Sausalito City Zoning Code
Division III
LAND USE REQUIREMENTS
§ 10.40.010 Purpose and applicability of chapter.
A.
Purpose. In addition to the general purposes established in SMC § 10.10.030 (Title and purpose), the specific purpose of this chapter is to provide general regulations to guide the location, design and development of new land uses and structures and the alteration of existing uses and structures. The provisions of this chapter supplement and work with the development requirements of each base and overlay zoning district established by SMC § 10.12.040 (Establishment of zoning districts). The illustrations[1] in this chapter are supplemental to the text and serve to describe the development standards contained within the text. In the event of a conflict between the text and the illustrations, the text shall govern.
[1]
Editor's note: the Zoning District Illustrations are included as an attachment to this title.
(Ord. 1167 § 2, 2003)
§ 10.40.020 Development standards of the fair traffic limits initiative.
The following standards were adopted by a majority vote of the electors of the City of Sausalito on June 4, 1985 (full text in the appendix to this title). Included below, in italics, is clarification language adopted by Resolution 3407 of the City Council on July 16, 1985, and now made a part of this Zoning Ordinance. This section affects only the CN (commercial neighborhood), CS (commercial shopping center), IM (industrial marinship), CW (commercial waterfront), and W (waterfront), but does not affect the CC (central commercial) or any residential zoning districts. The CR (commercial residential) zoning district is affected only as provided in SMC § 10.24.040(B) (New Development in CR District).
A.
Findings and Purpose. The people of the City of Sausalito hereby find that it is in the best interests of the present and future residents of the City to reduce the increase in automobile traffic generated by new development in the City's commercial and industrial zones and to preserve the maritime character of those areas by reducing permissible density in commercial and industrial areas.
This reduction is necessary to protect property rights and to ensure orderly development in commercial and industrial zones in the City in a manner that will not generate excessive traffic, air or noise pollution, nor diminish the public health and welfare.
B.
Application of Standards. It is the intention of the people of Sausalito that the following policies govern the implementation of density standards and maximum floor area ratios:
1.
Existing uses which are made nonconforming by this amendment shall be considered nonconforming under the provisions of SMC § 10.62.020 (Applicability).
2.
If on December 1, 1984, a parcel exceeds the maximum floor area ratio permitted by this amendment, that parcel may not be split into additional parcels in order to provide additional buildable area. This section limits the division of land parcels which on or after December 1, 1984, equaled or exceeded the maximum floor area ratio.
3.
The zoning map of Sausalito effective as amended July 15, 1980, shall govern the affected zoning categories. No site may be redesignated to any other zoning classification that would allow greater density or floor area ratio. The term "categories" may be used interchangeably with the term "classifications." The term "density" shall refer to the amount of floor area ratio as determined by the maximum floor area ratio column shown on the development standards table for each applicable commercial district. This section prohibits the redesignation of any site within the affected zoning districts to any other zoning classification from the list of classifications on the zoning map or any other zoning classification later invented, that would result in greater floor area ratio than presently attached to the site. No parcel reverts to the zoning classification that it bore on July 15, 1980.
4.
Where a parcel is already developed up to or beyond the maximum floor area ratio, no conversion or change in use may be permitted when that conversion or change in use will result in increased commercial usage or density. The term "increased commercial usage or density" refers to the prohibition of increasing the allowable percentage of commercial use and floor area ratio above those indicated in the maximum floor area ratio column of the development standards table for each applicable commercial district. This section does not prohibit the addition or deletion to the list of permitted uses in each affected zoning classification; provided, that such a modification would not produce an increase in the amount of allowable floor area ratio that would have been permitted had the list not been modified.
5.
In the CR zone, residential uses existing as of December 1, 1984, may not be converted into any other uses. This section limits the conversion of residential uses in the CR (commercial-residential) zoning district which existed on or after December 1, 1984.
6.
The maximum floor area ratios identified for the CN (commercial neighborhood), CS (commercial shopping center), IM (industrial marinship), CW (commercial waterfront), and W (waterfront) zoning districts may not be exceeded by variance, conditional use, planned unit development or any other device. These zoning permits may not be used to increase the floor area ratio beyond the figures listed as the maximum floor area ratio in Table 2 of the initiative. Variances may be considered to modify required yards, height limit, required parcel size and building coverage; provided, that the variance does not result in an increase in the amount of development permitted by the floor area ratios in the development standards tables for each applicable commercial district.
(Ord. 1167 § 2, 2003)
§ 10.40.030 Minimum parcel standards.
Each existing parcel proposed for development or a new land use shall comply with the provisions of this section. New parcels proposed in a subdivision shall comply with this section and all applicable provisions of SMC Title 9 (Subdivisions).
A.
Definition. Parcel area shall be defined as the net parcel area as defined by Chapter 10.88 SMC (Definitions).
B.
Minimum Parcel Requirements. All parcels shall meet minimum parcel size standards for permitted or conditionally permitted uses unless otherwise provided by this section. The following standards shall apply to all new parcels proposed by any application for major or minor subdivision, planned unit development, and lot line adjustment:
1.
The width of any parcel shall not be less than 30 feet at any point.
2.
The average width of any parcel shall not be less than 50 feet. Average parcel width shall be the area of the parcel in square feet divided by the length, in feet, measured down the center of the parcel.
3.
Street frontage shall be required for all parcels and shall not be less than 30 feet, as measured on the front parcel line.
4.
To the extent practicable, parcel lines shall have a regular, unbroken alignment and shall intersect the street right-of-way as close to the perpendicular as possible.
5.
To the extent practicable, parcels shall have a regular, rectangular shape and curved lines should be avoided.
C.
Legal Nonconforming. Parcels legally existing on the effective date that do not comply with the minimum parcel sizes set forth in this title shall be considered legal nonconforming. Any lot in an R-2-2.5 district legally created prior to December 17, 1963, provided such lot has a minimum building site area of 3,000 square feet, shall be considered conforming. Nothing in this title shall be construed as requiring that a legally created lot must be merged or subdivided to come into compliance with the minimum parcel requirements set forth herein.
D.
Development on Substandard Lots. A legally created substandard-sized lot (either width or area) for the applicable base district may be occupied by a permitted or conditional use, subject to the following:
1.
Subject parcel must average at least 30 feet wide; and
2.
Subject parcel must provide at least 1,500 square feet of net parcel area.
No substandard lot shall be further reduced in area or width, except as required for public improvements. Substandard lots under contiguous ownership are subject to the merger provisions of the State Subdivision Map Act. |
A substandard lot shall be subject to the same setback and density requirements as a standard lot. One dwelling unit may be located on a substandard lot that meets the requirements of this section. The minimum parcel area per dwelling unit for two-family dwellings shall be 1,500 square feet. |
E.
Maximum Number of Dwelling Units. The maximum number of dwelling units permitted for any two-family or multiple-family residential site or planned development (Pd) shall be determined by dividing the net parcel area by the required minimum building site area per dwelling unit, as specified by the applicable zoning district. When the permitted number of dwelling units is calculated to a fractional number, any fraction of less than one unit shall be disregarded and be rounded down to the next whole number.
F.
Exceptions. When considering applications for major or minor subdivisions, planned developments (Pd), and lot line adjustments, the Planning Commission may grant exceptions to the standards required under subsection B of this section (Minimum Parcel Requirements). Any such exception must be requested by the applicant, and shall fully state the grounds of the request and the facts relied upon by the applicant. In order to grant such an exception, the Planning Commission must find:
1.
The proposed exception will permit development solutions more beneficial to the site and surrounding properties than could be achieved under the standards set above.
2.
The granting of the proposed exception will not be detrimental to the public health, safety, or welfare, or injurious to abutting parcels or other property in the vicinity.
3.
The proposed exception will not result in or continue an undesirable precedent, contrary to the intent of the general plan and Zoning Ordinance.
(Ord. 1167 § 2, 2003; Ord. 1205 § 14, 2012)
§ 10.40.040 Floor area ratio.
A.
Applicability of Floor Area Limits. Floor area limits for buildings and structures are established by Chapters 10.20 through 10.28 (Zoning Districts Regulations), 10.44 SMC (Specific Use Requirements) and this chapter. New construction and additions to buildings shall not exceed the floor area ratio (FAR) limit identified in the site development standards table for each applicable zoning district (Chapters 10.20 through 10.26 SMC, base zoning district regulations).
B.
Measurement of Floor Area. The sum of the gross horizontal surfaces of all enclosed buildings and any covered patio, balcony, court, deck, porch or terrace with over 50 percent of the surface of the exterior vertical area (not including the vertical area of the main building wall) enclosed by weatherproof materials (including closable windows, doors and louvers). Floor area shall be measured from the interior faces of the exterior walls and shall exclude vent, utility and elevator shafts; inner courts; 500 square feet of enclosed automobile parking spaces for single-family dwellings and the minimum area for parking and circulation required by SMC § 10.40.110 (Parking space requirements by land use) and 10.40.120 (Design and improvement of parking) for all other uses; and shall include attics, crawl spaces and other confined spaces with a ceiling height greater than five feet 11 inches where such space has a finished floor. Interior volumes in residential structures with a finished floor to top of roof height of over 20 feet for sloped roofs (minimum 4:12 pitch) and over 17 feet for flat roofs shall be counted as 1.5 times the finished floor area. Continuous staircases (e.g., stacked) shall be measured as floor area on one floor only. Discontinuous (e.g., offset) staircases in residential structures shall be measured as floor area on each floor. See Diagram 10.40-10.[1]
[1]
Editor's Note: Diagram 10.40-10 is included as an attachment to this title.
C.
Floor Area Ratio (FAR) Calculation. "Floor area ratio" or "FAR" shall mean the floor area of the building or buildings on a parcel divided by the net area of the parcel. Floor area for basements where at least 50 percent of the exterior walls are subterranean shall receive a 50 percent discount. A maximum of 500 square feet of subterranean floor area may receive the discount. To receive this credit for subterranean floor area, the entire basement must be located within the required setbacks, an accessory dwelling unit or junior accessory dwelling unit must be located or proposed as a part of the development on the parcel, and the project must comply with all other parts of this title.
D.
Floor Area Ratio (FAR) Limits. The maximum floor area allowed on any parcel shall be determined by multiplying the net parcel area by the maximum permitted FAR identified in the site development standards table for each applicable district. Also see SMC § 10.56.050.
E.
Reserved.
F.
Split Parcels. For parcels which are located within two or more separate residential zoning districts, the FAR calculation for structures within a certain zoning district shall be based upon the net parcel area only within that zoning district. Each portion of the parcel located within a different residential zoning district is treated as a separate parcel for determination of FAR entitlements. FAR entitlements within one residential district cannot be transferred to another residential district. This rule shall not apply in commercial districts for development associated with an approved master plan.
G.
Industrial-Equivalent FAR Requirements (Marinship Specific Plan). See SMC § 10.28.050(E)(4).
(Ord. 1167 § 2, 2003; Ord. 1205 §§ 15 – 17, 2012; Ord. 1281 § 8, 2020)
§ 10.40.050 Building coverage limits.
A.
Applicability of Coverage Limits. Coverage limits for buildings and structures are established by Chapters 10.20 through 10.28 (Zoning Districts Regulations), 10.44 SMC (Specific Use Requirements) and this chapter. No building or buildings shall be constructed or enlarged so as to cover a greater percentage of the parcel than the building coverage limit identified in the site development standards table for each applicable zoning district.
B.
Measurement of Coverage. Coverage is measured as the percentage of the total site area occupied by buildings and structures. For the purposes of this definition, "buildings" include primary buildings, garages, carports, and accessory buildings; decks and paved areas (such as walkways, driveways, patios, uncovered parking areas or roads) that have an elevation of at least two feet above the average level of the natural grade directly below the constructed feature (average of highest and lowest points); and stairs two feet above the natural grade. The measurement of site coverage shall not include the portion of roof eaves and/or rain gutters that extend no more than two feet six inches from the face of the building wall, but shall include the portion of roof eaves and/or rain gutters that extend more than two feet six inches from the face of the building wall. Also see SMC § 10.56.050.
C.
Limit on Decks and Impervious Surfaces. All structures which count toward building coverage shall also count as impervious surface. In addition, impervious surface shall consist of any of the following features, regardless of height relative to natural grade: (1) all paved surfaces, such as concrete, regardless of the permeability of the material; (2) all hardscape garden elements such as stepping stones, fountains, statuary, swimming pools, and walls; (3) all deck areas regardless of the material used for the deck structure; (4) all gravel areas. See Diagram 10.40-1[1]. The following features shall not be counted toward impervious surface: (1) landscaped areas; (2) planters; (3) unlandscaped areas of exposed earth, including those between different impervious surfaces (such as stepping stones) or between impervious surfaces and landscaped areas (such as the area between a walkway and a landscaped area). Impervious surfaces shall be subject to the maximum area specified in Table 10.22-2 (Site Development Standards – Residential Zoning Districts).
[1]
Editor's Note: Diagram 10.40-1 is included as an attachment to this title.
D.
Reserved.
E.
Split Parcels. For parcels which are located within two or more separate zoning districts, the coverage calculation for structures within a certain zoning district shall be based upon the net parcel area only within that zoning district. Each portion of the parcel located within a different zoning district is treated as a separate parcel for determination of coverage entitlements. Coverage entitlements within one district cannot be transferred to another district.
(Ord. 1167 § 2, 2003; Ord. 1205 §§ 18, 19, 2012)
§ 10.40.060 Height requirements.
A.
Applicability of Height Limits. Height limits for buildings and structures are established by Chapters 10.20 through 10.28 (Zoning Districts Regulations), 10.44 SMC (Specific Use Requirements) and this chapter. No building or structure shall be constructed or altered to exceed the height limit established by this chapter, except as otherwise provided by this section.
B.
Measurement of Height. All portions of a building (including any portion of a floor, chimney or other appurtenance) shall be limited to 32 feet in height within the first 15 feet from the property line, as measured from the centerline of the paved portion of the road opposite the midpoint of the front parcel line. In addition, all structures shall be subject to the height restrictions identified below and the height restrictions specified in the appropriate zoning district, provided under no circumstances shall the height of any point of a building to the natural grade directly below exceed 50 feet.
1.
Standard Building Height. Building height is the vertical distance from the average level of the natural ground surface under the building to the highest point of the building or structure. To determine the height of a building, the highest and lowest points of contact with the natural grade are identified and the average of these two elevations is the point from which the permitted maximum height is measured. The highest and lowest points of contact are determined where the maximum vertical projections of the perimeter walls of the building contact the natural grade. Where more than one structure is proposed for construction, the permitted height shall be individually computed for each detached structure. Balconies, decks and similar appurtenances and projections shall not be included in measuring the primary structure's building height.
2.
Over Water or Flood Zone. Maximum height of buildings located over water or within the V1 flood zone as identified in the FIRM (National Flood Insurance Rate Map) of the National Flood Insurance Program shall be measured above the natural grade or six feet above NGVD (National Geodetic Vertical Datum), whichever is higher. The height of floating structures shall be measured from three feet above the waterline. See Diagram 10.40-2.[1]
[1]
Editor's Note: Diagram 10.40-2 is included as an attachment to this title.
3.
Building Appurtenances. Balconies, decks and similar appurtenances and projections shall not extend beyond a line measured from the high point of the building face on which the appurtenance is located and parallel with the degree of slope based upon the highest and lowest point of contact of the structure which it serves. When open balconies, decks and similar appurtenances are enclosed on existing structures and the newly calculated building height exceeds the height allowed by this title, this excessive height is permitted subject to the following conditions:
C.
Sloped and Level Parcels. In addition to the provisions contained in subsection B of this section (Measurement of Height), height restrictions shall apply to all sloped (uphill and downhill) and level lots, as the lots are sloped from abutting streets. For lots that abut more than one street, more than one restriction will apply. The Community Development Director shall review and make a determination for proposals that do not meet the site conditions described below:
1.
Uphill. Any slope greater than 10 degrees slope computed upward from a parcel line that abuts a street at the front of the property to the rear of the property. On the uphill side of a street, a sloped roof that exceeds the height restriction identified in subsection B of this section (Measurement of Height) may be permitted subject to the following conditions (see Diagram 10.40-4)[2]:
a.
The roof slopes to meet a front wall of less than 32 feet toward the front property line, measured as stated above;
b.
The maximum height within the first 15 feet does not exceed 40 feet; and
[2]
Editor's Note: Diagram 10.40-4 is included as an attachment to this title.
2.
Level. Any slope between 10 degrees up and 10 degrees down computed from a parcel line that abuts a street at the front of the property to the rear of the property. On level parcels, no portion of a building, including any portion of a roof, chimney or other appurtenance, shall exceed a height of 32 feet, as measured from a point located at the centerline of the paved portion of the road opposite the midpoint of the front parcel line. See Diagram 10.40-3[3].
[3]
Editor's Note: Diagram 10.40-3 is included as an attachment to this title.
3.
Downhill. Any slope greater than 10 degrees slope computed downward from a parcel line that abuts the street at the front of the property to the rear of the property. The following provisions apply (see Diagram 10.40-5[4]):
a.
Height Restrictions. On the downhill side of a street no portion of a building, including any portion of a roof, chimney, or other appurtenance, shall exceed a height of 24 feet, as measured from the centerline of the paved portion of the road opposite the midpoint of the front parcel line.
b.
Exception for Parking. On the downhill side of a street, that portion of a building devoted to covering the off-street parking spaces and building access may project above the 32-foot required height limit subject to the following conditions:
i.
The overall height of the structure and all appurtenances does not exceed 40 feet;
ii.
The portion of new proposed structures exclusive of covered parking does not exceed the 32-foot height limit;
iii.
The covering does not violate any other provisions of this title;
iv.
The covered parking is the highest structure on an uphill lot; and
[4]
Editor's Note: Diagram 10.40-5 is included as an attachment to this title.
D.
Exceptions to Height Limits. The height limits for buildings and structures established by this chapter are subject to the following exceptions:
1.
Public and Quasi-Public Buildings and Structures. In districts in which a lower height limit is established, places of assembly in schools, religious institutions, and other permitted public and semi-public buildings may be erected to a height not exceeding 45 feet above average grade subject to the following conditions:
a.
The minimum side yard setback shall be increased one foot for each two feet such structure exceeds 32 feet in height.
b.
The minimum rear yard setback shall be increased one foot for each four feet such building exceeds 32 feet in height.
c.
Other architectural features (i.e., steeples, spires, chimneys, vents, etc.) may exceed the 45-foot height limit, subject to design review.
d.
The height exception is subject to review and approval by the Planning Commission as governed by Chapter 10.54 SMC (Design Review Procedures).
e.
The Planning Commission finds the proposed building includes special architectural features that contribute to the community's character, while meeting the overall purpose of height restrictions.
2.
Utility Poles. Power distribution poles and lines may exceed the height limits established for the zoning district provided they do not exceed a height of 40 feet unless a greater height is authorized under the terms of a conditional use permit as provided in Chapter 10.60 SMC (Conditional Use Permits).
3.
Architectural Features. Chimneys, vents, and smokestacks may exceed the 32-foot height limit only to the minimum extent required by SMC Title 8 (Buildings and Construction).
4.
Freestanding Structures. A conditional use permit shall be required for fire towers, commercial radio, and television towers, water towers and tanks, flag poles, power transmission towers, lines and poles, elevator towers, and similar structures and necessary mechanical appurtenances built and used to a greater height limit than that established for the applicable district. No such exception shall cover, at any level, more than five percent of the parcel nor exceed 1,600 square feet at the base. No tower, spire or similar structure shall contain floor area for commercial or residential use. Wireless communications facilities, as defined in Chapter 10.88 SMC (Definitions), shall be governed by Chapter 10.45 SMC (Standards and Criteria for Wireless Communications Facilities) except that in the event Chapter 10.45 SMC (Standards and Criteria for Wireless Communications Facilities) is silent regarding a specific regulation or requirement, the applicable zoning regulation from this title shall govern.
(Ord. 1167 § 2, 2003; Ord. 1205 §§ 20, 21, 2012)
§ 10.40.070 Setbacks and yards.
Each zoning district establishes minimum setback requirements. Special situations exist where setbacks will be applied differently or must be increased. This section addresses these special situations. A setback provided around any building to comply with provisions of this chapter shall not be considered a yard or setback for any other building.
A.
Purpose. In addition to the general purposes of this title and this Chapter 10.40 SMC (General Development Regulations), the specific purposes of this section are as follows:
1.
To provide light and open space between structures on the same and adjoining lots;
2.
To provide open space between structures and adjoining pedestrian ways;
3.
To increase setbacks and provide visual relief along property lines with long, unbroken walls; and
4.
To provide flexibility in the application of setback requirements.
B.
Land Locked Parcel. Any parcel that does not have a front parcel line (i.e., not fronting on a public street or road) shall provide the required rear yard along one parcel line and the required side yard along all remaining parcel lines. If a rear parcel line has not already been established, the owner may elect any parcel line as the rear parcel line provided such choice is not injurious to adjacent properties, as determined by the Community Development Director. If a rear parcel line has already been established, the owner may elect a new parcel line as the rear parcel line, provided such choice is not injurious to adjacent properties, as determined by the Community Development Director. See Diagram 10.40-6[1].
[1]
Editor's Note: Diagram 10.40-6 is included as an attachment to this title.
C.
Parcels Fronting on More Than One Street. The following setbacks shall apply for parcels abutting more than one public street or right-of-way measuring 50 feet or more in width (whether or not developed) (see Diagram 10.40-7[2]):
1.
No setback shall be required from parcel lines adjoining two intersecting public streets or rights-of-way.
2.
Setbacks may be decreased for parcels fronting on two non-intersecting streets, or for parcels fronting on more than two intersecting streets, provided the proposal is subject to design review and the Planning Commission finds the reduced setback does not diminish the overall purpose of providing physical and visual space between residences.
[2]
Editor's Note: Diagram 10.40-7 is included as an attachment to this title.
D.
Required Increase of Setbacks. Setbacks will be increased in the following instances:
1.
Length of Building. The length of a structure shall be measured along a line parallel to the adjoining side lot line. Where the length of a structure, building wall, or series of attached building walls exceeds 40 feet measured parallel to the adjoining side lot line, the minimum setback shall be increased at the rate of one foot for each five feet such length exceeds 40 feet. The full length of the building shall be subject to the increased setback. If the addition will increase the building length to exceed 40 feet, only the addition shall require the additional side yard setback. The full length of the addition shall be subject to the increased setback. See Diagram 10.40-8[3].
[3]
Editor's Note: Diagram 10.40-8 is included as an attachment to this title.
2.
Entrance to Dwelling from Side Yard. Where access to the main or secondary entrance of any two-family dwellings or multiple-family dwellings, group houses, court apartments or row dwellings is from the side yard, the minimum side yard setback shall be increased by one foot for each applicable dwelling unit. Such increase need not exceed five feet.
3.
Creek Setbacks. No structures of any kind, other than stairs and pathways on grade and/or retaining walls for slope stabilization purposes, shall be located within 20 feet of the 100-year flood elevation line of an open natural drainage way or wetland (i.e., creek) identified on Map GP-14 of the environmental quality element of the general plan. Additional setbacks from creeks and wetland areas may be required as part of the environmental review process pursuant to the California Environmental Quality Act, as applicable. Also, in the course of design review, the Planning Commission may determine that additional setbacks from watercourses are necessary to ensure consistency with relevant policies contained in the environmental quality element of the general plan.
E.
Special Setbacks.
1.
Purpose. Special building setback lines are established along designated streets, pedestrian and other public ways to provide space for light, air, safety, circulation, and visual amenity.
2.
Applicability. Structures adjacent to the streets, pedestrian ways and other public ways designated below shall be subject to the corresponding special building setback line. In any district where the yard requirement is more or less than the distance set forth by any special building setback line, the distance established by the special building setback line shall apply.
3.
Measurement. The location of a special building setback line shall be measured in feet at right angles from the parcel line of the subject property or the line of the street, pedestrian way or other public way adjacent to the subject parcel.
4.
Special Setback Lines.
a.
A 10-foot special building setback line is required on both sides of the following streets, pedestrian ways or other public ways:
b.
A five-foot special building setback line is required on both sides of the 20-foot future pedestrian way shown on the general plan for the marinship area, and lying between Coloma Street and Harbor Drive.
(Ord. 1167 § 2, 2003; Ord. 1205 §§ 22 – 24, 2012)
§ 10.40.080 Exceptions to required setbacks.
The following setbacks shall apply in the situations specified (rather than those required by Chapters 10.20 through 10.28 SMC, Zoning Districts Regulations) and any setback requirements in Chapter 10.44 SMC (Specific Use Requirements):
A.
Narrow Parcels. The side yard setback requirement may be reduced to 10 percent of the lot width, to not less than three feet, for any substandard parcel that meets the criteria in SMC § 10.40.030(D) (Development on Substandard Lots) and is less than 50 feet wide. See Diagram 10.40-7[1].
[1]
Editor's Note: Diagram 10.40-7 is included as an attachment to this title.
B.
Pedestrian Lane Rights-of-Way. Where a side parcel line adjoins a right-of-way which does not contain a street and is 10 feet or less in width, the required side yard setback shall be measured from the center line of such right-of-way.
C.
Accessory Structures. Accessory structures and buildings may occupy required yard areas only to the extent permitted by SMC § 10.44.020 (Accessory uses and structures).
D.
Temporary Structures. Structures that are temporary or can easily and readily be removed, have no more than 120 square feet of roof area, and are not permanently attached to the ground (including but not limited to surface utilities and storage bins), may be allowed within required setbacks for a period of no more than 60 days per year.
E.
Lot Mergers. A multifamily rental project that is located on a single site composed of multiple contiguous lots shall only be subject to the setbacks along the exterior lot lines for projects that include a lot merger.
(Ord. 1167 § 2, 2003; Ord. 1205 § 25, 2012; Ord. 06-2025-A, 12/2/2025)
§ 10.40.090 Permitted projections into required setbacks.
A.
B.
Yard Projections. Projections into minimum yards shall be as follows:
1.
The minimum yard setback may be reduced by up to 20 percent; provided, that at all times a minimum setback of three feet is provided, for the following features (see Diagram 10.40-8[1]):
a.
Cornices, canopies, eaves, or any other similar architectural features, not exceeding three feet.
b.
Fire escapes not exceeding four feet.
c.
Bay windows, balconies, and chimneys may project a distance not to exceed three feet; provided, that such features do not occupy, in aggregate, more than one-fifth the length of any otherwise unbroken section of wall of the building on which they are located.
[1]
Editor's Note: Diagram 10.40-8 is included as an attachment to this title.
2.
The minimum yard setback may not be reduced for decks that are 24 inches or more above natural grade, porches, or other indoor or outdoor living areas.
3.
The following features may project into required yards if the applicable height and/or coverage requirements are met:
a.
Walkways; provided, that any walkway is not at any point more than two feet above or below the level of natural grade.
b.
Decks, swimming pools and patios; provided, that the height of any structure does not exceed two feet above the average level of natural grade directly below the feature and at all times a minimum setback of five feet is maintained.
c.
An uncovered stair and necessary landings; provided, that such stair and landings do not extend above the entrance floor of the building except for a railing compliant with the California Building Code.
C.
Reserved.
D.
Side Yard Structural Projections. Where a building wall is not parallel to a parcel line, or does not follow a continuous unbroken alignment, a portion of the building wall may project into the required setback provided that:
(Ord. 1167 § 2, 2003; Ord. 1205 §§ 26, 27, 2012)
§ 10.40.100 Parking standards.
A.
Purpose and Intent. The purposes of this section requiring off-street parking are as follows:
B.
Type and Location of Parking Required. All approved land uses shall be designed and developed to provide the type and amount of off-street parking spaces required by SMC § 10.40.110 (Parking space requirements by land use), and shall be designed as required by SMC § 10.40.120 (Design and improvement of parking). All parking spaces required by this section shall be located on the same site as the use for which parking is required, except as otherwise allowed by SMC § 10.40.110(E) (Joint Use) and 10.40.120(B) (Exceptions). The following requirements also apply:
1.
Disabled Accessible Parking. Parking lots shall include disabled accessible parking spaces in the amount and manner required by Title 24 of the California Code of Regulations. Disabled spaces count toward the total number of parking spaces required by SMC § 10.40.110 (Parking space requirements by land use). Parking spaces serving existing uses may be reduced in number to permit the installation of disabled accessible parking as prescribed by Title 24 of the California Code of Regulations. Existing structures and uses will not be considered nonconforming solely due to the loss of required parking for the purpose of establishing disabled accessible parking.
2.
Bicycle Racks. Parking lots with 20 or more spaces shall provide one bicycle rack for each 20 parking spaces. Bicycle racks shall be designed to provide a minimum of four bicycle spaces in each rack and to allow a bicycle to be locked to the rack.
3.
Accessibility and Usability. No owner or tenant shall lease, rent, or otherwise make a parking space required by this chapter unavailable to the intended users of the parking space.
4.
Minimum Off-Street Parking. All off-street parking and vehicular access must be designed to result in a minimum loss of on-street parking and a net increase of at least one overall parking space (i.e., at least two off-street parking spaces must be served by a driveway where one on-street parking space is eliminated). Where only one off-street parking space is typically required, two off-street parking spaces shall be provided where one off-street parking space is lost to driveway access. Alternatively, the loss of on-street parking may be offset by frontage reconfiguration or improvements to maintain the existing amount of on-street parking. Any proposed reconfiguration or improvement to on-street parking shall be subject to review and approval by the Community Development Director and City Engineer.
(Ord. 1167 § 2, 2003; Ord. 1205 § 28, 2012)
§ 10.40.110 Parking space requirements by land use.
The number of off-street parking spaces required for the land uses identified by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations) shall be as provided by this subsection, except where parking requirements are established by Chapter 10.44 SMC (Specific Use Requirements) for a specific use.
A.
Interpretation of Parking Requirements. The requirements in subsection B of this section (Minimum Required Parking) shall be interpreted according to the following provisions:
1.
Uses Not Listed. The number of parking spaces required for land uses not listed in subsection B of this section (Minimum Required Parking), and that do not have parking requirements set by Chapter 10.44 SMC (Specific Use Requirements), shall be the same as required for the most similar use, as determined by the Community Development Director. The Planning Commission or Zoning Administrator shall determine the number of spaces required for uses not listed where a conditional use permit or a minor use permit is required, respectively.
2.
New Buildings Without Tenants. If the types of rental tenants that will occupy a commercial, office or industrial building are not known at the time of land use or building permit approval, the amount of parking to be provided shall be:
a.
The maximum number of parking spaces required for the most parking-intensive uses permitted by the zoning district and which the proposed building as designed can reasonably accommodate.
b.
Determined by the Zoning Administrator or Planning Commission, when a minor use permit or conditional use permit is required for the proposed use.
3.
Mixed Use Sites. Where a site contains more than one principal use (e.g., shopping center), the amount of parking to be provided shall be the total of that required for each individual use, except where a shared/joint use parking permit is secured as provided by subsection D of this section (Reductions).
4.
Mixed Function Buildings and Storage Areas.
a.
Where a building occupied by a single use (or separate tenancy rental space within a building) contains several functions, such as sales, office and storage areas, the amount of parking to be provided shall be as required by subsection B of this section (Minimum Required Parking) for the principal use, for the gross floor area (total area of all internal functions), except where noted on Table 10.40-1 (Parking Requirements).
b.
When accessory storage areas associated with a principal use will be larger than 2,000 square feet, the required parking ratio for such areas shall be required as specified by Table 10.40-1 (Parking Requirements) for warehousing, instead of that required for the principal use.
5.
Existing Structures and Uses. No part of this section shall be construed as requiring additional off-street parking for authorized structures and uses legally existing at the time of the effective date of the ordinance codified in this title. Where any or all required off-street parking is not provided for such a use, that use may be replaced by a use requiring the same or less off-street parking. Parking required by the current ordinance which has been established for a structure or use shall not be removed, obstructed, or dedicated to other uses unless otherwise approved and authorized herein.
6.
Expansion or Intensification in Use. Whenever the occupancy or use of any site is changed to a more intensive use and/or expanded in scope, additional off-street parking shall be provided as required by this title for the new use or expanded occupancy. Where the existing use does not provide all required off-street parking, additional off-street parking shall be required as follows:
a.
Nonresidential. Whenever the occupancy or use of any commercial, industrial, or institutional site that is not in compliance with the off-street parking requirements of this chapter is intensified and/or enlarged, additional off-street parking shall be provided as required by this title for the new use or occupancy. For the CC and CR districts, increased parking shall be provided in the amount relative to the incremental change or expansion of use. For the marinship and CN districts, parking shall be increased for the entire expanded or intensified use.
b.
Residential. Whenever the density (number of units) of any residential site that is not in compliance with the off-street parking requirements of this chapter is intensified, additional off-street parking shall be provided as required by this title for the new use or occupancy and for the existing use.
c.
Nonconforming Uses. When a nonconforming structure is remodeled, replicated or expanded, parking shall be provided consistent with SMC § 10.62.050(B) (parking for nonconforming structures).
7.
Parking Calculation. The following guidelines shall be used to calculate parking requirements:
a.
When the required number of parking spaces is calculated to a fractional number, any fraction of less than one-half shall be disregarded and any fraction of one-half or greater shall be rounded up to the next whole number.
b.
When calculating the number of parking spaces required for a specific land use, the gross floor area of any building and the gross land area of any outdoor activity shall be used. If a multiple-use building contains common areas, the parking calculation for those common areas shall be based upon the ratios of various uses in the building.
B.
Minimum Required Parking. The number of off-street parking spaces required for new uses shall be based upon the type of land use, as specified in Table 10.40-1 (Parking Requirements). Where the tables of this subsection show more than one parking ratio for any use, the required number of spaces is the total of all ratios shown. Whenever subsection C of this section (Specified Land Uses) does not specify a required amount of parking spaces for a listed land use, off-street parking shall be provided in an amount adequate to meet the parking needs of all employees, visitors, and loading activities entirely on the site of the use.
Table 10.40-1 PARKING REQUIREMENTS | |
|---|---|
Land Use | Off-Street Parking Required |
Open Space and Public | |
Plant nurseries | 1 per 400 sq. ft. of gross floor area ("GFA") of manufacturing stock + 1 per 2,000 sq. ft. of nursery stock area |
Recreation, Education and Public Assembly | |
Community centers | 1 per 4 fixed seats 1 per 60 sq. ft. multi-use floor area if no fixed seats |
Libraries and museums | 1 per 500 sq. ft. public use area |
Private clubs and recreational facilities | 1 per 100 sq. ft. building area |
Outdoor commercial recreation | Determined by MUP or CUP |
Recreation, health, and fitness centers | 1 per 250 sq. ft. floor area |
Religious institutions | See SMC § 10.44.110 (Religious institutions, private clubs and fraternal organizations) |
Schools | Elementary and middle school: 3 per classroom High school: 8 per classroom |
Schools – specialized education and training | 1 per 300 sq. ft. of floor area |
Temporary events | Determined by MUP or CUP |
Theaters and meeting halls | 1 per 4 seats or 1 per 60 square feet of seating area |
Yacht clubs | 1 per 100 sq. ft. of building area |
Manufacturing and Processing Uses | |
General industry | 1 per 500 sq. ft. of GFA |
Limited industry | 1 per 500 sq. ft. of GFA |
Research development industry | 1 per 450 sq. ft. of GFA |
Wholesaling, distribution and storage | 1 per 2,000 sq. ft. of GFA |
Marine industrial | 1 per 1,000 sq. ft. of GFA |
Uses in excess of 10,000 sq. ft. | As determined by Planning Commission |
Residential | |
Single- or multiple-family residential | 2 per dwelling unit. Exceptions allowed for small units. See SMC § 10.40.110(D)(5) |
Multiple-family residential (1 bedroom or studio) | 1.5 per dwelling unit |
Home occupations | See SMC § 10.44.030 (Home occupations) |
Liveaboards | See SMC § 10.44.170 (Liveaboards) |
Residential accessory uses | No additional parking required |
Residential care homes | 1 per 2 persons cared for |
Accessory dwelling units | See SMC § 10.44.080 (Accessory dwelling unit regulations) |
Secondary dwellings | See SMC § 10.44.080 (Accessory dwelling unit regulations) |
Senior housing | 1 per dwelling unit. See SMC § 10.44.120 (Senior housing projects) |
Retail Trade Land Uses | |
General retail | 1 per 250 sq. ft. |
Auto, vehicle and parts sales | 1 per 1,500 sq. ft. of use area |
Restaurants and bars | 1 per 4 persons occupancy of the dining and/or drinking area and 1 per 60 sq. ft. of floor area available for portable seats and/or tables |
Building material and hardware stores | 1 per 250 sq. ft. + 1 per 2,000 sq. ft. of exterior storage area |
Full-service supermarket | 1 per 250 sq. ft. + 1 per 2,000 sq. ft. of storage area |
Furniture, furnishings and equipment stores | 1 per 1,000 sq. ft. of use area |
Mail order and vending | 1 per 250 sq. ft. + 1 per 2,000 sq. ft. of storage area |
Maintenance equipment and supplies sales | 1 per 400 sq. ft. |
Retail stores, general merchandise | 1 per 250 sq. ft. of floor area |
Secondhand and thrift stores | 1 per 250 sq. ft. of floor area |
Temporary outdoor retail sales | See SMC § 10.44.300 (Temporary outdoor retail sales) |
Wholesale and retail fish sales | 1 per 250 sq. ft. or 3 per boat |
Service Land Uses | |
Banks and financial services | 1 per 300 sq. ft. of floor area |
Business support services | 1 per 300 sq. ft. of floor area |
Child day care | See SMC § 10.44.100 (Child day care) |
Construction contractors | 1 per 300 sq. ft. of office + 1 per 1,000 sq. ft. of storage area |
Equipment rental and sales | 1 per 400 sq. ft. of GFA + 1 per 2,000 sq. ft. of site area |
Government offices and facilities | 1 per 400 sq. ft. |
Laundries and dry cleaning plants | 1 per 1,500 sq. ft. of use area |
Marine commercial uses | 1 per 500 sq. ft. |
Marine fuel facility | As determined by CUP |
Medical services – clinics and laboratories | 1 per 250 sq. ft. of floor area |
Medical services – hospitals and extended care | 1 per 250 sq. ft. of floor area |
Medical services – veterinary clinics and hospitals | 1 per 250 sq. ft. of floor area |
Offices | 1 per 300 sq. ft. of floor area |
Offices, temporary | 1 per 300 sq. ft. of floor area |
Personal services | 1 per 300 sq. ft. of floor area |
Recording studios | 1 per 500 sq. ft. of floor area |
Repair and maintenance – accessory to sales | As required for retail use |
Repair and maintenance – consumer products | 1 per 300 sq. ft. of floor area |
Service stations and auto repair | 3 per service bay |
Storage, accessory | As required for principal use |
Storage yards | 1 per 1,500 sq. ft. of site area |
Upholstery shops | 1 per 500 sq. ft. of floor area |
Warehousing | 1 per 1,500 sq. ft. of use area |
Transient Lodging Land Uses | |
Bed and breakfast | 2 spaces, plus 1 space per guest room |
Hotels | 1 per 250 sq. ft. of office, plus 1 per guest room |
Hotel-condominium | 1 per 250 sq. ft. of office, plus 1.25 per guest room |
Transportation and Communications Land Uses | |
Boat launching ramps and haul outs | As required by CUP or MUP; recommended minimum 1 per 5 dry boat storage |
Dry boat storage | 1 per 3 striped spaces or 1 per 1,000 square feet of open storage area |
Harbor and marina facilities | See SMC § 10.44.140 (Harbor and marina facilities) |
Transit stations and terminals | As determined by MUP or CUP |
Vehicle storage | 1 per 300 sq. ft. of office area As needed for stored vehicles |
C.
Specified Land Uses. The following parking requirements shall apply to specified land uses:
1.
Retail trade uses shall provide the number of off-street spaces for each separate retail trade use or rental tenancy in the amount specified in Table 10.40-1 (Parking Requirements), but no less than one parking space for each use or tenancy within a structure.
2.
Transportation and communications uses shall provide the number of off-street spaces required by Table 10.40-1 (Parking Requirements), but no less than one space for each separate transportation and communication use or rental tenancy within a structure.
D.
Reductions. The number of parking spaces required by Table 10.40-1 (Parking Requirements) and subsection C of this section (Specified Land Uses) may be reduced as follows:
1.
Motorcycle Space Substitution. Parking lots with 40 or more spaces may replace one regular space with one motorcycle space for each 40 required spaces. Motorcycle spaces shall be a minimum size of three feet by six feet.
2.
Mixed Use Projects. The number of required spaces may be reduced through the conditional use permit review and approval process in mixed use projects where it is demonstrated that hours of operation of different uses will effectively allow dual use of parking spaces.
3.
Historic District Overlay. The number of required parking spaces for sites or structures within the downtown historic overlay district may be reduced consistent with subsection G of this section (Other Reductions), SMC § 10.46.070(C) (Development Standards), and 10.46.070(E) (Parking).
4.
Commercial Uses in CC and CR Zoning Districts. A common standard requirement of one off-street parking space for every 250 square feet of floor area shall apply to all existing commercial spaces and uses in the CC and CR zoning districts. All new structures or expansions of structures shall require additional off-street parking as listed in Table 10.40-1 (Parking Requirements).
5.
Parking Exceptions for Small Units. For parcels that provide at least two units where at least one of the units is less than 700 square feet only one parking space is required for the smallest unit. This exception may only be applied once per parcel. Additionally, off-site parking may be allowed with a conditional use permit. In addition to the findings required by SMC § 10.60.050 (Findings, conditional use permit), the following findings shall be made prior to issuance of a conditional use permit for off-site parking:
a.
It has been demonstrated that it is not feasible to accommodate a parking space on the parcel;
b.
It has also been demonstrated with a professionally prepared parking study that shows the availability of reasonably adjacent on-street parking during daytime and nighttime hours of on-street parking space equal to the amount of off-site parking spaces requested.
E.
Joint Use. The Planning Commission may, upon application by the owner or lessee of any property, authorize a conditional use permit for the joint use of parking facilities by the following uses or activities under the specified conditions:
1.
Up to 70 percent of the parking facilities required by this section for a use considered to be primarily a weekday use may be provided by a use considered to be primarily a weekend use. Up to 70 percent of the parking facilities required by this section for a use considered to be primarily a weekend use may be provided by the parking facilities of a use considered to be primarily a weekday use. Such reciprocal parking area shall be subject to conditions set forth in subsection (E)(3) of this section. The following are typical weekday uses: Offices, industrial uses. The following are typical weekend uses: Recreational marinas, waterfront activities.
2.
Up to 70 percent of the parking facilities required by this section for a use considered to be primarily a daytime use may be provided by a use considered to be primarily a nighttime use. Up to 70 percent of the parking facilities required by this section for a use considered to be primarily a nighttime use may be provided by a use considered to be primarily a daytime use. Such reciprocal parking area shall be subject to conditions set forth in subsection (E)(3) of this section. The following uses are typical daytime uses: Banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical nighttime uses: Theaters, bars and upper level residential uses.
3.
In order to approve a conditional use permit for joint use, the applicant shall demonstrate the following:
4.
If the area to be used for parking and the parcel on which the subject land use is located are not the same, then the Planning Commission shall consider whether a deed restriction is warranted as a condition of approval. The deed restriction would stipulate that the shared parking agreement shall remain in effect for the life of the subject land use.
F.
Reserved.
G.
Other Reductions. A conditional use permit waiving or allowing reduced parking requirements may be requested and processed in accordance with Chapter 10.60 SMC (Conditional Use Permits). The Planning Commission may grant a conditional use permit if any of the following findings can be made:
1.
The Sausalito Downtown Parking Survey and Shared Parking Model (by Robert L. Harrison Transportation Planning, September 1997, and updated February 2015, and thereafter updated) indicates that adequate parking exists in the CC district to support the new or expanded use; or
2.
The new or expanded structure replaces a pre-existing structure; or
3.
The new or expanded use allows preservation of an historic structure in the downtown historic district and does not require substantial alterations; or
4.
There is clear and convincing evidence that the parking demand will be less than the requirement in this section. The Planning Commission shall consider survey data submitted by applicant or collected at applicant's request and expense; or
5.
Due to the design of the building or structure, its probable long-term occupancy will not generate additional parking demand.
(Ord. 1194 § 3, 2009; Ord. 1167 § 2, 2003; Ord. 1205 § 3, 2012; Ord. 1217 §§ 8, 9, 2014; Ord. 1232 § 1, 2015)
§ 10.40.115 Parking exemptions within one-half mile of public transit.
A.
Purpose and Intent. The purpose of this section is to provide regulations for the exemption of parking for eligible projects that are within one-half mile of public transit pursuant to Cal. Gov't. Code § 65863.2.
B.
Standards for Projects Exempt from Minimum Automobile Parking Requirements.
1.
A residential, commercial, or other development project is not required to provide any minimum automobile parking if the project is located within one-half mile of public transit.
2.
Notwithstanding subsection B.1 of this section, an event center shall provide parking, as required by this section, for employees and other workers.
3.
Subsection B.1 of this section shall not apply to commercial parking requirements if it conflicts with an existing contractual agreement of the City that was executed before January 1, 2023, provided that all of the required commercial parking is shared with the public. This subsection shall apply to an existing contractual agreement that is amended after January 1, 2023, provided that the amendments do not increase commercial parking requirements.
C.
Negative Impact Findings. Notwithstanding subsection B.1 of this section, the Community Development Director may impose minimum automobile parking requirements on a project that is located within one-half mile of public transit if the Director makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
1.
The City's ability to meet its share of the regional housing need in accordance with Cal. Gov't. Code § 65584 for low- and very low income households.
2.
The City's ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to Cal. Gov't. Code § 65583(a)(7).
3.
Existing residential or commercial parking within one-half mile of the housing development project.
D.
Exceptions to Negative Impact Findings. For a housing development project, subsection C of this section (Negative Impact Findings) shall not apply if the housing development project satisfies any of the following:
1.
The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.
2.
The development contains fewer than 20 housing units.
3.
The development is subject to parking reductions based on the provisions of any other applicable law.
E. "Housing development project" "Project" "Public transit"
Definitions. For the purposes of this section, the following definitions shall apply:
means a housing development project as defined in Cal. Gov't. Code § 65589.5(h)(2).
does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Cal. Health & Safety Code § 50519.
means a major transit stop as defined in Cal. Pub. Res. Code § 21155.
F.
Additional Standards.
1.
This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development that is located within one-half mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this section did not apply.
2.
When a project provides parking voluntarily, any other requirements for car share vehicles, availability of parking for the public, or requirements of parking owners to charge for parking that may be set forth in this code or in the applicable building codes shall apply. The City shall not require that voluntarily provided parking be provided to residents free of charge.
(Ord. 06-2025-A, 12/2/2025)
§ 10.40.120 Design and improvement of parking.
Required parking spaces and areas shall be located on site and designed as provided by this section.
A.
Parking Lot and Parking Space Design and Layout. Except where otherwise provided by SMC § 10.40.110D (Reductions) or subsection A.3.b of this section (Disabled Spaces and Ramps), parking spaces shall be designed as follows:
1.
Parking Space Size. Parking spaces shall be a minimum of nine feet by 19 feet.
2.
Location of Parking. Off-street parking facilities shall be located on-site unless authorized by a conditional use permit as specified in subsection B.2 of this section (Off-Site Parking) or SMC § 10.40.110E (Joint Use).
3.
Parking Lot Design. The design and layout of parking lots shall conform to the following standards.
a.
Circulation Aisle Width. The minimum aisle width for access to parking spaces or between parking rows shall be as specified in Diagram 10.40-9[1] and shall be based on the angle and direction of parking spaces.
[1]
Editor's Note: Diagram 10.40-9 is included as an attachment to this title.
c.
Border Barricades. Every parking area that is not separated by a fence from any adjoining street or alley shall be provided with a suitable concrete curb or timber barrier not less than six inches in height to block vehicle tires. Except for entrance and exit driveways, such curb or barrier shall be continuous and shall be located not less than three feet from such street or alley parcel lines and such curb or barrier shall be securely installed and properly maintained.
d.
Screening. Every parking area of five or more spaces within and/or abutting any residentially zoned parcel or street parcel line shall be separated from such adjoining residential property or street parcel line by a solid wall, view-obscuring fence, or compact evergreen hedge six feet in height. Height shall be measured from the grade of the finished surface of such parking lot closest to the contiguous residentially zoned parcel. Where the elevation of the abutting parking area is below the elevation of the residential parcel along the common property line, the required wall, fence, or hedge may be reduced by one foot in height for each two feet of difference in elevation. The required screening and/or barricade shall be subject to design review approval per Chapter 10.54 SMC (Design Review Procedures). The Planning Commission may authorize further height reductions or elimination of such screening if it is determined that such screening would obstruct views or be detrimental to surrounding properties.
e.
Lighting. Lighting shall be provided as required by project conditions of approval, or as deemed appropriate by the Planning Commission. Parking lot lights shall be designed to illuminate the parking area and shall be directed away from adjacent properties and any dwelling units.
f.
Street Access. The location and design of all entrances and exits shall be subject to the approval of the City Engineer.
g.
Internal Access. Unobstructed vehicular access shall be provided to each parking space except where a parking area is under the supervision of a parking lot attendant during the hours of operation.
h.
Surface and Slope. Off-street parking areas shall be paved or otherwise surfaced and maintained to avoid scattering of gravel, rocks, dust, mud or other debris. Off-street parking areas shall also be graded and drained to dispose of all surface water. In no case shall such drainage be allowed across sidewalks. The maximum slope of parking areas shall be five percent.
i.
Restricted Commercial Parking. Parking spaces in commercial parking lots may be restricted to customer and employee use only during business hours. In parking lots serving multiple uses, parking spaces shall not be restricted to time limits, specific uses, or "employees only" use, unless such restrictions are reviewed and approved by the Zoning Administrator.
j.
Waterfront Parking. Structures and open parking areas in the marinship and central waterfront (as identified in the general plan and defined by Chapter 10.88 SMC, Definitions) shall be constructed no less than six feet above NGVD (National Geodetic Vertical Datum), consistent with FEMA regulations and Sausalito's local flood zone ordinances.
k.
Ingress/Egress. All parking spaces (including garage spaces) required for any land use other than a single-family or two-family dwelling shall be designed and located to allow vehicles to both exit and enter the site in a forward direction to and from a public or private road.
l.
Driveway Design. Driveways serving required parking shall be subject to review and approval by the City Engineer to require a negotiable break-over angle, turning radius, and slope. Driveways on nonresidential sites shall be limited to 15% slope. Residential driveways shall be limited to 20% slope. New driveways may exceed these slope limitations subject to the following conditions:
i.
The conditions of the project site provide no reasonable alternative to reduce the driveway slope.
ii.
The ingress/egress of the proposed driveway will not result in immediate or potential hazard to pedestrians and/or vehicles traveling in the public right-of-way.
iii.
In no case shall a driveway exceed 25% slope.
B.
Exceptions. The following exceptions shall apply to the required design and layout of parking spaces:
1.
Tandem Parking. Tandem parking shall require a conditional use permit as provided by Chapter 10.60 SMC (Conditional Use Permits). Tandem parking, two vehicles parked so that one is behind the other, may be permitted for two- and multiple-family dwellings where both parking spaces are intended to serve one and the same dwelling unit. Existing historical tandem parking spaces shall not be considered as providing required parking unless a conditional use permit is secured per Chapter 10.60 SMC (Conditional Use Permits). Tandem parking shall be a permitted use without the requirement for a conditional use permit for projects which propose the maximum number of units allowed for parcels in the R-2 and R-3 zoning districts. For the purposes of this section accessory dwelling units shall count toward fulfilling the density requirement.
2.
Off-Site Parking. The Planning Commission may, upon application by the owner or lessee of any property, authorize a conditional use permit for off-site parking to serve a new use and/or structure subject to the following conditions:
a.
If the required parking space(s) are located on a separate lot of record from the lot of record of the building, structure, improvement, or use requiring the parking space(s), a covenant shall be recorded in the office of the County Recorder of Marin County, State of California. Such owner or owners shall record the covenant for the benefit of the City in a form approved by the City. Covenant shall provide that such owner or owners will continue to maintain such parking space so long as the building, structure or improvement is maintained within the City. The covenant shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be provided will be subservient to the title to the premises upon which the building is to be erected. The covenant shall guarantee that the parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the City; and
b.
The required parking space(s) must be located on an adjacent parcel or site that is readily accessible to the site containing the building, structure, improvement, or use requiring the parking space(s).
(Ord. 1167 § 2, 2003; Ord. 1217 § 7, 2014; Ord. 06-2025-A, 12/2/2025)
§ 10.40.130 Residential density bonuses and incentives.
A.
Purpose. The purpose of this section is to demonstrate the standards and procedures in granting affordable housing density bonuses for housing developments, in an effort to incentivize the construction of affordable units within new developments in the City. This section is intended to implement the requirements of state law (Cal. Gov’t. Code §§ 65302, 65913, and 65915, et seq.) and the goals and policies of the City's housing element.
B.
Applicability.
1.
The residential development must include a minimum number of affordable units required by State Density Bonus Law.
2.
The applicant seeks and agrees to provide housing units to very low, low or moderate income households or senior citizens at rates consistent with State Density Bonus Law.
3.
The resulting density is beyond that permitted by the applicable zoning district.
4.
The applicant agrees to retain the affordable status of housing units for the period required by State Density Bonus Law through the recordation of a deed restriction.
C.
Application Requirements.
1.
Any applicant requesting a density bonus, incentives, and/or concessions must provide the City with a written proposal.
2.
The applicant shall demonstrate that the project meets the eligibility requirements of State Density Bonus Law as part of the application submittal in order to qualify for a density bonus. The applicant shall provide:
a.
Requested density bonus and documentation establishing eligibility for density bonuses and requested parking ratios, including:
i.
Evidence that the project meets thresholds set by State Density Bonus Law, excluding the units added by the granted density bonus;
ii.
Calculations showing the maximum base density;
iii.
Number or percentage of affordable units and the income level at which the units will be restricted to;
iv.
Number or percentage of units restricted to a specific population and the income level at which the units will be restricted to;
v.
Number of market rate units to result from the granted density bonus;
vi.
Resulting density, described in units per square foot; and
vii.
A written acknowledgment that the project will be subject to a condition of approval and deed restriction to retain affordability of the affordable unit(s) and units set aside for a specific population for at least 55 years pursuant to Cal. Gov’t. Code § 65915(c)(1).
viii.
Documentation of how for-sale units will meet the requirements of Cal. Gov’t. Code § 65915(c)(2).
b.
Documentation of Requested Incentives, Concessions, Waivers, and Parking.
i.
Documentation stating the requested incentives and concessions for the project, including documentation that the incentive or concession meets the definition set forth in Cal. Gov’t. Code § 65915(k).
ii.
A description of any requested waivers of development standards and explanation of why such waivers are necessary to avoid physically precluding the construction of the project.
iii.
If the applicant requests a parking ratio pursuant to Cal. Gov’t. Code § 65915(p), the parking ratio for which the applicant is eligible.
3.
Payment of fees set by resolution of the City Council.
D.
Density Bonus Allowance; Incentives and Concessions. Density bonuses, incentives, concessions and waivers shall be calculated and granted in accordance with Cal. Gov’t. Code § 65915 et seq.
E.
Floor Area Bonus and Concessions for Child Care Facilities. When the applicant proposes to construct a housing development that includes affordable housing units and includes a “child care facility,” as defined in Cal. Gov’t. Code § 65915(h)(4), to be located on the premises of, constructed as part of, or located adjacent to the housing development, the City shall grant an additional density bonus or incentive to the extent required.
F.
Parking Standards. For density bonus projects, upon a request by the applicant, the City shall allow the following modified parking requirements, subject to the provisions and requirements of Cal. Gov’t. Code § 65915(p):
1.
Zero- to one-bedroom units – one off-street parking space per unit.
2.
Two- to three-bedroom units – one and one-half onsite parking spaces per unit.
3.
Four and more bedrooms – two and one-half off-street parking spaces per unit.
These spaces are inclusive of accessible and guest parking spaces. All fractions of numbers shall be rounded up. An applicant may use tandem or uncovered parking spaces to meet these parking requirements. Parking standards may be further reduced in accordance with Cal. Gov’t. Code § 65915(p).
G.
Physical Constraints. Except as restricted by Cal. Gov’t. Code § 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds in writing that:
1.
The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;
2.
The waiver or reduction of the development standard would have a specific, adverse impact, as defined in Cal. Gov’t. Code § 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
3.
The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
4.
The waiver or reduction of the development standard would be contrary to state or federal law.
H.
Design and Quality. Affordable units must be constructed concurrently with market rate units and shall be dispersed within the development. The number of bedrooms of the affordable units shall be equivalent to the bedroom mix of the market rate units in the development. Affordable units shall be of equal design and quality as market rate units unless approved by the City. Exterior architectural appearance shall not differentiate between affordable and market rate units. Interior design, finishes and amenities of affordable units may differ from market rate units, but may not be of substandard or inferior quality as determined by the Community Development Director.
I.
Donation of Land. An applicant for a tentative subdivision map, parcel map, or other residential development who donates land to the City, as provided for in this section, shall be entitled to an increase above the otherwise maximum allowable residential density under the applicable zoning district and the Land Use Element of the General Plan in accordance with the provisions of State Density Bonus Law.
(Ord. 1167 § 2, 2003; Ord. 1220 § 1, 2014; Ord. 1283 § 1, 2021; Ord. 06-2025-A, 12/2/2025)
§ 10.40.140 Inclusionary housing.
A.
Purpose. Inclusionary zoning is a tool used to integrate affordable units within market rate developments. The specific purposes of establishing inclusionary housing requirements are as follows:
1.
Implement State policy that declares that local governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community, as stated in Government Code Section 65580.
2.
Implement the housing element of the general plan, which calls for the adoption of an inclusionary housing program in order to expand and protect opportunities for households of all income levels to find housing in Sausalito and afford a greater choice of rental and homeownership opportunities.
3.
Advance the City's legitimate interest in providing additional housing affordable to all income levels and dispersed throughout the City, achieving an economically balanced community, by requiring construction of moderate income housing.
B.
Definitions. The following definitions shall be used for purposes of this section:
1. "Affordable rent"
means the total housing costs, including a reasonable utility allowance, paid by an income-eligible household, which does not exceed a specified fraction of the household's gross income as specified in California Health and Safety Code Section 50053.
2. "Affordable households"a. b. c. d.
means households whose gross incomes and assets do not exceed the qualifying extremely low, very low, low and moderate income limits established in 25 California Code of Regulations (C.C.R.) Section 6932, and amended periodically based on the U.S. Department of Housing and Urban Development ("HUD") estimate of median income in the County of Marin's Primary Metropolitan Statistical Area, and as adjusted by the State Department of Housing and Community Development ("HCD") by family size.
"Extremely low income household"
means persons and families whose gross incomes do not exceed 30 percent of area median income, adjusted for household size appropriate for the unit.
"Very low income household"
means persons and families whose gross income does not exceed 50 percent of area median income, adjusted for household size appropriate for the unit.
"Low income household"
means persons and families whose gross income is greater than 50 percent up to 80 percent of area median income, adjusted for household size appropriate for the unit.
"Moderate income household"
means persons and families whose gross income is greater than 80 percent and does not exceed 120 percent of area median income, adjusted for household size appropriate for the unit.
3. "Affordable ownership cost"
for an affordable ownership unit means a sales price that results in monthly total housing costs paid by an income-eligible household which does not exceed a specified fraction of the household's gross income as specified in California Health and Safety Code Section 50052.5.
4. "Affordable housing unit(s)," "affordable unit(s)," "inclusionary housing unit(s)" or "inclusionary unit(s)"
means a dwelling unit within a residential development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to, extremely low, very low, low, or moderate income households, as stipulated in the provisions of this chapter.
5. "Applicant"
means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks City permits and approvals.
6. "Granting authority"
means the Building Official, Community Development Director, Zoning Administrator, Planning Commission, or City Council, as applicable, with the authority to approve a proposed housing development project.
7. "Household income level"
means the gross annual income of the household used to determine whether the household qualifies as an affordable household.
8. "Housing Authority"
means the Housing Authority of the County of Marin, a nonprofit public corporation, or another agency designated by the City, for administering the housing programs under this chapter.
9. "Housing costs"
means a reasonable down payment and the monthly mortgage payment, property taxes, homeownership insurance, private mortgage insurance (PMI), when required, and condominium or homeowners' association fees, where applicable, for ownership units. For a rental unit, total housing costs include the monthly rent payment and utilities.
10.
Inclusionary Housing Unit. See "Affordable housing unit(s)."
11. "Income eligibility"
describes household eligibility for an affordable housing unit.
12. "New unit"
means newly built units on vacant lots, units built on lots after the voluntary substantial demolition of existing units, or the creation of additional dwelling units on lots with existing structures or buildings. A new unit does not include the enlargement or renovation of existing units.
13. "Resale controls"
means legal restrictions by which the price of affordable housing units will be controlled to ensure that the unit remains available to affordable households over time.
C.
Applicability.
1.
This section shall apply to multifamily and mixed use rental and ownership projects of four or more new units.
2.
Exemptions. The provisions of this section shall apply to any multifamily and mixed use rental and ownership projects of four or more new units, with the exception of the following:
a.
A residential development project, including new units that have been issued a vesting tentative map or building permit prior to June 1, 2018; provided, that the applicable permits and entitlements have not expired.
D.
Projects Subject to Providing Affordable Housing Units. The primary intent of the inclusionary requirement is to achieve the construction of new affordable units, as outlined in this section and as consistent with State and Federal law.
1.
Multifamily and Mixed Use Rental and Ownership Units (Four or More New Units). Multifamily and mixed use rental and ownership projects of four or more new units shall construct affordable housing unit(s) as follows:
a.
Affordable Housing Units. At least 15 percent of the total number of dwelling units within a project that creates four or more new units shall be made available to moderate income households.
b.
Fractions. When the number of inclusionary units is calculated to a fractional number, any fraction of less than one-half shall be rounded down to the next whole number; any fraction of one-half or greater shall be rounded up to the next whole number and treated as a whole inclusionary unit. For fractional units of one-half or greater, the requirements of this section may be satisfied for ownership and rental projects through the provision of a moderate income housing unit which has fewer bedrooms than the market rate units. For fractional units of one-half or greater in a rental project, the requirements of this section may be satisfied in the form of a moderate income accessory dwelling unit.
c.
Conditions of Approval. Any discretionary approval of new dwelling units shall have conditions attached which will assure compliance with the provisions of this chapter. Such conditions shall:
i.
Specify the timing of the construction of the affordable units, the number of inclusionary units and the appropriate income and purchase price or rental restrictions, and amenities associated with each unit.
ii.
Require an affordable housing agreement providing for long-term affordability, income certification and screening of potential purchasers and/or renters of inclusionary units, resale control mechanism and ongoing management of the affordable units.
iii.
Contain a provision indicating that residents of affordable units shall have access to all common open spaces and recreational amenities available for the market rate units.
iv.
An ownership project includes any housing project where the units may be sold individually. Where an applicant elects to initially rent all of the units in a residential ownership project, the affordable housing agreement shall require affordable rents for the affordable unit(s) during the rental period and sale to affordable households at affordable ownership cost if the owner determines to sell the units at a later date.
2.
Alternative to Building Affordable Rental Units On Site. Where feasible, it is the preference of the City that the requirements of this section for rental units be met through the construction of affordable rental units within the project. Construction of affordable rental units within another site or sites within the City may be approved on a case-by-case basis through the City's discretionary process, upon a finding by the Planning Commission or City Council that the construction of the required affordable rental units is not appropriate as part of the project, that approval of land donation or off-site construction will provide an equivalent or greater number of affordable units than would otherwise be required by this chapter, and that the proposal otherwise meets the requirements of this section.
a.
Land Donation. Applicants may satisfy the requirements of this chapter by an irrevocable offer of dedication of land for construction of affordable housing within the City.
i.
Identification of the land to be dedicated shall be accomplished prior to approval of the discretionary permit for the residential development project.
ii.
In addition to any other findings required by statute, ordinance, or otherwise, any project approval for a land dedication shall include a finding that the land to be dedicated is not subject to liens, is served or proposed to be served by municipal services, including water, sewer, roads, electricity, telephone or other similar customary services, contains no unusual planning or development constraints, is appropriately zoned for the proposed density, and adequate financing has been identified to support development of the required affordable housing on the site.
iii.
Land for affordable housing projects shall be dedicated to either for-profit or nonprofit affordable housing builders approved by the City, subject to an affordable housing agreement or other legal contract approved by the City Council that shall provide for the construction of affordable units and the long-term affordability, management, and maintenance of the units. The amount of land shall be at least as much as necessary to provide one and one-half times (150 percent) the required number of affordable units as stipulated in this chapter. Rejection of an offer of dedication of land under this section shall not relieve an applicant of the obligation to comply with this chapter through another means.
b.
Off-Site Units. Applicants may satisfy the requirements of this chapter by constructing affordable units on another site within the City.
i.
New inclusionary units not built on the site of the proposed original project shall be constructed simultaneously with market rate dwellings constructed on the original site, unless alternative arrangements are approved as part of the project approval.
ii.
The City may approve off-site rental affordable units in lieu of ownership units.
iii.
Where inclusionary units are permitted off site, such units do not count as affordable units for the purpose of receiving a density bonus.
E.
Requirements for the Construction and Administration of Affordable Units.
1.
Construction of Affordable Units.
a.
Timing of Construction. All affordable units in a project and phases of a project should be constructed concurrently with or prior to the construction of noninclusionary units, unless the City finds that extenuating circumstances exist.
b.
Design and Character of Affordable Units. The affordable units shall be reasonably dispersed throughout the development, shall contain on average the same number of bedrooms as the noninclusionary units in the development, and shall be compatible with the design of the market rate units in terms of appearance, materials, and finished quality, except that, with City approval, the applicant may be allowed to modify the design and character of affordable units, if such modifications generate a greater number of affordable units than required by this chapter, or provide a greater level of affordability (such as to very low or low income households).
2.
Administration of Affordable Units. The City shall contract with the Housing Authority or other designee to manage the rental and/or sale of the affordable housing units.
a.
An affordable housing agreement shall be prepared in order to provide for the long-term affordability, administration, and appropriate management of affordable housing units.
b.
As part of the affordable housing agreement, the Housing Authority shall have the authority on behalf of the City to: require guarantees; enter into recorded agreements with property owners; and take other appropriate steps necessary to assure that the required affordable housing units are provided based on the time frames established and are occupied by a qualified affordable household.
c.
See subsection (E)(6) of this section for additional details regarding the affordable housing agreement.
3.
Targeted Affordable Households for Affordable Units. Affordable units shall be offered to the following household(s) based on the bedroom count of the affordable unit:
4.
Unit Pricing. All affordable housing units provided under this chapter shall be sold or rented at affordable rent or affordable ownership cost for applicable affordable households as stipulated in this chapter.
a.
Affordable rent and affordable ownership cost shall be verified by the Housing Authority, or City designee. The initial sales price shall be targeted to households at the low to mid-range of the moderate income limits but income eligibility shall extend to households at the high end of the range of the affordable income levels.
b.
The price received by the seller of an affordable housing unit shall be limited to the purchase price plus an increase limited to the least of the: (i) Consumer Price Index for the San FranciscoOakland-San Jose Area for All Urban Consumers; (ii) increase in the Marin County gross annual household median income, as established by the Housing Authority, since the date of purchase; or (iii) fair market value.
5.
Terms of Affordability. Prior to approval of a final map or issuance of building permits, whichever is earlier, the applicant shall execute an affordable housing agreement with the City and the Housing Authority ensuring the continued affordability of the affordable housing units.
a.
The affordable housing agreement shall be recorded on title and shall be binding on all future owners and successors in interests.
b.
Affordable rental units and affordable ownership units shall remain affordable in perpetuity or based on the maximum allowable time frames established by law at the time of project approval.
6.
Affordable Housing Agreement. Affordable housing agreements acceptable to the City Attorney and the Housing Authority shall be recorded against the residential project before approval of any final or parcel map, or issuance of any building permit, whichever occurs first.
a.
The affordable housing agreement must specify the number, type, location, size, and phasing of all affordable units, provisions for income certification and screening of potential purchasers or renters of units, maximum rents, and resale control mechanisms, as applicable, including the financing of ongoing administrative and monitoring costs, consistent with the approved affordable housing plan and any affordable housing guidelines, as determined by the City Attorney.
b.
The City Council, by resolution, may establish fees for the ongoing administration and monitoring of the affordable units, which fees may be updated periodically, as required.
c.
The City Council, by resolution, may adopt affordable housing guidelines to implement this section.
F.
Enforcement.
1.
The City Attorney is authorized to enforce the provisions of this section and all affordable housing agreements, regulatory agreements, and all other covenants or restrictions placed on affordable units, by civil action and any other proceeding or method permitted by law.
2.
Failure of any official or agency to fulfill the requirements of this section shall not excuse any developer or owner from the requirements of this section. No permit, license, map, or other approval or entitlement for a residential project shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this section have been satisfied.
3.
The remedies provided for in this section shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.
G.
Administrative Relief.
1.
As part of an application for the first approval of a residential project, a developer may request that the requirements of this section be waived or modified by the granting authority, based upon a showing that applying the requirements of this section would result in an unconstitutional taking of property or would result in any other unconstitutional result.
2.
A request for a waiver or modification shall set forth in detail the factual and legal basis for the claim.
3.
A request for a waiver or modification shall be reviewed and considered at the same time as the project application or any affordable housing plan.
4.
The waiver or modification may be approved only to the extent necessary to avoid an unconstitutional result, based upon legal advice provided by or at the behest of the City Attorney, after adoption of written findings, based on legal analysis and substantial evidence. If a waiver or modification is granted, any change in the project shall invalidate the waiver or modification, and a new application shall be required for a waiver or modification under this section.
(Ord. 1269 § 1, 2019)
§ 10.42.010 Purpose.
In addition to the general purposes of this title, the purposes of this chapter establishing sign regulations are as follows:
A.
To promote the attractive appearance of the City by regulating the design, character, location, number, type, quality of materials, scale, color, illumination, and maintenance of signs and awnings;
B.
To encourage signs and awnings which are compatible with and complementary to the architectural design of the buildings where they are located;
C.
To promote commerce and create a more attractive economic and business climate;
D.
To promote the use of signs and awnings that identify land uses and sites without creating distractions or confusion that may cause traffic or safety hazards;
E.
To protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards;
F.
To allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages;
G.
To allow the expression of political, religious and other noncommercial speech and allow for an increase in the quantity of such speech in the period preceding elections;
H.
To respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, and welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics;
I.
To minimize the potential adverse effects of signs on nearby public and private property and to protect property investments;
J.
To serve the City's interests in maintaining and enhancing its visual appeal for residents, tourists and other visitors, by preventing the degradation of visual quality which can result from excess signage;
K.
To establish sign and awning regulations which are equitable to all businesses; and
L.
To implement applicable provisions of the Sausalito General Plan.
(Ord. 1167 § 2, 2003)
§ 10.42.020 Applicability.
This chapter applies to all signs constructed or altered after the effective date of the ordinance codified in this title, except as otherwise provided by this chapter. All applicable provisions of the California Outdoor Advertising Act (Business and Professions Code Sections 5200 et seq.) shall also apply. This chapter shall be known and may be cited as the Sausalito Sign Ordinance.
No sign shall be placed within the incorporated areas of the City of Sausalito except in compliance with the provisions of this Sign Ordinance. No sign or awning shall be placed within a public right-of-way or easement without written permission from the Sausalito Community Development Department.
(Ord. 1167 § 2, 2003)
§ 10.42.030 Sign definitions.
means a framed, decorative roof-like cover attached to a building facade for the purpose of protecting doorways and windows from rain and sunlight exposure.
means a sign integrally attached or imprinted on the face of an awning.
means any sign with wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity or which proposes a commercial transaction or relates primarily to commercial events.
means a sign not attached to any buildings and having its own support structure, including pole-mounted and monument signs.
means any sign erected without first complying with all ordinances and regulations in effect at the time of its installation.
means a sign intended to serve a restaurant use and designed for the purpose of identifying specific meal items, prices, and specials.
means a self-supported sign with its base on the ground.
means a sign which is intended to convey a noncommercial message including, but not limited to, commentary on social, political, educational, religious, scientific, artistic, philosophical or charitable subjects. For purposes of this chapter, all noncommercial signs shall be deemed to be on-site, regardless of location.
means a sign that was legally established and conforming with the sign regulations applicable at the time that does not satisfy the current sign regulations of this chapter.
means a sign directing attention to a business, service, product, or entertainment not sold or offered on the site where the sign is located, including billboards and other outdoor advertising signs.
means a small version of a wall sign, generally adjacent to entryways and designed for close-range pedestrian viewing.
means a sign extending from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall.
means any sign located on or above the roof elements of a building.
means any visual device or representation designed or used for communicating a message, or identifying or attracting attention to a premises, product, service, person, organization, business or event. For the purposes of this chapter, signs shall include any combination of signs, awning signs, flags, decorations, banners, statuettes, exceptional exterior paint patterns and/or lighting systems intended to create a cohesive scheme or theme by which to identify or attract attention to a premises, product, service, person, organization, business or event. Notwithstanding the foregoing, for purposes of this chapter "sign" shall not include the following:
Any public or legal notice required by a court or public agency;
Items of personal apparel or decoration but not including handheld signs;
Marks on tangible goods, which identify the maker, seller, provider or product, as such are customarily used in the normal course of the business or profession;
Devices which are located entirely within an enclosed structure and are not visible from the exterior thereof;
Interior signs located within 15 feet of business frontage and visible by the public that contain lettering of one inch or less; and
Interior signs visible by the public and located more than 15 feet from the business frontage that contain lettering of three inches or less.
means the information content of a sign, including text, illustrations, logos and trademarks.
means the visible portions of a sign including all characters and symbols, but excluding structural elements not an integral part of the display.
means the vertical distance from average adjacent ground level to the top of the sign including the support structure and any design elements.
means an architecturally continuous wall surface uninterrupted by doors, windows, columns or architectural details such as moldings.
means a sign composed of a statue, art form, or unique figure, typically constructed in three-dimensional design and representing the specific product or service rendered.
means a sign attached to and located below any permanent eave, roof, canopy, or bracket.
means a sign generally constructed of paper, cardboard, cloth, canvas, plastic, synthetic, fabric or other similar lightweight materials used to provide information on events or conditions of a short and limited time duration.
means a single-faced sign painted on or attached to a building or wall, no part of which extends out from or above a wall more than 12 inches.
means a sign displayed within a building or attached to a window but visible through a window or similar opening for the primary purpose of exterior visibility.
(Ord. 1167 § 2, 2003)
§ 10.42.040 Signs allowed without permits.
The following signs are allowed without a sign permit, as long as they comply with the provisions of this section and have a building or electrical permit if required by SMC Title 8 (Buildings and Construction). Any signs not listed in this section are either prohibited (SMC § 10.42.050, Prohibited signs) or require a sign permit (SMC § 10.42.080, Administrative sign permits, or 10.42.090, Sign permits (Planning Commission review)).
A.
Temporary Signs. The following temporary signs are permitted subject to specific use and performance requirements:
1.
Commercial Signs on Commercially Zoned Private Property. Temporary commercial signs shall be permitted only on commercially zoned property and only if they are non-illuminated wall or window signs. The temporary commercial signs shall not exceed a total of 16 square feet in size per commercially zoned property nor obscure more than 15 percent of an individual window, whichever is less. Such signs shall be composed of a lightweight flexible material such as paper, cardboard, cloth, canvas, plastic, synthetic or fabric. Rigid materials such as wood are not permitted. In addition to any allowable commercial signs, noncommercial signs shall be permitted on commercially zoned property to the same extent as such noncommercial signs are permitted under this chapter on residentially zoned property. Time limitations for display within one calendar year are as follows:
a.
Grand Openings. Grand opening signs are permitted only once for the lifetime of a business and shall be displayed for no more than 30 days prior to commencement of the business operation and must be removed no more than 30 days thereafter.
b.
Sales and Promotions. Signs for sales, promotions, or new ownership or management shall be displayed for an aggregate period of no more than 30 days.
c.
Going Out of Business. Going out of business signs shall be displayed for a period of no more than 30 days immediately prior to the conclusion of business operations.
d.
Temporary Business Identification Signs. Temporary signs identifying a business shall be allowed provided a sign permit application is submitted within 30 days of its erection. Such signs shall be removed within 45 days of Planning Commission approval of a sign permit. Temporary business identification signs may exceed the 12-square-foot size limitation set forth in this subsection (A)(1) only in the event that such temporary business identification signs are equal in size to the sign identifying the business which previously occupied the property; and provided, that the sign identifying the prior business was erected in compliance with the provisions of this chapter.
2.
Holiday Decorations. Holiday decorations containing no advertising copy are allowed without height limits; provided, that decorations for a single holiday or season are not in place for more than 45 days.
3.
Real Estate Signs. In accordance with the provisions of California Civil Code Section 713, the real estate signs referred to in this subsection (A)(3) may only be placed on the real property offered for sale or on real property owned by others with their consent; provided, that such signs do not adversely affect public safety, including traffic safety. Such signs may not be located on any public property, including without limitation within the right-of-way.
a.
For Sale, Rent, or Lease Signs. Temporary signs indicating only that property is for sale, rent or lease. Only one sign is permitted to face each street adjacent to the property on which it is located. Such signs may be a maximum of four square feet or less on property in residential land use districts and 16 square feet or less in nonresidential land use districts.
b.
Open House. Temporary signs or portable sandwich board signs, attracting attention to an open house, with signing having a maximum aggregate area of four square feet, may be put in place only on days on which the open house is being conducted.
4.
Temporary Noncommercial Signs in Residential Zones During Campaign Periods. During campaign periods, freestanding political campaign signs and other noncommercial signs with an aggregate size of no greater than 16 square feet may be displayed on any private property which is residentially zoned and the yard which extends to the developed portion of the right-of-way. Such temporary noncommercial signs must be removed within 10 days following the election.
5.
Construction Signs. Not more than one such sign shall be allowed per project and shall be located upon the property. Any such sign shall not exceed 16 square feet in sign area and six feet in height. The sign shall identify the parties involved in construction on the premises and future sales or activity for which the construction is intended. Such signing shall not include the advertisement of any products. Removal is required prior to final building inspection by the Building Official.
6.
Signs on Public Property. Temporary banners, standards, portable signs for holiday decorations or advertising community events sponsored by the City, nonprofit community or business associations, or other nonprofit organizations may be installed on public property or within rights-of-way subject to the authorization of the City Manager, or her/his designee. Procedures and standards for installation, location, time limits, fees, indemnification, and removal shall be developed and approved by the City Council. Signs allowed without permit and placed in the right-of-way or any other public property are subject to issuance of an encroachment permit by the City Engineer and Community Development Director.
B.
Permanent Signs. The following permanent signs are permitted:
1.
Building Directory Signs. Wall-mounted building directory signs for pedestrian use, listing building tenants or occupants; provided, that such directories do not exceed eight square feet on any single building wall, nor a height of seven feet.
2.
Hazard Signs. Public utility company and other signs indicating danger, the location of underground utilities, or of construction, excavation, or similar hazards so long as the hazard exists.
3.
Interior Signs. Signs not visible from public streets or adjacent properties, such as signs in interior areas of shopping centers, commercial buildings and structures, and similar uses.
4.
Miscellaneous Information Signs. Miscellaneous permanent information signs containing no advertising copy, in commercial, waterfront, and industrial zones, with an aggregate area not to exceed four square feet at each public entrance nor eight square feet total. Examples of such signs include, but are not limited to: Hours and days of operation, whether a business is open or closed, designating "Manager" or "Office," credit card information, parking directions, "lot full," vacancy, and/or emergency address and telephone numbers.
5.
Valet Parking (Freestanding or Attached). Valet parking signs, no more than two square feet and three feet high, to serve restaurants and hotel uses.
6.
Menu Boards (Freestanding or Attached). Menu signs, no more than four square feet and three feet high.
7.
Noncommercial Flags. Noncommercial flags that do not when combined with the size of other signage permitted on the property exceed 16 square feet in area. (Other flags, pennants, and banners are subject to Planning Commission review, except that flags with or for commercial advertising are prohibited.) Flagpoles are subject to the height limits established for the applicable zoning district by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations).
8.
Official Signs. Historical markers, and official traffic, directional guide and other informational signs; in addition, official and legal notices issued by any court, person or officer in performance of a public duty.
9.
On-Site Fuel Signs. On-site fuel price signs maintained at a service station in accordance with State law.
10.
Prohibition Signs. "No Trespassing," "No Parking," and similar warning signs which do not exceed two square feet.
11.
Residential Identification Signs. Individual residence identification signs which state the names of the residents of the home, limited to a total aggregate area of two square feet.
12.
Street Addresses. Street address numbers mounted or painted on building walls or doorways which do not exceed two square feet in residentially zoned areas and four square feet in commercially zoned areas.
13.
Safety and Directional Signing. Parking lot and other private traffic directional signs, including disabled access and parking signs, each not larger than five square feet. Such signs shall be limited to guidance of pedestrian or vehicular traffic on the premises, and shall not display any logo or name of a product, establishment, service, or any other advertising.
14.
Noncommercial Signs on Residentially Zoned Property. Noncommercial signs on residentially zoned property shall be permitted only if they are non-illuminated signs. The noncommercial signage shall not exceed a total of 16 square feet per residentially zoned property.
(Ord. 1167 § 2, 2003)
§ 10.42.050 Prohibited signs.
The following signs and sign materials are prohibited, as well as any other signs or sign materials that are not consistent with the provisions of this title:
A.
Animated Signs. Signs with any moving, rotating, flashing, or otherwise animated light or component, except for time and temperature displays and traditional barber poles which have received Planning Commission approval.
B.
Billboard Signs. Signs that are located off-site, usually on a highway, major thoroughfare or street, advertising a company, product and/or business.
C.
Flags, Pennants and Banners with Commercial Advertising. Signage that includes cloth, plastic and other materials and hanging from or independent of a building, used for the purposes of attracting attention. Such signs are prohibited whether or not they contain sign copy.
D.
Hazardous Signs. Any sign that creates a traffic safety hazard by interfering with a driver's view of pedestrian and/or vehicular traffic, projecting over a public or private vehicular roadway, conflicting with traffic regulations, signs, or signals.
E.
Inflated Signs. Any balloon style sign, figure, or object, filled with air or gas, which is used to call attention to a property or use.
F.
Obsolete Signs. Any sign or sign structure identifying a use or activity that has not occupied the site for more than 90 days.
G.
Portable Signs. Excepting freestanding valet and menu board signs as permitted under SMC § 10.42.040(B) (Permanent Signs).
H.
Price Signs. Any price signs, except gasoline price signs approved by the Planning Commission which conform to the provisions of Division 8, Chapter 7 of the California Business and Professions Code.
I.
Signs in Residential Areas. Signs in any residential zoning district, except for nameplates, real estate, or noncommercial signs.
J.
Simulated Traffic Signs. Any sign that simulates or imitates in color or design any traffic sign or signal, or uses words, symbols or characters that may interfere with, mislead or confuse pedestrian or vehicular traffic.
K.
Automobile "For Sale" Signs for a Business. Signs on or in automobiles indicating "for sale" located on public property when conducted as part of a business.
L.
Floating Signs. Signs on moorings or floats, berthed or moored on private or public property for the purpose of advertising a product, service, person, organization, business or event, unless the sign is permanently affixed and solely identifies a marine-based business that the mooring or float serves.
M.
Bench Signs. A sign located on a bench or similar structure on or near a public way.
N.
Pavement Signs. A sign painted on a sidewalk, curb, or roadway, except for traffic control, safety or striping.
O.
Other Temporary Signs. Temporary signs that are not otherwise allowed by SMC § 10.42.040(A) (Temporary Signs).
(Ord. 1167 § 2, 2003)
§ 10.42.060 Sign and awning standards.
The following standards shall generally apply to all permitted signs subject to Planning Commission or administrative review and approval:
A.
Measurement and Determination of Sign Area. For the purpose of determining the size and amount of sign face to be approved, the following methods of measurement and determination of sign area shall apply:
1.
Measurement. The area of a sign shall be measured as the area in square feet of the smallest rectangle within which a single sign can be enclosed, or the combination of flush, attached rectangles where the sign copy consists of various lines or uneven elements.
2.
Sign Faces Counted. Where a sign has two faces containing sign copy, which are oriented back-to-back and separated by not more than six inches at any point, the area of the sign shall be measured using one sign face only.
3.
Wall-Mounted Letters. Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest single rectangle within which all letters and words can be enclosed. If the sign has borders, a decorative enclosure or is a combination of words and a logo, the area of the sign shall be measured as the area in square feet of the combination of flush, attached rectangles within which the letters, words and/or logo(s) can be contained.
4.
Three-Dimensional Signs. Where a sign consists of one or more three-dimensional objects such as balls, cubes, clusters of objects or sculptural or statue-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen.
B.
Clearances for Signs and Awnings. Signs and awnings may be permitted; provided, that the sign or awning meets the following requirements:
1.
The bottom of the awning shall be a minimum of eight feet above the ground surface when projecting over a private or public walkway.
2.
Awnings shall project no more than five feet into a public right-of-way and shall project no closer than two feet from the face of the curb line.
3.
Projecting signs may be permitted; provided, that such signs do not project more than 36 inches beyond the building face, including projections over the public right-of-way, and are less than six square feet in size on each side. Projecting signs which are located above the public right-of-way must maintain an eight-foot clearance between the right-of-way and the sign.
C.
Awning Signs. Awning signs are subject to the limitations contained in this section, with the exception that lettering on all faces or sides of the awning shall be considered as one sign.
D.
Ground Signs. Ground, or monument, signs may be permitted; provided, that such signs are limited to one per building and are not more than 10 feet in height measured from the ground at the base of the sign.
E.
Roof Signs. Roof signs and/or wall signs that project above an eave or parapet shall only be permitted when it is determined that the proposed sign is an architectural part of the building and does not interrupt the architectural details of the building.
F.
Signs on Public Property. Signs may only be placed on or over the public right-of-way within a public road right-of-way, or any other public property, with concurrent review and approval of an encroachment permit by the pertinent reviewing body.
G.
Illumination of Signs. Signs shall be illuminated only by continuous and stationary light sources, except as allowed for time and temperature signs. Illuminated signs shall be permitted; provided, that such signs comply with the following standards:
1.
Internal Illumination. Internal light sources shall be installed so that they are visible only through translucent panels or letters. This requirement also applies to signs illuminated with neon tubing unless such signs are displayed from inside the building and behind window glazing.
2.
External Illumination. The area illuminated shall be the minimum amount necessary to light only the sign. If the light sources are external to the sign or are otherwise physically detached from the sign, they shall be directed at the sign so that only the sign face is illuminated and they do not cast light onto other properties or the public right-of-way.
3.
Illumination Control. At the discretion of the Community Development Director or Planning Commission, a lighting study may be required to determine the impact of sign lighting proposals on adjacent properties and the general public. Lighting systems for signs, awnings, and sign programs may also be required to include a dimming switch, timer or other device to allow a reduction of the intensity of lighting after installation if it adversely impacts residents or adjacent properties or is not in keeping with the ambient level of illumination on surrounding properties.
H.
Institutional Signs. Institutional uses such as schools, religious institutions, community centers or other public and quasi-public uses are allowed a maximum of two signs not more than 24 square feet in aggregate area. One such sign may be freestanding, with a maximum height of 10 feet.
I.
Off-Premises Signs. Off-premises signs that direct attention to a business, service, product, or entertainment not sold or offered on the premises on which the sign is located shall not be permitted except for (1) public service signs, (2) signs necessary to direct attention to an establishment on a parcel that does not front a street, and (3) temporary event signs.
J.
Permanent Window Signs. Permanent window display signs may be permitted; provided, that they do not obscure more than 25 percent of the area of the window to which they are affixed.
K.
Ground Level Business. The maximum sign area allowed for a ground level business or office, or portion thereof, shall be 0.5 square feet of signage per lineal foot the business, office, or portion thereof fronts on an outdoor public area, to a maximum of 50 square feet unless otherwise authorized by an approved signage program or conditions which apply specifically to that development.
L.
Upper Level Business. The maximum sign area allowed for an upper level business or office, or portion thereof, shall be no greater than six square feet unless otherwise authorized by a sign program or conditions which apply specifically to that development. Only one sign may be displayed for a business or office located entirely on an upper level and shall be located at the exterior entrance of the building unless its size or location is otherwise established as a part of a sign program approved by the Planning Commission, Historic Preservation Commission, or City Council.
M.
Businesses That Occupy More Than One Level. The maximum sign area allowed for any individual business or office which occupies more than one level in the same building, including any part of the ground level, shall be determined by combining subsections K (Ground Level Business) and L (Upper Level Business) of this section; however, the total size shall not exceed 50 square feet unless otherwise permitted by the Planning Commission.
N.
Total Sign Area. Each face of a permanent sign shall be deducted from the total sign area permitted for that business or office. However, the face of each temporary sign is not calculated as part of the total sign area permitted.
O.
Construction and Maintenance. Each sign and all its components shall be manufactured, assembled and erected in compliance with all applicable State, Federal, and City regulations, and the Uniform Building Code. Each sign including those exempted from this ordinance by SMC § 10.42.040 (Signs allowed without permits) shall be maintained in a safe, clean and legible condition at all times.
P.
Changes to Approved Signs. A sign that has been approved pursuant to this section shall not be changed or replaced, nor shall any design elements of any building or lot where a sign is located be changed or replaced if any such design element was a basis for the approval of a sign, without a new sign permit first being obtained. Any change in the sign face copy to modify the business name or other information on the sign does not require the issuance of a new sign permit so long as the change is consistent with the Sausalito Design Guidelines and/or with any applicable provisions of the general plan, as determined by the Community Development Director.
Q.
Discontinuation of Use. Any sign that was legally erected but is no longer used as a sign or the structure upon which the sign is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of more than 90 days shall be removed.
R.
Sign Completion. The construction of an approved sign shall be completed within one year of permit issuance, or within such other time period specified by the appropriate reviewing body upon permit approval. If not completed within one year from the date of permit issuance, or other time period specified in the permit, the permit shall expire. No sign construction shall occur after the expiration of a sign permit until and unless a new permit is applied for and approved.
S.
Exceptions. Exceptions to these standards, or interpretations thereof, may be granted by specific approval by the Planning Commission. The Planning Commission shall grant exceptions from these standards only if the following findings apply:
(Ord. 1167 § 2, 2003)
§ 10.42.070 Sign standards for designated historic structures and properties within a historic overlay district.
A.
Purpose. In addition to the general purposes of this chapter identified in SMC § 10.42.010 (Purpose), the purposes of this section establishing regulations for signs on properties and sites that are designated on the local/State/National Historic Register or are located within a historic overlay district, and subject to the provisions of Chapter 10.46 SMC (Historic Preservation), are as follows:
1.
To establish reasonable standards for business identification on properties and sites that are designated on the local/State/National Historic Register or are located within a historic overlay district;
2.
To reinforce the historic qualities of buildings and districts of architectural and cultural significance, including but not limited to downtown Sausalito;
3.
To assist property and business owners in understanding community signage expectations;
4.
To encourage creativity within a controlled framework;
5.
To promote economic vitality;
6.
To ensure that the design of new signage is appropriate to properties and sites that are designated on the local/State/National Historic Register or are located within a historic overlay district; and
7.
To provide a regulatory framework for historic overlay district sign design guidelines.
B.
Applicability. This section applies to all buildings, sites and businesses located within a historic overlay district or designated on the local/State/National Historic Register and subject to the provisions of Chapter 10.46 SMC (Historic Preservation). In addition, all signs in the applicable areas are subject to the other applicable sections of this chapter (Sign and Awning Regulations), the Sausalito Historic District Sign Design Guidelines, and any other design guidelines and policies adopted by the Historic Preservation Commission.
C.
Certificate of Appropriateness Required. Any work involving a sign under this section, unless otherwise stated, shall obtain a certificate of appropriateness by the Historic Preservation Commission as provided in SMC § 10.46.060 (Property and review requirement), prior to the issuance of any building permits or approval of other planning entitlements.
D.
Historic District Guidelines. Any sign, awning, or signage program located within a historic overlay district or designated on the local/State/National Historic Register shall comply with the Historic Design Guidelines adopted by the City Council, and the design and performance standards identified in SMC § 10.42.060 (Sign and awning standards). Where there are differences between SMC § 10.42.060 (Sign and awning standards), this section, and the Historic Design Guidelines, the most restrictive regulation shall apply.
E.
Sign Types Permitted. The following sign types are permitted on properties and sites that are designated on the local/State/National Historic Register structure or within a historic overlay district:
F.
Sign Types Strongly Discouraged. Signs are strongly discouraged which are considered incompatible with a historic overlay district, which adversely affect the health, safety and/or general welfare of the community, or which might create confusion to the public or to public safety officials responding to community emergencies. In addition, the following sign types are strongly discouraged in a historic overlay district and on structures listed on the local/State/National Historic Register:
2.
Neon signs;
3.
Roof signs;
4.
Interior illuminated signs;
5.
Freestanding signs;
6.
Electronic and readerboard signs;
7.
A-frame signs;
8.
Changeable letter signs;
9.
Flashing, illuminated, phosphorescent signs;
10.
Signs incorporating lights or movement as viewed from the public right-of-way or from any area open to the public;
11.
Off-premises signs;
12.
Floating signs; and
13.
Signs containing glossy finish.
G.
Exempt Signs. The following signs will be allowed in a historic overlay district without a sign permit and shall not be included in the calculation of maximum sign area:
1.
Interior signs not visible from any public right-of-way or from any area open to the public;
2.
Interior signs located within 15 feet of business frontage and visible by the public that contain lettering of one inch or less;
3.
Interior signs visible by the public and located more than 15 feet from the business frontage that contain lettering three inches or less;
4.
Public information signs required by City, State or Federal laws;
5.
Nameplate signs on doors not exceeding two inches by 24 inches and administratively approved by the Community Development Director; and
6.
One alarm sign not exceeding an aggregate of one square foot, indicating presence of alarm device and identifying representative to be contacted in case of alarm activation.
H.
General Regulations. The following standards shall apply to all sign types subject to the provisions of this section:
1.
Total number of signs shall be at the discretion of the Planning Commission following review for a certificate of appropriateness by the Historic Preservation Commission.
2.
Commercial signage should be limited to one-half square foot of signage per lineal foot of street frontage. Exceptions may be granted for narrow buildings. Store information under one inch in height (e.g., hours of operation) shall not be included in size calculations.
3.
Materials should be appropriate to historic nature of district and/or structure listed on the local register and may include carved wood signs and individual cast or cut metal letters.
4.
All signs should be of high quality workmanship, with clean and finished edges and materials.
5.
Colors should be appropriate to the historic overlay district or designated local/State/National Historic Register structure and relative to the location, size and context of the structure, business or site.
6.
Lighting should be unobtrusive.
7.
Upper floor signage should be limited to six square feet. Upper floor signage may include projecting signs at ground floor level entries, projecting signs at upper floor window level, or lettering applied directly to upper floor windows. Upper floor signage should be generally smaller than signage for ground floor tenants.
8.
The use of historical sign precedents that are generally within the parameters of these guidelines shall be encouraged where appropriate to the building and location.
9.
Any sign shall be installed in a manner to minimize damage or degradation to historical buildings, consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
I.
Wall Signs. Wall signs, defined in SMC § 10.42.030 (Sign definitions), are subject to the following guidelines:
1.
Signs should identify building or major tenant's name only.
2.
Wall signs should not be painted directly to wall surfaces unless the Historic Preservation Commission finds they are of historic significance.
3.
Signs should consist of individual solid metal, wood, stone or glass letters, or flush-mounted carved, routed or sandblasted wood plaques.
4.
Signable area (defined by SMC § 10.42.030, Sign definitions) should not exceed 15 percent of the business facade.
5.
Wall signs should be limited in size, as follows:
a.
Individual letter size: 12 inches. If all capital letters used: eight inches.
b.
Total signage area: 40 percent of signable area.
c.
Length of signage: 75 percent of signable area width. For single tenant in multitenant building: two-thirds of individual tenant storefront.
d.
Projection: Four inches maximum from face of wall surface.
J.
Projecting Signs. Projecting signs are encouraged in a historic overlay district and should be oriented to pedestrians on the sidewalk in front of the building. Projecting signs are also subject to the following guidelines:
1.
Maximum projection from building face: 36 inches.
2.
Minimum clearance between building face and sign: six inches.
3.
Maximum area: six square feet. Irregular-shaped signs should fit within an imaginary rectangle not exceeding nine square feet.
4.
Mounting brackets shall be reviewed for design, decorative nature, uniqueness and shadowing effects on business wall surfaces.
5.
Shape and design of sign shall be reviewed and may include logos, irregular outlines, and two- or three-dimensional icon signs.
K.
Awning Signs. Awning signs shall be reviewed for conformance to the following guidelines:
1.
Size of awning signs should be limited, as follows:
a.
Letter height: eight inches.
b.
Logo height (on sloping awning face): 12 inches.
c.
Logos and other design elements on sloped awning face: 10 percent of awning face.
d.
Letters, logos and other design elements may be allowed on the sides (closed ends of awnings) provided they are smaller than those on the front and do not exceed 40 percent of the awning end panel area.
2.
Upper-level awning signs may be allowed at the discretion of the Planning Commission following review for a certificate of appropriateness by the Historic Preservation Commission and should be limited to the business name or type.
L.
Window Signs. Window signs shall meet the following guidelines, unless otherwise approved by the Planning Commission following review for a certificate of appropriateness by the Historic Preservation Commission:
1.
Copy should be limited to business name, address, hours of operation, emergency telephone numbers and business tenant logos.
2.
Area should not exceed 25 percent of any single window area or 10 percent of aggregate ground floor window area, whichever is less.
3.
Copy should be limited to eight inches in height.
4.
Store information copy under one inch in height and credit card logos under two inches in height are included in window coverage, but not maximum sign area allowed.
5.
Signs taped to windows or suspended independent of the glass are not allowed.
M.
Hanging Signs. Hanging signs are similar to projecting signs except they are below awnings, balconies or beams and are generally smaller in size. Hanging signs are subject to the following guidelines:
N.
Plaque Signs. Plaque signs are smaller wall signs attached to surfaces adjacent to shop front entries and generally limited to the business name or logo and designed for viewing by pedestrians at close range. Plaque signs are subject to the following guidelines:
1.
Placed near tenant entries.
2.
Size limited to fit within an imaginary rectangle of three square feet.
3.
Limit projection to a maximum of three inches.
4.
Historical designation plaques are encouraged. Historical designation plaques are subject to review and approval by the Planning Commission following review for a certificate of appropriateness by the Historic Preservation Commission but shall not be counted in calculation of maximum sign area.
O.
Directory Signs. Tenant directory signs may be allowed for buildings with multiple tenants without direct public street frontage, including buildings with upper floors and buildings with businesses in a courtyard. Directory signs are subject to the following guidelines:
P.
Address Signs. Address signs shall be prominently displayed from the street and limited to the street address number. Address signs are also subject to the following guidelines:
1.
Placement limited to doors, transoms, or wall surfaces adjacent to entries.
2.
Script letter strongly discouraged, except where appropriate based on demonstrated historic precedence.
3.
Individual numbers on glass surfaces on or above doorways encouraged.
4.
Numbers on glass in another color field discouraged.
Q.
Menu Signs. Menu signs are encouraged for all restaurants with sit-down dining but are not included in calculation of maximum sign area. The following guidelines shall apply:
R.
Temporary Signs. Temporary signs, as defined in SMC § 10.42.030 (Sign definitions), must be approved by the Community Development Director and are subject to the following guidelines:
1.
A certificate of appropriateness may be required at the discretion of the Community Development Director. The Historic Preservation Commission may provide recommendations on the location, supporting brackets and general banner design of signs for changing events. The Community Development Director may approve subsequent or periodic changes.
2.
Temporary signs announcing retail sales will be reviewed for compatibility with the historic overlay district and are subject to the following:
3.
Temporary real estate sale or lease information and construction, alteration and repair signs shall be reviewed for compatibility with the designated local/State/National Historic Register structure and/or historic overlay district and are subject to the following:
4.
The number and duration of temporary signs shall be at the discretion of the Community Development Director, subject to the following:
S.
Special Signs. Creative signs that do not fit within another identified category may be allowed, subject to the following guidelines:
1.
Moveable signs require Planning Commission approval following review for a certificate of appropriateness by the Historic Preservation Commission prior to initial use.
2.
Review by the Planning Commission following review for a certificate of appropriateness by the Historic Preservation Commission. The Historic Preservation Commission shall consider appropriateness to and compatibility with the designated local/State/National Register structure and/or historic overlay district.
3.
Special signs shall only be approved if the Planning Commission, following review for a certificate of appropriateness by the Historic Preservation Commission, can make one or more of the following findings:
4.
Special signs shall be creative and unique to the business, location, building architecture or neighborhood character.
(Ord. 1167 § 2, 2003; Ord. 1261 § 17, 2018)
§ 10.42.080 Administrative sign permits.
A.
Applicability. Certain sign applications are subject to the applicable sign standards and may be administratively reviewed and approved by the Community Development Director or their designee. Administrative approval of signs on properties located within a historic overlay district or on the local/State/National Historic Register are subject to the provisions of SMC § 10.46.060 (Property and review requirements). The following sign applications are eligible for administrative approval:
1.
Text replacement of existing approved signs where a business has changed ownership or use; provided, that the size, color, and location of the sign do not change.
2.
In the CN, CR, CC, and CW districts, signs which do not exceed six square feet in area in the aggregate of permanent signs for a business and have no internal illumination.
3.
In the SC, W, and I districts, signs which do not exceed 20 square feet in area in the aggregate of permanent signs for a business and have no internal illumination.
B.
Procedure and Required Information. An application for an administrative sign permit shall be filed in accordance with SMC § 10.42.090(C) (Submittal Requirements).
C.
Findings and Determination. The Community Development Director, or her/his designee, shall determine whether the proposed sign is consistent with the standards (SMC § 10.42.060, Sign and awning standards) and findings of approval (SMC § 10.42.090(D)). A written determination shall be provided within 10 days after the initial submittal.
E.
Appeal. Administrative sign permit decisions may be appealed to the Planning Commission within 10 days of the decision date. Appeals must be submitted in writing and shall be processed in accordance with Chapter 10.84 SMC (Appeals).
F.
Effective Date. Community Development Director, or her/his designee, decisions of approval or denial of administrative sign permit applications shall become final 10 days after date of decision, unless an appeal has been filed.
G.
Referral. Upon the discretion of the Community Development Director, signs may be referred to the Planning Commission and, where appropriate, the Historic Preservation Commission. All other signs requiring a permit shall be reviewed by the Planning Commission and, when required, the Historic Preservation Commission under review for a certificate of appropriateness.
(Ord. 1167 § 2, 2003; Ord. 1261 § 18, 2018)
§ 10.42.090 Sign permits (Planning Commission review).
A building permit shall also be obtained for any sign if required by SMC Title 8 (Buildings and Construction).
B.
Public Notice. Sign permit applications that are processed concurrently with another development application requiring Planning Commission public hearing, review and approval shall be noticed consistent with Chapter 10.82 SMC (Public Notice and Hearings). Applicant shall post notice of application on subject property for all other sign permit applications. Notice shall indicate date application was made, describe the application (including the proposed sign) and be posted at eye level at the subject property.
C.
Submittal Requirements. Applications shall include all information required under SMC § 10.50.030 (Application procedure). In addition, applications for Planning Commission sign permits and administrative sign permits shall be accompanied by information specified by administrative guidelines. The administrative guidelines shall be a detailed list of submittal requirements to include, but not be limited to, the following:
D.
Findings of Approval. Sign permit applications may be approved if the following findings can be made:
1.
The proposed sign complies with all applicable provisions of this title.
2.
The proposed sign is consistent with the applicable sign standards.
3.
The proposed sign will not adversely impact the public health, safety, or general welfare.
4.
The proposed color, design, material, and location of the proposed sign are compatible with the architectural design of the building.
5.
If the property is located within or near a residential area, the sign is harmonious with the character of the residential neighborhood.
6.
The proposed sign is restrained in character and is no larger than necessary for adequate identification.
7.
The proposed sign is consistent with the highest graphic standards and composed of durable and appropriate materials.
8.
If the proposed sign is for an establishment within a commercial or industrial center, the sign is harmonious with the entire center's signage and has been subject to the commercial or industrial center's design review.
9.
If the proposed sign is oriented toward a residential zoning district and is within 50 feet of the district, the signage is necessary for minimum business identification and will not have an adverse aesthetic effect on the residential character of the adjacent residential neighborhood.
10.
Proposed sign serves to primarily identify the business or type of activity being conducted on the same premises, or the product, service or interest being offered for sale or lease on site.
F.
Resolution and Notice of Decision. The Planning Commission decision shall be in the form of a written resolution and shall include all findings and conditions of approval.
G.
Appeal. All decisions of the Planning Commission, with respect to sign permits, may be appealed to the City Council within 10 days of the Planning Commission decision. Appeals shall be filed and processed in accordance with Chapter 10.84 SMC (Appeals).
H.
Effective Date. Sign permits shall become effective at the end of the appeal period, provided no appeal has been submitted.
I.
Expiration of Permit. Sign permits shall expire one year following the effective date of the permit, provided no extension has been filed prior to the expiration date.
(Ord. 1167 § 2, 2003; Ord. 1261 § 19, 2018)
§ 10.42.100 Nonconforming signs.
A.
Purpose and Applicability. This section applies to existing signs that do not conform to the provisions of this chapter. The eventual elimination of existing nonconforming signs is as important as the prohibition of new signs that would violate these regulations. This section also recognizes and is intended to be consistent with the provisions of Sections 5496 through 5499 of the California Business and Professions Code.
B.
Continuation of Nonconforming Sign. A legally established sign that does not conform to this Sign Ordinance may continue to be used, except that the sign shall not be:
1.
Structurally altered to extend its useful life.
2.
Expanded, moved, or relocated.
3.
Re-established after a business has been discontinued for 90 days or more.
4.
Re-established after damage or destruction of more than 50 percent of the sign, as determined by the Community Development Director.
Routine painting and maintenance shall not be deemed to constitute damage or destruction under the provisions of this section. Any nonconforming sign shall be required to be brought into conformance or removed as a condition of approval of any design review permit, minor use permit, or conditional use permit that is granted on the same site for the alteration, reconstruction or new use of the building for which the sign was formerly used.
C.
Sign Copy Changes. Sign copy and sign faces may be changed when there is no change in the use of the site or when only a portion of a multiple-tenant sign is being changed. A change of ownership does not, in and of itself, constitute a use change.
(Ord. 1167 § 2, 2003)
§ 10.42.110 Removal of illegal signs.
A.
Illegal Signs on Private Property. Any sign erected on private property without first complying with all ordinances and regulations in effect at the time of its construction or erection shall be deemed illegal and subject to enforcement action per Chapter 10.86 SMC (Enforcement). The City may initiate code enforcement action against the property owner and/or the business or person which is served by the illegal sign.
B.
Illegal Signs on Public Property. Illegal signs located in a public right-of-way or on public property are not permitted and may be removed by the City. Once removed, the City shall notify the owner, if possible, that the sign has been impounded and may be redeemed after payment of a charge which approximates the cost of its removal and storage. However, if the owner does not redeem the sign within 14 days of the date of notification by the City, the City may dispose of the sign. Code enforcement action, per the City of Sausalito's applicable code enforcement regulations, shall be initiated against any parties responsible for repeated violations of this section.
(Ord. 1167 § 2, 2003)
§ 10.44.010 Purpose and applicability.
A.
Purpose and Intent. The general purposes of this chapter establishing requirements for specific uses are as follows:
1.
To establish special standards for certain land uses that may affect adjacent properties, the neighborhood, or the community, beyond the uniform zoning standards of Chapters 10.20 through 10.28 (Zoning Districts Regulations), 10.40 (General Development Regulations) and 10.42 SMC (Sign and Awning Regulations);
2.
To establish appropriate standards for the location, design and operation of specific land uses;
3.
To ensure compatibility with adjacent land uses;
4.
To avoid incompatibility and hazards stemming from the uses; and
5.
To ensure consistency with the general plan.
B.
Applicability. All land uses listed in this chapter shall conform to the minimum standards established by this chapter, unless a variance is approved in accordance with applicable law. All land uses shall also conform to all other applicable requirements of this Zoning Ordinance, including but not limited to the minimum lot area, floor area ratio, building coverage, setbacks, and height limits imposed by the applicable district (Chapters 10.20 through 10.28 SMC, Zoning Districts Regulations), the general development regulations (Chapter 10.40 SMC) and sign and awning regulations (Chapter 10.42 SMC).
C.
Conflicts. Where the provisions of a specific plan conflict with the requirements of this chapter, the specific plan shall prevail. When a use listed in this chapter is subject to conflicting requirements, the following rules apply:
D.
Additional Conditions of Approval. Where a proposed use is subject to administrative design review, design review, minor use or conditional use permit approval, the granting authority may impose additional conditions of approval to protect public health, safety, and welfare.
(Ord. 1205 § 29, 2012; Ord. 05-2025 § 2 (Exh. A), 2025; Ord. 1167 § 2, 2003)
§ 10.44.020 Accessory uses and structures.
A.
Purposes. In addition to the general purposes of this chapter, the specific purposes of this section regulating accessory uses and structures are as follows:
1.
To provide for uses that are necessary to the operation or enjoyment of a lawful principally permitted or conditional use;
2.
To provide for uses that are appropriate, incidental and subordinate to any lawful primary use;
3.
To provide for residential accessory uses that are customarily part of a single-family dwelling, including but not limited to swimming pools, workshops, studios, greenhouses and garages; and
4.
To provide minimum standards for the timing and development of accessory uses and structures.
B.
Accessory Uses. The following accessory uses are permitted in all districts when located on the same parcel as the principal use:
1.
Installation and operation of necessary facilities and equipment in connection with schools and other institutions permitted in the respective district.
2.
Recreation, refreshment, and service buildings in public parks.
3.
Storage of not more than one horse trailer within an enclosed building located consistent with all the provisions of this title.
4.
Trees, shrubs and other ornamental planting.
5.
Renting rooms for long-term (more than 30 days) occupancy in a dwelling. No more than two paying occupants may be accommodated at any one time.
7.
Private swimming pools, cabanas, tennis courts and similar recreation facilities.
8.
Private garages, carports and parking areas.
C.
General Requirements. All accessory buildings and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this title for specific uses:
1.
Timing of Construction. Accessory buildings, temporary structures, and swimming pools shall be constructed or otherwise established at the same time as, or after, the main building or use, except where earlier construction is authorized through design review or zoning permit approval.
2.
Relationship of Accessory Use to Principal Use. Accessory buildings and structures shall be incidental to, and not alter the character of, the site from that created by the principal use.
3.
Attached Buildings. If an accessory building is attached to a main building, it shall be made structurally a part of the main building and shall comply with all the requirements of this title applicable to the main building.
D.
Walls, Fences, and Railings. Walls, fences, and railings may occupy required yard areas subject to the following height limits:
1.
When located along any parcel line: Six feet.
2.
When located in any required rear or interior side yard: Six feet plus one foot in height for each foot such fence or wall is set back from the side or rear property line to a maximum of 12 feet. Walls, fences, and railings may be located on retaining walls up to three feet high above grade on property lines. Where retaining walls are greater than three feet high on property lines, walls, fences, and railings may be no more than four feet in height.
3.
Fences shall not be constructed or maintained in any manner that unreasonably obstructs a view from an adjacent property or unreasonably obstructs the sunlight from reaching an adjacent property.
E.
Off-Street Parking. Off-street parking spaces may occupy required yard areas provided the parking area's height above natural grade does not exceed two feet.
F.
Animal Enclosures. Animal enclosures shall be subject to the following requirements:
1.
The minimum parcel size for enclosures for nondomestic animals is 20,000 square feet in gross area.
2.
Animal enclosure for nondomestic animals shall be located a minimum of 50 feet from any residence on an adjacent site and a minimum of 10 feet from any property line.
3.
Enclosures for more than three dogs shall be subject to the same requirements as nondomestic animals.
5.
If no residence is permitted on property adjoining the subject property, the enclosure for nondomestic animals shall comply with minimum setback requirements for a main dwelling in the applicable zoning district.
G.
Swimming Pools. Swimming pools, including lap pools, hot tubs, spas, and related equipment, are subject to the following requirements:
1.
Setbacks. Swimming pools and related uses are not allowed in required side yards or within any utility or access easement. In the rear yard area, swimming pools shall maintain a five-foot setback from all property lines, subject to the occupancy limitations of SMC § 10.40.090(C)(1). All mechanical equipment shall be located no less than 10 feet from property lines and shall be enclosed, covered, or shielded to views from adjacent properties.
2.
Building Coverage. Swimming pools and related uses are not included in building coverage unless covered by a roof structure or unless the pool decking has an elevation of 24 inches or more above natural grade.
3.
Fencing. A fence shall enclose all swimming pools and related uses or other structure permitted by SMC Title 8 (Buildings and Construction).
(Ord. 1167 § 2, 2003; Ord. 1205 § 31, 2012)
§ 10.44.030 Home occupations.
Home occupations are subject to the requirements of this section when allowed by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations) in the applicable zoning district:
A.
Purpose and Intent. In addition to the general purposes of this chapter, the specific purposes of this section regulating home occupations are as follows:
1.
To allow for limited or occasional, commercial-type activities to be conducted within dwellings, detached accessory structures and garages;
2.
To allow occasional yard sales, adjacent to a dwelling or garage;
3.
To allow the use of a residence for a business telephone and business mailing address;
4.
To ensure home occupations do not result in excessive pedestrian and vehicular traffic; and
5.
To maintain the residential character of neighborhoods and ensure the compatibility of home occupations with surrounding uses.
B.
Limitation on Use. Home occupations shall be limited to activities carried on by the occupants of a dwelling as an accessory use to the principal use of the site as a dwelling, as follows:
1.
Allowed Uses. For guidance, permitted home occupations include but are not limited to: Accounting; architect; bookkeeping and tax return preparation; the making of clothing; computer programming; typing or word processing; clerical work; dressmaking; handicrafts; garage/yard sales; or any other business that meets the intent and specific requirements of this section; the study, office or studio of a person engaged in a business or profession such as a physician or surgeon, dentist, artist, attorney, engineer, teacher, insurance agent, manufacturer's representative or salesman; and one-on-one instruction (including but not limited to tutoring and music lessons).
2.
Uses Prohibited. For guidance, the following and similar uses are not allowed as home occupations: Commercial retail sales (except as allowed pursuant to subsection (C)(9) of this section (Retail Sales)); auto repair or painting; beauty parlor or barber shop or any similar service enterprise; music school, dancing school, business school, or other school of any kind with organized classes or similar activity; medical marijuana dispensary; or any outdoor business activity not otherwise consistent with this title.
C.
Performance Standards. A zoning permit shall be approved consistent with Chapter 10.52 SMC (Zoning Permits) only if the proposed home occupation complies with all of the following criteria:
1.
Accessory Use Only. The activity shall be consistent with and clearly accessory to the principal use as a dwelling and shall not occupy more than 25 percent of the floor area of the dwelling, but no more than 400 square feet per residence.
2.
Signs Prohibited. No signs are permitted for any home occupation.
3.
Exterior Evidence of Use. There shall be no exterior display or evidence of the home occupation, such as displays of merchandise, noise, light, etc., other than the display of items associated with a garage/yard sale as allowed by subsection (C)(9) of this section (Retail Sales). No outdoor storage of supplies, materials or products associated with the home occupation is permitted.
4.
Location of Home Occupation. A home occupation shall be conducted only within an enclosed living area of the dwelling, detached accessory structure that does not exceed any size limitation contained elsewhere in this title, an attached garage or, in the case of a garage/yard sale, adjacent to a dwelling or a garage. Home occupations shall not be permitted out-of-doors on the property or in any trailer or other temporary structure unless allowed by subsection (C)(9) of this section (Retail Sales), or unless otherwise consistent with this title.
5.
Equipment. No mechanical equipment shall be used that creates visible or audible interference in line voltage outside the dwelling unit or that creates noise, odor, glare, smoke or dust not normally associated with residential uses.
6.
Vehicles, Delivery and Pick Up. Only one vehicle used in the home occupation shall be parked at the site other than standard passenger vehicles. The vehicle shall not exceed half-ton capacity and shall be owned by the resident of the dwelling. (Also see Chapter 10.88 SMC, definition of "vehicle storage.") No more than two commercial vehicle trips per day shall be made both to and from the home occupation residence. Commercial vehicle trips may include but not be limited to movement of raw materials, finished products, equipment or similar materials. No commercial vehicle shall be stored on the site seven consecutive days even if owned, rented, or leased by the home occupation operator.
7.
Employees. There shall be no more than one employee allowed to support a home occupation, other than the actual resident of the subject dwelling, subject to the following conditions:
8.
Number of Patrons. Any combination of home occupations at a single residence shall allow for occasional visitors except for occasional garage/yard sales.
9.
Retail Sales. On-site sale of goods shall be prohibited. On-site garage/yard sales shall be limited to no more than three consecutive days at a time and no more than eight days total within any calendar year.
10.
Storage of Materials. No storage of commercial materials, goods, supplies or equipment other than art, handicraft, and clothing products shall be permitted. No storage of hazardous or potentially hazardous materials, other than customary household cleaning supplies, shall be permitted.
11.
Number of Home Occupations. In no case shall more than two home occupations be conducted at a single residence. Where there are two home occupations, the above limitations shall apply to the combined home occupations. For purposes of this subsection, occasional garage/yard sales may be conducted as allowed by subsection (C)(9) of this section (Retail Sales) regardless of the existence of two other home occupations at the same residence.
12.
Hours of Operation. Home occupations shall be conducted primarily between the hours of 8:00 a.m. and 6:00 p.m. No visitor traffic, deliveries, or equipment outside the structure shall be permitted Sundays, or after 6:00 p.m. or before 8:00 a.m. weekdays and Saturdays.
13.
Parking. One off-street parking space shall be provided for the exclusive use of any vehicle used in the home occupation pursuant to subsection (C)(6) of this section (Vehicles, Delivery and Pick Up), in addition to any parking spaces required by SMC § 10.40.110 (Parking space requirements by land use).
(Ord. 1167 § 2, 2003; Ord. 1185 § 3, 2007)
§ 10.44.040 Noncommercial vehicle and boat repair or storage in residential areas.
The noncommercial repair, maintenance, restoration, or storage of automobiles, pickup trucks, campers, trailers, motorhomes and boats of less than 20 feet in length, whether operative or inoperative, may be allowed on the same site as a residential use as an accessory and incidental use only, subject to the provisions of this section. Other residential accessory uses are subject to SMC § 10.44.020 (Accessory uses and structures). The outdoor storage of vehicles and related materials in a manner that does not comply with this section shall constitute a junkyard, which shall be a public nuisance and a violation of this title.
A.
Commercial Repair or Storage Prohibited. The repair, maintenance, restoration or storage of vehicles and/or boats in residential areas shall involve only vehicles and/or boats that are registered to the property owner, lessee or tenant of the site, as shown on the current vehicle registration or Department of Motor Vehicles certificate of ownership. No storage, repair, maintenance or restoration shall be performed on other vehicles and/or boats, or on any vehicles and/or boats for compensation or otherwise as a business.
B.
Number of Vehicles and/or Boats Allowed. Provided that required parking spaces are not displaced, the number of vehicles and/or boats that may be stored outdoors on the site of a single-family dwelling for noncommercial repair, restoration or maintenance purposes shall be limited to one vehicle and/or boat per 4,000 square feet of parcel area, to a maximum of two on any one site. The number of vehicles and/or boats that may be stored on the site of multiple-family dwelling units for noncommercial repair, restoration or maintenance purposes shall be limited to one vehicle and/or boat per 6,000 square feet, to a maximum of four on any one site.
C.
Limitation on Outdoor Repair. No more than one vehicle and/or boat may be actively repaired outdoors at any one time. All other repairs shall occur within a garage or other fully enclosed area. Outdoor repairs on all vehicles or boats shall not occur before 8:00 a.m. or after 6:00 p.m., Monday through Friday, before 10:00 a.m. or after 5:00 p.m. on Saturday or Sunday, except for emergency repairs. All vehicles or boats that are stored outdoors and are under or in need of repair, as evidenced by being partly disassembled or otherwise not being in road- or sea-worthy condition, shall be kept fully covered when not being worked upon.
(Ord. 1167 § 2, 2003)
§ 10.44.050 Storage, accessory.
This section applies to sites that are not primarily used or zoned for storage yards, and where storage is accessory to another primary use. Accessory storage includes building materials and equipment storage, commercial vehicle storage, and storage of noncommercial and inoperative vehicles. Accessory storage is subject to Chapters 10.20 through 10.28 (Zoning Districts Regulations), 10.40 SMC (General Development Regulations) when applicable and this section. This section does not apply to storage yards where storage, dry boat storage, or container storage is the primary use.
A.
Building Materials and Equipment. Building materials and equipment (including construction vehicles) being used for construction may be stored in an orderly fashion on or adjacent to the construction site as long as a valid building permit is in effect for the construction. Building materials and equipment include stockpiles of construction materials, tools, equipment, and building component assembly operations. When storage is proposed on a lot adjacent to the construction site, the design review permit application for the project shall also describe the storage site. If the storage area is not described in the original design review approval, the project shall return to the Planning Commission for a modification of a previously approved design review permit.
Storage areas (for construction projects) proposed within a public right-of-way shall require an encroachment permit from the City of Sausalito.
B.
Commercial Vehicle Repair and Storage. Commercial vehicles shall not be stored or parked longer than necessary for pickup or delivery at a site within a residential zoning district. This shall not include a standard passenger car, or a pickup truck or van having a payload of three-quarter ton or less.
C.
Inoperative Vehicles in Commercial Districts. The storage or keeping of inoperative vehicles in commercial districts is subject to the following requirements.
1.
Vehicles Being Repaired. The commercial repair of vehicles is allowed only in the commercial or industrial zoning districts. Repair of personal vehicles is subject to SMC § 10.44.040 (Noncommercial Vehicle and Boat Repair or Storage in Residential Areas). The storage of inoperative vehicles in a commercial or industrial zoning district for the purposes of repair, alteration, painting, impoundment or temporary storage is subject to the requirements established by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations) for "repair and maintenance – vehicle," as defined by Chapter 10.88 SMC (Definitions).
2.
Vehicle Ownership. Only noncommercial vehicles, registered to the property owner, tenant, or resident shall be stored on site.
(Ord. 1167 § 2, 2003)
§ 10.44.060 Mobile home/manufactured housing standards.
A.
Purpose. In addition to the general purposes of this chapter, the specific purposes of this section allowing and regulating mobile homes and manufactured homes include the following:
1.
To provide for the placement of mobile and manufactured homes on lots or parcels zoned for conventional single-family residential use;
2.
To comply with the requirements of Cal. Gov’t. Code § 65852.3 et seq.;
3.
To provide affordable housing opportunities in the City of Sausalito;
4.
To provide standards for the type, location, placement and architectural features of mobile and manufactured homes, consistent with Cal. Gov’t. Code § 65852.3 et seq.; and
5.
To ensure mobile and manufactured housing is compatible with the design and character of single-family neighborhoods.
B.
Definitions. The term "mobile home" is defined by Chapter 10.88 SMC (Definitions). As a land use, mobile homes are included under the definition of "single-family dwellings."
C.
Design Review. Subject to the standards listed in subsection D of this section (Mobile Home/Manufactured Home Standards), all new mobile home/manufactured homes shall be subject to same review process as a single family dwelling in the same zone.
D.
Mobile Home/Manufactured Home Standards. Mobile homes that are certified under the National Mobile Home Construction and Safety Act of 1974 (42 USC Section 5401, et seq.), are subject to all of the following standards when installed on private property. Once installed pursuant to these standards, such certified mobile homes shall be referred to as "manufactured homes." Mobile homes and manufactured homes to be used as permanent dwellings pursuant to this section are subject to the following requirements, in addition to those required of other single-family dwellings:
1.
Equivalent to Single-Family Homes. As required by Cal. Gov’t. Code § 65852.3, certified mobile homes and manufactured homes for permanent occupancy are considered the same as single-family dwellings, and are allowed by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations) in all districts that allow single-family dwellings, provided no more than 10 years have elapsed from the date of its manufacture.
2.
Foundation System Required. The certified mobile home or manufactured home shall be placed on a foundation system pursuant to Cal. Health & Safety Code § 18551.
3.
Architectural Standards. Certified mobile homes and manufactured homes proposed in the R-1, R-2, R-3 and P-R zoning districts shall be subject to design review procedures (Chapter 10.54 SMC); the mobile home or manufactured home and the lot on which it is placed shall be subject to the same development standards to which a conventional single-family residential dwelling on the same lot would be subject, except for architectural requirements listed below.
a.
Siding Materials. Exterior siding (excluding windows) is to consist of non-reflective materials designed to resemble wood, stucco, rock, masonry, or other non-reflective, textured surface. Exterior siding shall be a non-combustible exterior material customarily used on new conventional single family dwellings in the city. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material used need not extend below the top of the foundation.
b.
Roofing Materials. Roofs (excluding skylights) are to consist of non-reflective and non-combustible designed to resemble wood shakes, wood or composition shingles, tile, or metal with a baked-on color or other non-reflective, textured surface and shall be similar in appearance and style to roofs used on new conventional single family dwellings in the city.
c.
Roof Overhang. Roofs shall have eave and gable overhangs of not less than one foot as measured from the vertical side of the structure.
(Ord. 1167 § 2, 2003; Ord. 06-2025-A, 12/2/2025)
§ 10.44.070 Piers, docks, floats, and wharves in residential districts.
Piers, docks, floats, and wharves in the two-family residential (R-2-2.5) and houseboat (H) zoning districts are subject to the requirements of this section, as provided by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations).
A.
Required Conditions. Piers, docks, floats and dolphins for private pleasure craft in residential districts are subject to the following conditions:
1.
Accessory Use. The proposed use shall be accessory to the residential use on the same parcel and shall not be utilized for any commercial purpose.
2.
Army Corps Standards. Piers and docks shall not conflict with pierhead lines or bulkhead lines established by the U.S. Army Corps of Engineers.
B.
Findings. Community Development Department staff shall grant approval only if it can make the following findings:
1.
The proposed use does not conflict with the residential purposes or adversely affect abutting property or its permitted use.
2.
The site for the proposed use is adequate in size and shape to accommodate the proposed improvements.
3.
The pier or dock is to be constructed of generally accepted materials for marine installation and is of the minimum length and width necessary to accommodate the mooring of private pleasure craft.
4.
The pier or dock will not despoil the natural scenic qualities of the waterfront.
5.
The pier or dock will not significantly affect views from other residences.
6.
The pier or dock will not substantially impede public access to and along the shoreline.
7.
The improvements will be consistent with the Uniform Building Code's structural engineering requirements, U.S. Coast Guard Marine Safety Standards, and will not materially interfere with the needs of navigation.
C.
Action. All Community Development Department staff actions shall include findings and any applicable conditions of approval.
(Ord. 1167 § 2, 2003)
§ 10.44.080 Accessory dwelling units.
A.
Purpose. The City of Sausalito finds and declares that accessory dwelling units are a valuable form of housing. Accessory dwelling units provide housing for family members, students, elderly, in-home health care providers, persons with disabilities and others, at below-market rental rates within existing neighborhoods. Homeowners who create accessory dwelling units benefit from added income and an increased sense of security.
It is the intent of the City to encourage accessory dwelling units and to impose standards to enable homeowners to create accessory dwelling units that will not aggravate or create safety problems. Additionally, it is the intent of the City to encourage the legalization of existing accessory dwelling units that were not built or established with proper permits and to ensure that existing accessory dwelling units are safe and habitable.
The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
B.
Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1.
Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
2.
Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3.
Considered in the application of any local ordinance, policy, or program to limit residential growth.
C.
Definitions. As used in this section, terms are defined as follows:
1. "Accessory dwelling unit" or "ADU"
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
2. "Accessory structure"
means a structure that is accessory and incidental to a dwelling located on the same lot.
3. "Complete independent living facilities"
means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. "Efficiency kitchen"
means a kitchen that includes all of the following:
5. "Junior accessory dwelling unit" or "JADU"a. b. c. d. e.
means a residential unit that satisfies all of the following:
It is no more than 500 square feet of interior livable space in size.
It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
It includes an efficiency kitchen, as defined in subsection C.4 of this section.
6. "Livable space"
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
7. "Living area"
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
8. "Nonconforming zoning condition"
means a physical improvement on a property that does not conform with current zoning standards.
9. "Passageway"
means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
10. "Proposed dwelling"
means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
11. "Public transit"
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
12. "Tandem parking"
means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D.
Approvals. The following approvals apply to ADUs and JADUs created under this section:
1.
Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection D.3 of this section.
2.
Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee shall be determined by the Community and Economic Development Director and approved by the city council by resolution.
3.
Process and Timing.
a.
Completeness.
i.
Determination in 15 Days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.
ii.
Incomplete Items. If the city's determination under subsection D.3.a.i of this section is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.
iii.
Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
iv.
Subsequent Submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
vi.
Appeal of Incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the city clerk. The City Council will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. The decision of the City Council shall be final.
b.
No Discretion or Hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.
c.
Deadline to Approve or Deny Ministerial Approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
i.
The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
ii.
When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
d.
Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.c of this section.
e.
Appeal of Denial. An applicant may appeal the city's denial of the application by submitting a written appeal to the city clerk. The City Council will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f.
Concurrent Review of Demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E.
Classes.
1.
Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Cal. Gov't. Code § 66323. If an ADU or JADU complies with each of the general requirements in subsection F of this section, it is allowed in each of the scenarios provided in this subsection E.1. An ADU and JADU approved under subsection E.1.a of this section may be combined with an ADU approved under subsection E.1.b of this section, and ADUs approved under subsection E.1.c. of this section may be combined with ADUs approved under subsection E.1.d of this section.
a.
Converted on Lot with Single-Family: One ADU as described in this subsection E.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i.
Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii.
Has exterior access that is independent of that for the single-family dwelling; and
iii.
Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv.
The JADU complies with the requirements of Cal. Gov't. Code §§ 66333 through 66339.
b.
Limited Detached on Lot with Single-Family: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
c.
Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection E.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
d.
Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
i.
The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii.
The peak height above grade does not exceed the applicable height limit provided in subsection F.2 of this section.
iii.
If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
F.
General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
1.
Zoning.
a.
A Class 1 ADU approved under subsection E.1 of this section may be created on a lot in a residential or mixed-use zone.
b.
A Class 2 ADU approved under subsection E.2 of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
c.
In accordance with Cal. Gov't. Code § 66333(a), a JADU may only be created on a lot zoned for single-family residences.
2.
Height.
b.
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Cal. Pub. Res. Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c.
A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
4.
Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
5.
No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Cal. Gov't. Code § 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6.
Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
7.
Owner Occupancy.
a.
ADUs. ADUs are not subject to an owner-occupancy requirement.
b.
JADUs.
i.
Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.
8.
Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a.
The JADU may not be sold separately from the primary dwelling.
b.
The JADU is restricted to the approved size and to other attributes allowed by this section.
c.
The deed restriction runs with the land and may be enforced against future property owners.
d.
The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e.
The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
9.
Building and Safety.
a.
Must Comply with Building Code. Subject to subsection F.9.b of this section, all ADUs and JADUs must comply with all local building code requirements.
b.
No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement Officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection F.9.b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
10.
Certificate of Occupancy Timing.
a.
Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.
b.
Limited Exception for State-declared Emergencies. Notwithstanding subsection F.10.a of this section, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
i.
The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
ii.
The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.
iii.
The ADU has been issued construction permits and has passed all required inspections.
iv.
The ADU is not attached to the primary dwelling.
G.
Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection E.2 of this section. This subsection G does not apply to Class 1 ADUs or JADUs approved under subsection E.1 of this section.
1.
Maximum Size.
a.
The maximum size of a detached or attached ADU subject to this subsection G is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
b.
An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c.
Application of other development standards in this subsection G, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection G.1.b of this section or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU have less than 800 square feet of interior livable space.
5.
Maximum Impervious Surface. No ADU subject to this subsection G may exceed the maximum impervious surface as shown in shown in Table 10.44.80.3, subject to subsection G.1.c of this section.
Table 10.44.80.3 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
R-1 | R-2 | R-3 | PR | H | A | ||||
R-1-6 | R-1-8 | R-1-20 | R-2-2.5 | R-2-5 | |||||
Maximum impervious surface | 67.5% | 65% | 65% | 75% | 67.5% | 75% | 75% | 62.5% | 65% |
7.
Parking.
a.
Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.12 of this section.
b.
Exceptions. No parking under subsection G.7.a of this section is required in the following situations:
i.
The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.11 of this section.
ii.
The ADU is located within an architecturally and historically significant historic district.
iii.
The ADU is part of the proposed or existing primary residence or an accessory structure.
iv.
When on-street parking permits are required but not offered to the occupant of the ADU.
v.
When there is an established car share vehicle stop located within one block of the ADU.
c.
No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
8.
[Reserved].
9.
[Reserved].
10.
Historic District Protections. Any attached or detached ADU that is within the City of Sausalito Historic District (-H overlay district) must be located entirely behind the rear-most exterior wall of the primary dwelling and directly behind the primary dwelling. Except for where prohibited by applicable law, attached and new construction detached accessory dwelling units in the City of Sausalito Historic District (-H overlay district) shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
H.
Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsection E.1 or E.2 of this section.
1.
Impact Fees.
a.
No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection H.1, "impact fee" means a "fee" under the Mitigation Fee Act (Cal. Gov't. Code § 66000(b)) and a fee under the Quimby Act (Cal. Gov't. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b.
A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Cal. Educ. Code § 17620(a)(1)(C), and is therefore not subject to school fees under Cal. Educ. Code § 17620.
c.
Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
2.
Utility Fees.
a.
If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b.
Except as described in subsection H.2.a of this section, JADUs and converted ADUs on a single-family lot that are created under subsection E.1.a of this section are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
c.
Except as described in subsection H.2.a of this section, all ADUs that are not covered by subsection H.2.b of this section require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
i.
The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii.
The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
I.
Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1.
Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2.
Unpermitted ADUs and JADUs Constructed Before 2020.
a.
Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
b.
Exceptions:
i.
Notwithstanding subsection I.2.a of this section, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in Cal. Health & Safety Code § 17920.3.
(Ord. 1205 § 30, 2012; Ord. 1209 § 2, 2012; Ord. 1247 § 1, 2017; Ord. 1267 § 1, 2019; Ord. 1281 § 3, 2020; Ord. 1288 § 3, 2022; Ord. 05-2023 § 2, 2023; Ord. 01-2025 § 1, 2025; Ord. 12-2025, 12/2/2025)
§ 10.44.085 Reserved.
(Ord. 1268 § 1, 2019; Ord. 1281 § 4, 2020; Ord. 05-2023 § 3, 2023; Ord. 01-2025 § 2, 2025)
§ 10.44.090 Detached dwelling units.
A.
Purpose and Applicability. In addition to the general purposes of this chapter, the more specific purposes of this section regulating two or more detached single-family dwellings in the R-2 and R-3 zoning districts are as follows:
1.
To encourage designs which enhance existing neighborhood character.
2.
To enhance patterns of development which combine one-, two-, and multiple-family uses within the same neighborhood.
3.
To encourage permitted two-family or multiple-family use development in a manner that discourages the appearance or use of the property as two or more distinct and separate single-family dwelling sites.
4.
To encourage low or moderate income housing by promoting the development of smaller, subordinate dwelling units or attached dwelling units.
B.
General Requirements. The following standards apply to all developments or improvements of two or more detached dwelling units on properties within the R-2 and R-3 zoning districts:
1.
The project must incorporate significant common characteristics, i.e., stairways, pathways, open space and landscape areas, in a manner that maintains the two-family or multifamily character of the site and neighborhood.
2.
No fences may be constructed within common areas between such dwellings.
3.
Parking may be provided in tandem, without the requirement of a conditional use permit, for dwelling units of less than 1,200 square feet of floor area.
D.
Findings of Approval. Design review of new detached single-family dwellings, or expansions thereof, shall be subject to the following findings:
1.
The proposed project provides greater neighborhood compatibility than would one duplex or multiple-family structure.
2.
The separation of the dwelling units will result in a better site design than could be accomplished with one duplex or a multiple-family structure.
3.
The proposed project provides an element of shared driveways, pathways, and/or common areas on the property.
(Ord. 1167 § 2, 2003)
§ 10.44.100 Child day care.
A.
Purpose and Applicability. In addition to the general purposes of this chapter, the more specific purposes of this section regulating child day care uses are as follows:
B.
Small Family Day Care Homes. Small family day care homes that are properly licensed pursuant to the provisions of the Act shall be considered an accessory residential use of property notwithstanding any other provisions of this title, and pursuant to Section 1597.45 of the Health and Safety Code. Small family day care homes that meet these requirements shall be permitted in all residential zoning districts. Small family day care homes shall also be permitted in single-family dwellings and multiple-family housing units in commercial zones. The operation of a small family day care home without proper State licensing shall constitute a violation of this title. In addition to any remedies available to the State under the Health and Safety Code, any individual maintaining such a use shall be guilty of an infraction subject to citation.
C.
Large Family Day Care Homes. Large family day care homes that are properly licensed pursuant to the provisions of the Act shall be considered an accessory residential use of property, notwithstanding any other provisions of this title, and pursuant to Section 1597.46 of the Health and Safety Code. The large family day care homes shall be permitted in all residential zoning districts subject to the issuance of a minor use permit (MUP) by the Zoning Administrator, as allowed by State law.
1.
Findings. The Zoning Administrator shall approve a minor use permit if the following findings can be made:
a.
The proposed use is consistent with the general plan, the purposes of the Zoning Ordinance, and the purposes of the applicable zoning district.
b.
The location of the large family day care home will not result in an over-concentration of such uses.
c.
Streets and highways paved (and of adequate width) are or will be adequate to serve the proposed use for the quantity and type of traffic it will generate.
d.
Adequate parking is or will be available for the proposed use.
e.
The proposed use complies with applicable provisions of the City's Municipal Code regarding noise generation taking into consideration the noise levels generated by children.
f.
The proposed use complies with the requirements of California Health and Safety Code Section 1597.46(d) and any regulations adopted by the State Fire Marshal.
2.
Conditions of Approval. Minor use permits for large family day care homes shall be subject to conditions of approval, as allowed by State law, including but not limited to the following:
a.
Compliance with the applicable provisions of the most recent edition of SMC Title 8 (Buildings and Construction) which apply to single-family, two-family, and/or multiple-family residences;
b.
Compliance with any standards of the State Fire Marshal and the Sausalito Fire Department relating to fire and life safety in large family day care homes;
c.
Licensed or deemed to be exempt from licensure by the State of California as a large family day care home.
3.
Notice. Not less than 10 days prior to the date on which the decisions will be made on the application for the minor use permit by a large family day care home the Zoning Administrator shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the proposed large family day care home.
4.
Hearing. No hearing on the application for the proposed use shall be held before a decision is made unless a hearing is requested by the applicant or other affected person.
5.
Appeal. The applicant or other affected person may appeal the decision of the Zoning Administrator. The appellant shall pay the cost, if any, of the appeal.
D.
Day Care Centers. Day care centers shall be allowed in specified zoning districts as designated by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations), notwithstanding any other provisions of this title. Day care centers require a conditional use permit from the Planning Commission pursuant to Chapter 10.60 SMC (Conditional Use Permits), and subject to the provisions of this subsection:
1.
Findings. The Planning Commission may approve a conditional use permit only if it can make the findings specified in SMC § 10.60.050 (Findings), and as allowed by State law.
2.
Conditions. Day care centers shall comply with requirements authorized by State law, including but not limited to the following:
E.
Parking Requirements. Child day care facilities shall provide off-street parking and loading facilities as follows:
1.
Small Family Day Care Homes. A minimum of two parking spaces shall be provided.
2.
Large Family Day Care Homes and Child Care Centers. Parking shall be provided based upon the number of staff required by the capacity of the center, as determined by the license issued by the California State Department of Social Services:
a.
One space shall be provided for every three children between the ages of birth and 18 months.
b.
One space shall be provided for every four children between the ages of 18 months and 36 months.
c.
One space shall be provided for every eight children between the ages of 36 months and kindergarten.
d.
One space shall be provided for every 14 children who attend the center after elementary school (kindergarten through age 14).
e.
One space for every five children shall be provided for all parent cooperatives.
f.
Adequate drop-off/loading spaces shall be provided for all facilities to maximize safety for the children, parents and caregivers. At a minimum, one drop-off/loading space shall be provided for every six children.
F.
Exclusions. The provisions of this section shall not apply to those facilities and arrangements excluded from the provisions of the California Child Day Care Act pursuant to Section 1596.792 of the Health and Safety Code nor shall it apply to recreation programs excluded from the provisions of the California Child Day Care Act pursuant to Section 1596.793 of the Health and Safety Code.
(Ord. 1167 § 2, 2003)
§ 10.44.110 Religious institutions, private clubs and fraternal organizations in residential zoning districts.
A.
Purpose and Applicability. In addition to the general purposes of this chapter, the specific purposes of this section regulating religious institutions, private clubs and fraternal organizations are as follows:
1.
To ensure compatibility with adjacent land uses; and
B.
Minimum Lot Area. The minimum lot area shall be 10,000 square feet. Religious institutions, private clubs and fraternal organizations established as of the date of this title may continue to occupy their current parcels regardless of parcel size.
C.
Location. New religious institutions, private clubs and fraternal organizations must be located on a major or secondary thoroughfare as designated by the general plan. The Planning Commission may approve a religious institution, private club or fraternal organization on a site that provides access to a major or secondary thoroughfare if the Planning Commission can find that the facility will not cause excessive traffic on a local residential street. There shall not be an over-concentration of religious institutions, private clubs and fraternal organizations on a local residential street to prevent heavy traffic.
D.
Setbacks. All buildings and structures on the site of a religious institution, private club and/or fraternal organization shall be designed and constructed to satisfy the following minimum setbacks, unless the applicable zoning district requires a larger setback:
E.
Height Limit. The height of a religious institution, private club and/or fraternal organization shall not exceed that permitted in the applicable zoning district and as specified in SMC § 10.40.060(D) (Exceptions to height limits).
F.
Signs. Signs for a religious institution, private club or fraternal organization use shall conform to the requirements for signs in Chapter 10.42 SMC (Sign and Awning Regulations).
G.
Parking Requirements. Religious institution, private club and/or fraternal organization sites shall provide off-street parking at a ratio of one parking space for every four seats in a sanctuary or place of public assembly, plus one space for each classroom or office. Parking spaces shall be designed and improved as required by SMC § 10.40.120 (Design and improvement of parking).
(Ord. 1167 § 2, 2003)
§ 10.44.120 Senior housing projects.
Senior housing projects (defined by Chapter 10.88 SMC, Definitions) are subject to the requirements of this section and Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations).
A.
Findings. The City Council makes the following findings related to senior housing:
B.
Purpose. In addition to the general purposes of this chapter, the specific purposes of this section establishing standards for senior housing are as follows:
1.
To establish procedures, standards and potential density increases for senior housing;
2.
To ensure compatibility of senior apartments and senior independent living centers (SILCs) with adjacent land uses;
3.
To provide for consideration of on-site facilities; and
4.
To provide housing alternatives to accommodate an increasing senior population.
C.
Eligibility of Project – Limitation on Age of Occupants. In order to be considered a senior housing project and qualify for the density bonus incentives offered by this section, the occupancy of the project shall be limited by deed restriction to one or more of the following:
1.
A household in which the head and/or his (her) spouse is 62 years or older; or
2.
A household in which the head and/or his (her) spouse is 62 years or older with a handicapped child; or
3.
A household headed by a handicapped person who has a physical impairment which:
4.
If the subject project contains 12 or more units, one unit may be occupied by a family who is neither elderly nor handicapped to specifically manage and/or operate the elderly and handicapped residence.
D.
Site Design and Development Standards. Senior housing projects shall comply with the following:
1.
Parking Requirements. A minimum of one off-street parking space per one unit shall be provided, including guest parking. Senior independent living centers (SILCs) with a minimum of six units shall be eligible for additional parking reductions based on the project's design, location and operations, including but not limited to a car-sharing program and proximity to transit.
A single project is limited to a 30% total parking reduction from standards established by this subsection, unless a greater reduction in parking is authorized under State Density Bonus Law (Cal. Gov’t. Code § 65915(p).)
2.
Laundry Facilities. Each multiple-family residential building or dwelling group for senior citizens or handicapped persons shall include congregate laundry facilities (in the building) that shall include washing machines and dryers.
E.
Changes to Project. If the nature of the project changes (such as occupancy changing to apartment use without age restrictions), the project shall comply with the applicable standards of this title for the new use.
F.
Density Bonus Criteria. The density bonuses provided by this section shall be deemed to be consistent with the general plan when the findings required by subsection G of this section (Findings for approval) have been made.
1.
Senior housing projects in the senior housing overlay district shall be allowed a density bonus of 33% over the density allowed by the base zoning district for projects not entitled to a higher density bonus in accordance with State Density Bonus Law (Cal. Gov’t. Code § 65915).
2.
Maximum Bonus Allowed. Density bonuses shall be calculated in the manner provided by the State Density Bonus Law and limited to the maximum specified by state law, except as set forth above.
G.
Application of State Density Bonus Law. Waivers, incentives, and concessions from City development standards shall be considered in accordance with State Density Bonus Law. Projects not eligible for waivers, incentives, and concessions under State Density Bonus Law shall not be entitled to such by operation of this section.
(Ord. 1167 § 2, 2003; Ord. 06-2025-A, 12/2/2025)
§ 10.44.130 Arks.
A.
Purpose and Applicability. In addition to the general purposes of this chapter, arks have been identified as having architectural and historical significance to the City and have been designated as requiring additional protections and consideration. The specific purposes of this section regulating arks are as follows:
1.
To promote and encourage the maintenance, restoration and preservation of the City's single-family ark dwellings and ark dwelling groups as they existed at the time of adoption of this title;
2.
To provide an environment compatible with surrounding marine and commercial districts;
3.
To maintain the ark's existing appearance and characteristics; and
4.
To provide requirements for any future work on the arks.
B.
Sewer. Each single-family ark dwelling shall be provided with a City-approved sewer connection.
C.
Certificate of Appropriateness Required. Any exterior renovation, restoration, reconstruction or replacement of a single-family ark dwelling shall obtain a certificate of appropriateness by the Historic Preservation Commission as provided in Chapter 10.46 SMC (Historic Preservation) prior to the issuance of any permits or approval of other planning entitlements.
D.
Reconstruction or Replacement. Reconstruction or replacement of any single-family ark dwelling that cannot feasibly be repaired may be permitted following review for a certificate of appropriateness, provided the exterior design of the new construction is in character with the historic design of the ark which is being replaced. This section also applies to any alteration required by law, by order of the City of Sausalito, or other governmental agency having jurisdiction.
(Ord. 1167 § 2, 2003; Ord. 1261 § 20, 2018)
§ 10.44.140 Harbor and marina facilities.
In addition to the general purposes of this chapter, the specific purpose of this section is to provide for coordination of on-site and land-based harbor and marina facilities.
The following standards and conditions apply to marinas, harbors, and related uses, when such uses are allowed in the W or CW zoning districts, as provided by Chapter 10.24 SMC (Commercial Zoning Districts):
A.
Maximum Density. The maximum density for marinas and harbors shall be 20 berths per acre (43,560 square feet).
B.
Parking Requirements. Marinas and harbors shall provide off-street parking at a ratio of one parking space for every two berths, plus the required parking for any ancillary office space. Marinas and harbors shall also provide public parking at a ratio of one space per 10 berths. Parking spaces shall be designed and improved as required by SMC § 10.40.120 (Design and improvement of parking).
C.
Sanitary Facilities. All marinas and harbors shall provide lavatories and water closets at the ratio required by the most recent edition of the Uniform Plumbing Code adopted by the City of Sausalito. Trash and recycling receptacles shall be provided at all gangways, restrooms and elsewhere as required by the granting authority. At least one dumpster and recycling station shall be provided on shore for the entire marina or harbor facility.
D.
Pump-Out Facility. Each houseboat marina with houseboats utilizing holding tanks shall provide a permanent holding tank pump-out facility or equivalent services. The facility or services shall be operable and available for use at all times and capable of servicing all houseboats berthed, docked, or moored at the marina or anchorage area.
E.
Mooring. The mooring plan of every marina shall be individually tailored to provide optimal personal safety and aesthetics. All houseboats shall float a minimum of eight feet above mean lower/low water. A greater depth may be required by conditional use permit, subject to surrounding uses.
(Ord. 1167 § 2, 2003)
§ 10.44.150 Reserved.
(Ord. 1167 § 2, 2003)
§ 10.44.160 Houseboats.
A.
Purpose and Applicability. Houseboats are subject to the requirements of this section when allowed by Chapter 10.22 (Residential Zoning Districts) or 10.24 SMC (Commercial Zoning Districts) in the H or W-M zoning districts. In addition to the general purposes of this chapter, the specific purposes of this section regulating houseboats are as follows:
1.
To provide a unique residential opportunity in water areas;
2.
To ensure compatibility with adjacent land uses;
3.
To ensure environmentally sensitive use of water areas for residential uses;
4.
To provide specific regulations governing the reconstruction, alteration, and exterior remodeling of houseboats;
5.
To ensure houseboat design reflects the maritime character of the area and encourages creativity and variety;
6.
To preserve existing water views, privacy and sunlight for adjacent homes; and
7.
To provide for public access to the shoreline.
B.
Residential Density. The maximum density for residential uses in the H zoning district is one dwelling unit per 10,000 square feet, as specified in SMC § 10.40.030 (Minimum parcel standards). For houseboats located in marinas or harbors and outside the H zoning district, the maximum density shall be 10 percent of the total number of berths in the marina or harbor. The 10 percent total includes the combination of any houseboats and liveaboards (SMC § 10.44.170, Liveaboards).
C.
Houseboat Requirements. Houseboats shall be used or occupied for living quarters, either permanently or on a temporary basis, within the City, only in designated locations (as specified by the City), or in conformance with subsection A of this section (Purpose and Applicability). Houseboats must meet the following additional requirements:
1.
Construction. Every houseboat shall be inspected and approved by the Sausalito Building Official, or any individual qualified to render such inspection and duly authorized by the City to review buoyancy, windage, stability and structure, and for compliance with this section.
2.
Safety. Every houseboat shall be supplied with lifesaving equipment and extinguishers, access to circumference of the houseboat, and adequate means of egress.
3.
Water Connection. Every houseboat shall have a secure water connection above the waterline with an approved backflow prevention device subject to the approval of the Sausalito Building Official and Fire Marshal.
4.
Electrical Connection. Every houseboat shall have a permanent and adequate electrical connection.
5.
Sewer. Every houseboat shall be connected to a public sewer system with adequate vents, tanks and ejector devices, consistent with the Uniform Building Code. Should a public sewer not be available, then other devices acceptable to the Regional Water Quality Control Board may be used.
6.
Mooring. Every houseboat shall maintain adequate lines, cleats and other necessary mooring equipment. This shall be inspected by the owner and/or operator of the marina or property upon which or within which such watercraft are located preceding the winter season.
7.
Gangway (Secondary Walkway). Every houseboat shall have a firm and substantial walkway extending from houseboat to mooring docks.
8.
Construction Specifications. All construction shall conform to the specifications of the most recent Uniform Building Codes adopted by the City of Sausalito.
D.
Permit Required for Construction or Alteration of, or Moving Houseboat into, City. No person shall commence the construction, alteration or renovation of any houseboat within the City, or move a houseboat into the City, for use within the City, until a permit authorizing such work has been obtained from the Building Official. The fees for such permits shall be based upon the rates established by the latest Building Division fee schedule adopted by the City Council. All and any work thereafter shall comply with the requirements set forth in this section.
E.
Development Standards. All reconstruction, alteration, and exterior remodeling of houseboats shall comply with the following standards:
1.
The houseboat shall not exceed a maximum height of 18 feet, as measured according to SMC § 10.40.060 (Height requirements);
2.
The maximum floor area of a houseboat, as specified in SMC § 10.40.040 (Floor area ratio), shall not exceed 1,700 square feet;
3.
The floor area of any story above the lowest story of a houseboat shall not exceed 80 percent of the floor area of the story immediately below; and
4.
In addition to the setback requirements for the district, the clear separation between houseboats on one parcel shall be at least 10 feet, plus an additional five feet for each story in excess of one story in each vessel, to a maximum distance of 20 feet.
F.
Design Standards. Houseboats should be designed to include the following:
1.
Compatible scale to recreational boats and other houseboats in the vicinity. Compact, well-organized interior spaces are encouraged.
2.
Large, two-story houseboats in areas of predominantly small, one-story houseboats or small recreational boats are discouraged.
3.
Roof lines designed to visually reduce boat's bulk (e.g., curved, sloped or other articulated roof lines).
4.
Architectural details and enhanced character to eliminate "box-like" appearance (e.g., eaves, bay windows, decks).
G.
View and Water Access Standards.
1.
Views, Sunlight and Privacy. Houseboats should be placed so that they preserve, to the greatest extent possible, existing water views, privacy, and sunlight for adjacent homes. Design review approval shall not be granted if the proposal significantly obstructs water views, either from nearby structures, or from a distance.
2.
Water Access. Provision of public access to the shoreline is encouraged on parcels containing houseboat marinas and may be required as a condition of approval of discretionary permits.
H.
Parking Standards. All houseboats shall provide off-street parking in the amount and manner specified in SMC § 10.40.100 (Parking standards) et seq.
I.
Multiple Units (H District Only). A conditional use permit shall be required for multiple-unit residential houseboats (not to exceed three units). Any application shall provide evidence of the multiple-unit houseboat's historic significance to the City of Sausalito and the houseboat's historic use as a duplex or three-unit floating residence. The Community Development Director, upon consultation with the Historic Preservation Commission, shall determine the adequacy of the evidence.
J.
Commercial Uses. Commercial uses of any houseboat shall be limited to ancillary home occupations.
(Ord. 1167 § 2, 2003)
§ 10.44.170 Liveaboards.
A.
Purpose. Liveaboards are subject to the requirements of this section, as provided by Chapter 10.24 SMC (Commercial Zoning Districts) and when allowed in the W or CW zoning districts in accordance with Table 10.24-1. In addition to the general purposes of this chapter, the specific purposes of allowing and regulating liveaboards on private vessels in recreational marinas or harbors are as follows:
B.
Applicability. Any vessel occupied in its berth for more than 180 nights in a calendar year shall be classified as a liveaboard vessel and subject to this section.
C.
Residential Density. The maximum density for residential uses in the CW and W zoning districts shall be 10 percent of the total number of berths in the marina or harbor. The 10 percent total includes the combination of any liveaboards and houseboat uses (SMC § 10.44.160, Houseboats).
D.
Liveaboard Requirements. Use or occupancy of a sailing vessel for living quarters, either permanently or on a temporary basis, shall be in conformance with subsection A of this section (Purpose). Liveaboards shall also meet the following additional requirements:
1.
Safety. Every boat shall be supplied with lifesaving equipment and extinguishers and other safety equipment and placards as specified in the current United States Coast Guard regulations, access to circumference of the boat, and adequate means of egress.
2.
Reserved.
3.
Sewer. Every boat shall be connected to a public sewer system with adequate vents, tanks and ejector devices. Should a public sewer not be available, other devices acceptable to the Regional Water Quality Control Board and United States Coast Guard may be used. Holding tanks designed and intended to accept all waste discharges from boats may be approved by the City where direct sanitary sewer connections cannot be accomplished and the marina or harbor has pump-out facilities or is under contract with a pump-out service.
4.
Mooring. Every boat shall maintain adequate lines, cleats and other necessary mooring equipment at all times. This shall be inspected by the owner and/or operator of the marina or property upon which or within which such watercraft are located preceding the winter season.
5.
Navigable Vessels. Every vessel shall be able to move under its own power (sail or engine). Vessels inoperable for more than 90 consecutive days shall be classified as houseboats and subject to the requirements of SMC § 10.44.160 (Houseboats) and shall not be deemed legal, nonconforming liveaboard uses.
E.
Parking Standards. Off-street parking spaces shall be provided in the amount and manner specified in SMC § 10.40.100 (Parking standards) et seq.
F.
Commercial Uses. No vessel used for liveaboard purposes may be used for commercial uses except marine service vessels. The provision of paid crew is not a commercial use under this section.
G.
Dockside Charters. Dockside charters shall be prohibited. No vessel used for liveaboard purposes shall be rented or chartered except where the provision of living accommodation is incidental to the operation of the vessel. A minimum term of 30 days shall be required for liveaboard tenants, all boats used for liveaboard purposes must be operable, and the primary liveaboard tenant shall know how to operate the vessel that he or she is renting.
H.
Low and Moderate Income Housing. As vacancies occur, marina operators shall give preference to qualified low and moderate income tenants until such tenants constitute at least 50 percent of the liveaboard vessels in the marina.
(Ord. 1167 § 2, 2003; Ord. 1205 § 32, 2012)
§ 10.44.180 Veterinary clinics.
When allowed by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations) in the zoning districts that are subject to the marinship (-M) overlay district, veterinary clinics are subject to the requirements of this section:
A.
Boarding. Veterinary clinics may offer short-term boarding of animals to serve the primary purpose of providing health care for animals.
B.
Noise. All areas where animals have access or are kept shall be soundproofed to contain all sounds on-site prior to the issuance of a zoning permit.
(Ord. 1167 § 2, 2003)
§ 10.44.190 Residential uses in commercial districts.
A.
Purpose and Applicability. Residential uses located in CC, CR and CN zoning districts are subject to the requirements of this section, as provided by SMC § 10.24.030 (Allowable land uses, commercial zoning districts). In addition to the general purposes of this chapter, the specific purposes of regulating residential uses in commercial zones are as follows:
1.
To further the objectives of the 1985 Traffic Initiative by prohibiting conversion of existing residential uses to commercial uses;
2.
To provide valuable opportunities for affordable housing while locating residential land uses adjacent to active commercial areas, to implement the goals and policies of the General Plan and specific programs in the Housing Element;
3.
To encourage the retention of existing residential uses in the central commercial (CC), mixed commercial and residential (CR), and neighborhood commercial (CN-1) zoning districts, by prohibiting the conversion of existing upper story residential units to commercial uses; and
4.
To encourage a mix of residential and commercial uses in the central commercial (CC), mixed commercial and residential (CR) and neighborhood commercial (CN-1) zoning districts, by retaining commercial use on the first (ground or street) levels and requiring that residential use is the only allowed use on all levels above the ground level in the mixed use commercial districts, as specified in this section.
B.
When Permitted.
1.
Residential uses in the central commercial (CC), mixed commercial and residential (CR), and neighborhood commercial (CN-1 and CN-2) zoning districts are allowed as follows:
a.
Central Commercial (CC) Zoning District. Except as otherwise provided by subsection D of this section, all uses located above the first (street or ground) level of all existing and new structures shall be residential. Existing residential uses located in the CC zoning district may be converted to commercial uses with the issuance of a minor use permit pursuant to Chapter 10.58 SMC (Minor Use Permits). Deed restricted affordable units may not, however, convert to commercial use until expiration of the deed restriction.
b.
Mixed Commercial and Residential (CR) Zoning District. All uses located above the first (street or ground) level of all existing and new structures shall be residential. Existing residential uses as of December 1, 1984, located in the CR zoning district may not be converted to other uses as required by the 1985 Fair Traffic Initiative (Ordinance No. 1022).
c.
Neighborhood Commercial (CN-1) Zoning District. All uses located above the first (street or ground) level of all existing and new structures shall be residential in the CN-1 zoning districts located in the Second and Main Street area and the Bridgeway and Spring Street area.
d.
Neighborhood Commercial (CN-2) Zoning District. Residential uses are not permitted in the CN-2 zoning district located along Bridgeway between Coloma Street and Ebbtide Avenue.
2.
Existing residential uses located on the first (street or ground) level of a structure are permitted to remain in their current location.
C.
Permit Applications for Residential Units.
1.
Development Standards. Development standards shall be those of the base zoning district for residential projects per Table 10.24-2 (Site Development Standards – Commercial Zoning Districts).
2.
Requirements for Affordable Units. Except as otherwise provided by subsection D of this section, each of the following requirements shall be met as a part of any residential project, including new construction and/or conversion of existing building space:
a.
Developments with five or more units shall include at least 20 percent of the units as affordable. For fractions of required affordable units, the developer may elect, at his or her option, to construct the next higher whole number of affordable units, or pay the residential affordable housing in-lieu fee in the amount set forth by City Council. In the event that the affordable unit(s) are rental unit(s) the applicant shall enter into an agreement with the City regarding such unit(s). The agreement shall meet the requirements of California Civil Code Section 1954.52(b).
b.
Affordable units made available as rentals shall be provided to low income (80 percent AMI) households at an affordable rent.
c.
Affordable units made available as ownership units shall be sold to moderate income (120 percent AMI) households at an affordable ownership housing cost. Purchasers of affordable units must remain as owner-occupants, and may not rent or lease the unit, unless written approval is first obtained from the Director. The Director may approve the renting or leasing only if all of the following conditions are met: (i) the term is not greater than 12 months and cannot be extended without the Director's written approval; (ii) the owner demonstrates to the Director's reasonable satisfaction that the owner will incur substantial hardship if he or she is not permitted to rent or lease the property or any part thereof to a third party; and (iii) the rent does not exceed the lesser of: (A) 30 percent of the income of the tenant household that is renting the property, or (B) the owner's monthly cost of principal and interest on the first mortgage loan and any second mortgage loan, and property insurance and property taxes associated with property. Affordable units shall be constructed to include a minimum of two bedrooms in order to accommodate families.
d.
Affordable units must be deed-restricted for a period of not less than 40 years.
3.
Incentives. The following incentives and conditions shall be granted to developers of residential projects under this section, where a project does not otherwise qualify for incentives under Government Code Section 65915:
a.
Development may permit commercial and residential tenants to share parking, and for tandem and off-site parking leases with a minor use permit. In order to approve a minor use permit for joint use, the applicant shall demonstrate the following:
i.
There is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed; and
ii.
The proposed joint use parking area is conveniently located to the uses to be served.
iii.
If the area to be used for parking and the parcel on which the subject land use is located are not the same, then the Zoning Administrator shall consider whether a deed restriction is warranted as a condition of approval. Said deed restriction would stipulate that the shared parking agreement shall remain in effect for the life of the subject land use.
b.
Affordable units may be permitted to be smaller in aggregate size and have different interior finishes and features within reason from market-rate units. The interior amenities in affordable units should generally be the same as those of the market rate units in the project. Appliances need not be the same make, model, or type of such item as long as they are of good and new quality and are consistent with current standards for housing. Deviations between market rate and affordable units shall be described in writing by the applicant and shall require written approval by the Director.
4.
Access and Facilities. Both market rate and affordable units shall maintain separate entrances from commercial and/or office uses. A minor use permit shall be required to deviate from the separate entrance requirement. In order to approve a minor use permit for joint entrance, the applicant shall demonstrate that the addition of a separate entrance is infeasible due to physical constraints. All residential units shall contain a separate kitchen and bathroom facility.
D.
Modification to Residential and Affordable Housing Requirements.
1.
Projects proposed within existing buildings or structures shall not be required to create residential units that do not already exist under the following circumstances: (a) the project proposed does not include a physical expansion to the existing buildings or structures exceeding 1,000 square feet, (b) the proposed project involves a historic structure and a certificate of appropriateness issued for the project pursuant to Chapter 10.46 SMC, or (c) the Planning Commission finds, based on substantial evidence, that the conversion of existing space to residential uses is physically or financially infeasible.
2.
Affordable units shall not be required to provide a minimum of two bedrooms upon a finding by the Planning Commission that there are physical site constraints which make infeasible units with two or more bedrooms.
3.
An applicant may apply for a reduction, adjustment, or waiver of the affordable housing requirements of this section based upon a showing that applying the requirements of this section would result in an unconstitutional taking of property or would result in any other unconstitutional result. The applicant shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation, and shall bear the burden of presenting the requisite evidence to demonstrate the alleged unconstitutional result. The Planning Commission may, based upon legal advice provided by or at the behest of the City Attorney, approve a reduction, adjustment, or waiver if the Planning Commission determines that applying the affordable housing requirements of this section would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. The reduction, adjustment, or waiver shall be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, and based on legal analysis and the evidence. If a reduction, adjustment, or waiver is granted, any change in the project shall invalidate the reduction, adjustment, or waiver, and a new application shall be required for a reduction, adjustment, or waiver pursuant to this section.
4.
Other modifications to the residential requirements of this section or development standards may be approved by variance in accordance with Chapter 10.68 SMC, except that a variance to convert residential uses existing as of December 1, 1984, to other uses may not be approved by variance while the 1985 Fair Traffic Initiative (Ordinance No. 1022) remains in effect.
(Ord. 1224 § 1, 2014; Ord. 05-2025 § 2 (Exh. A), 2025; Ord. 1167 § 2, 2003)
§ 10.44.200 Recycling collection stations.
Recycling collection stations are subject to the requirements of this section, as provided by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations). A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.
A.
Purpose. The purpose of this section is to establish standards for the placement of recycling facilities, in accordance with State law, in a manner that will protect the health, safety and general welfare of the community.
B.
Parking Requirements.
1.
The area of the parking lot used by the facility and the attendant may not reduce available parking spaces below the minimum number required for the principal use of the site.
2.
Mobile recycling units shall have an area clearly marked to prohibit other vehicles parking during hours when the mobile unit is scheduled to be present.
3.
Recycling facilities shall not interrupt existing circulation patterns. Additional parking and/or temporary parking may be required.
C.
Property Owner and Supermarket Responsibilities.
1.
Litter. Every property owner who agrees, by contract or otherwise, to the placement, construction, and/or operation of a recycling facility on his property shall be responsible for ensuring that the premises surrounding such facility are maintained free of litter, recyclable materials, and other debris.
Every supermarket which contracts for the placement, construction, and/or operation of any recycling facility within the convenience zone of such supermarket shall be responsible for ensuring that the premises surrounding such facility are maintained free of litter, recyclable materials, and other debris.
2.
Information Signs. Every supermarket shall post, in convenient and visible locations within the supermarket or at the entrances or exits thereof, the locations of each permitted recycling facility within the convenience zone of such supermarket.
E.
Use Requirements. Recycling collection stations shall not generally use power-driven processing equipment except in the case of some reverse vending machines. Collection facilities may include the following:
1.
Reverse Vending Machine(s). In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
2.
Small collection facilities that occupy an area of not more than 500 square feet and may include:
3.
Large collection facilities that may occupy an area of more than 500 square feet and may include permanent structures.
(Ord. 1167 § 2, 2003)
§ 10.44.210 Restaurants.
Any proposed restaurant is subject to the requirements of this section, as provided by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations).
A.
Standard Requirements. The following uses are excluded in all zoning districts and are not included in the definition of restaurants:
1.
Retail catering establishments without on-site dining or accessory to a grocery store.
2.
Establishments serving customers within their automobiles on the premises or preparing food intended for consumption within automobiles on the premises.
3.
Establishments primarily preparing food intended for consumption off the premises.
B.
Music and/or Dancing. Music and/or dancing are only permitted as an accessory use to an approved eating or drinking establishment.
2.
Findings. The Zoning Administrator may approve or conditionally approve a minor use permit if the following findings can be made in addition to those required by SMC § 10.58.050:
3.
Conditions. All minor use permits for music and/or dancing must meet the following conditions:
a.
Under Planning Division supervision and at the cost of the applicant, prior to commencement of use the ambient noise levels shall be established from specific residential properties within 300 feet of the restaurant premises. The location of the ambient noise measurements shall be established by the Community Development Director during the completeness review of the minor use permits application.
b.
Under Planning Division supervision and at the cost of the applicant, noise measurements shall be taken after commencement of the use to ensure that the noise source does not exceed "audible" levels (see Chapter 10.88 SMC for definition of "audible"). Thereafter, testing shall be done at any time so directed by the Community Development Director.
c.
Noise from the music and/or dancing shall not be audible from any residential property or from within any residential unit.
d.
Music and dancing shall only be allowed between the hours of 9:00 a.m. and midnight.
C.
Alcoholic Beverages. The sale of alcoholic beverages in restaurants is subject to the permits identified in Table 10.44-2 (Permits Required for Alcoholic Beverage Sales in Restaurants):
Table 10.44-2 PERMITS REQUIRED FOR ALCOHOLIC BEVERAGE SALES IN RESTAURANTS | |||
|---|---|---|---|
Permitted Sales | District | Permit | |
Establishments serving any alcoholic beverage for consumption on the premises | CC, CN, CW, IM | CUP | |
Establishments serving beer and wine only | CR, W | MUP | |
MUP CUP | Minor use permit (Chapter 10.58 SMC) Conditional use permit (Chapter 10.60 SMC) | ||
D.
Waterfront Zoning District with Marinship Overlay (W-M). Commercial food service and small-scale restaurants in the waterfront marinship (W-M) zoning district shall meet the following requirements:
1.
A needs analysis shall be completed that addresses the need to serve employees in the marinship and the amount of food service square footage that will be allowed.
2.
Occupancy shall be based on needs analysis and shall be limited to 20 persons.
3.
A finding is required that the location and signing does not encourage use by persons outside the marinship.
E.
Industrial Marinship (IM) District. Eating establishments located within an existing industrial or office structure as accessory uses are permitted. Independent restaurants shall be subject to the following requirements:
(Ord. 1167 § 2, 2003; Ord. 1205 § 33, 2012)
§ 10.44.220 Restaurants – Outdoor dining areas.
A.
Purpose. In addition to the general purposes of this title, the specific purposes of allowing and regulating outdoor dining areas for restaurants are as follows:
1.
To meet the desires of Sausalito residents to dine outdoors;
2.
To provide for the use of public sidewalks for outdoor dining consistent with the public's preeminent right to use the right-of-way for public passage and travel;
3.
To provide for improved business to restaurants and surrounding businesses;
4.
To allow Sausalito restaurants to be competitive with restaurants in neighboring communities that provide for outdoor dining;
5.
To protect the economic and social health and safety of Sausalito; and
6.
To provide a process for restaurant owners to request and obtain sidewalk dining encroachment permits.
B.
Private Property. Outdoor dining areas located on private property where an approved restaurant is located shall require a minor use permit pursuant to the provisions of Chapter 10.58 SMC (Minor Use Permits).
C.
Sidewalks. Outdoor dining on sidewalks shall require the issuance of a minor use permit from the Zoning Administrator and a sidewalk dining encroachment permit by the Community Development Department as outlined in SMC Title 17 (Streets, Sidewalks, and Public Places) and shall meet the requirements of this subsection.
1.
Encroachment Defined. For the purposes of this section, "encroachment" is defined to include, but not be limited to, any utility, stairs on grade, sidewalk, curb and gutter, newspaper vending machine, garbage can, street excavation, installation and maintenance of landscaping, installation and maintenance of driveways with cuts or fills of less than six feet and concrete or asphalt surfacing, any dining table and/or chair and any device or structure intentionally placed within the public right-of-way.
2.
Authority. The Zoning Administrator is authorized to issue minor use permits and the Community Development Director is authorized to issue sidewalk dining encroachment permits for encroachments defined by this section only after approval of a minor use permit for this use.
3.
Conditions. Permit issuance shall be subject to any special conditions imposed by the Community Development Department deemed necessary to protect the City's interests and to assure public safety and welfare, the provisions of this title and all other provisions of applicable City and State laws. The following standard conditions shall also apply:
a.
Safe Passage. The Community Development Director shall make a determination regarding the adequacy of the passageway. The sidewalk immediately adjacent to the restaurant shall have adequate space to accommodate tables and chairs and shall provide adequate safe passage along the sidewalk for pedestrian and wheelchair users of the sidewalk. Safe and adequate passage of 48 inches' width shall be provided both along the sidewalk and from the curb to the sidewalk (to provide for two pedestrians walking side by side or by a single wheelchair). No tables or chairs shall be placed or allowed to remain on any sidewalk that inhibit passage.
b.
Location. Permits shall only be issued to allow the use of sidewalk immediately adjacent to the restaurant seeking the permit. The Community Development Department shall determine the most appropriate location along the sidewalk for the applicant's tables and chairs. The permit shall include a map of the portion of the sidewalk where tables and chairs may be located.
c.
Cleanliness. Debris, litter or food matter shall be removed from the sidewalk, streets or surrounding property at least once each day during operating hours and at the time tables and chairs are removed from the sidewalk.
d.
Food Service. The establishment obtaining the permit shall be engaged in food service and shall provide such service at the tables subject to the permit.
e.
Insurance. The applicant shall obtain liability insurance with policy limits of at least $500,000 per incident. The City shall be named an additional insured and the policy shall remain in force at all times that the permit is in effect.
f.
Hold Harmless. The applicant shall enter into a sidewalk dining encroachment permit agreement prepared by and satisfactory to the City Attorney. The applicant shall agree to conform to these conditions and all applicable City ordinances. The applicant shall also agree to indemnify the City and hold the City harmless from and against all liability arising out of the applicant's activities under the permit or otherwise arising out of the applicant's placement of tables and chairs in the City sidewalk and/or from permitting the use of such tables and chairs by patrons or otherwise.
g.
Orderliness. All tables and chairs shall be removed from the sidewalk whenever the restaurant is closed or when the restaurant is not serving patrons on the sidewalk. The permit shall provide for the placement of tables and chairs for the use of diners only. The restaurant shall not be permitted to place any other structures or objects of any sort along or in the sidewalk. No entertainment shall be permitted along the sidewalk by the restaurant. No food preparation shall take place along the sidewalk, and no serving trays or bus stations shall be located along the sidewalk.
h.
Preeminence. The applicant shall acknowledge that its use of the sidewalk under the permit is subordinate to the public's right to use the sidewalk for passage and travel. The permit shall be revocable from time to time by order of the City to allow for a public event or other public use of the sidewalk subject to the permit or if the use of the sidewalk for dining purposes conflicts with any public use of the sidewalk. The applicant shall also acknowledge that the use of the sidewalk is subject to temporary suspension any time the City or any utility company or easement holder requires access to the sidewalk or any utility under the sidewalk, or requires use of the sidewalk in conjunction with any construction project.
i.
Fee. The applicant shall be required to pay the City an annual permit fee, based on square footage of the permit area, as established by resolution of the City Council.
j.
Compliance with All Regulations. The applicant shall comply with all regulations of State Alcoholic Beverage Control and the County of Marin Department of Public Health, and any other agency that controls the operations of the restaurant.
k.
Revocable. All sidewalk dining minor use permits and sidewalk dining encroachment permits shall be subject to permanent revocation by the City at any time.
4.
Validity. Sidewalk dining encroachment permits become valid with signatures of the Community Development Director and the applicant. A copy of the valid permit shall be placed on file with the Community Development Department.
5.
Alcoholic Beverages. Consumption of alcoholic liquor or other alcoholic beverages on any public street, sidewalk or passageway or in any park or playground or highway shall require City Council approval. The consumption may be allowed at any special civic event when policing is adequately provided.
D.
Capacity of Outdoor Eating Area. An outdoor eating area on private property shall not exceed the most restrictive of the following limits, unless otherwise authorized by the Zoning Administrator in the required minor use permit:
E.
Parking. Eating establishments with outdoor eating areas in public rights-of-way shall be exempt from additional parking requirements. The following requirements apply:
1.
Additional outdoor eating areas (on site) shall be subject to the same parking requirements as indoor eating areas.
2.
Eating establishments without public street frontage shall be exempt from additional parking requirements for on-site outdoor eating areas in the amount that would have been allowed if there were public street frontage. However, any additional on-site outdoor eating areas shall be subject to the same parking requirements as indoor eating areas.
(Ord. 1167 § 2, 2003; Ord. 1205 § 34, 2012)
§ 10.44.230 Visitor serving stores in the CC district and art galleries in the CR district.
A.
Purpose. In addition to the general purposes of this chapter, the specific purposes of regulating the location and number of visitor serving stores are as follows:
B.
Applicability. The following uses are determined to be visitor serving and are subject to the requirements of this section:
1.
Apparel stores which inventory and sell the following types of apparel as more than 10 percent of their total display area and/or more than 10 percent of their window display area, either cumulatively or individually: tee shirts, baseball caps, sweatshirts, windbreakers, and fleecewear.
2.
Art dealers including any store that engages in retail sales of art objects, including but not limited to paintings, graphic arts, sculpture or glass but excluding any art dealer primarily engaged in the sale of original art objects.
3.
Camera stores.
4.
Candy stores.
5.
Eating places selling frozen dessert products including any eating place that sells as a primary product dessert products made of ice cream, frozen yogurt, freezes, ices, gelato and frozen custard.
6.
Gift, novelty and souvenir stores engaged in the sale of any, or a combination, of the following: balloons, curios, novelties, postcards, souvenirs or any items bearing local place names.
7.
Jewelry stores primarily engaged in the sale of costume jewelry.
8.
Miscellaneous amusements including astrologers, palm readers, phrenologists, and fortunetellers.
9.
Miscellaneous personal services including spas, steam baths, tattoo parlors and Turkish baths.
10.
Photo supply stores.
11.
Photo finishing laboratories.
12.
Art dealers that engage in the sale of original works of art in the CR district.
C.
Conditional Use Permit Required. A conditional use permit (Chapter 10.60 SMC) shall be required for any new visitor serving store in the CC district, any change from one type of visitor store to another type of visitor store, or for any art dealer selling original works of art in the CR district.
D.
Findings Required. In addition to the findings required by SMC § 10.60.050 (Findings), the following findings shall be made prior to issuance of conditional use permits for visitor serving stores in the CC district or for any art dealer selling original works of art in the CR district:
1.
The proposed use will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations.
2.
The proposed use will not result in an over-concentration of a specific use within the district.
3.
The proposed use would be mutually beneficial to, and would enhance the economic health of, surrounding uses in the district.
4.
The proposed use will enhance and maintain the efficient use of available public and/or private parking in the applicable district.
E.
Expansion. Visitor serving stores in the CC district may be expanded subject to the following limitations:
1.
Any land uses located in the CC zoning district which have existed prior to August 19, 1994, and that are allowed with a conditional use permit, shall not be enlarged or relocated if the floor area size increases by more than 20 percent without the issuance of a conditional use permit.
2.
Whenever this title requires a determination of the predominance of an item or items of merchandise, or as to the amount of space devoted to a given use or to a line or lines of merchandise, the calculation shall be made with regard to the merchandise that is regularly located and maintained on the sales floor, and shall exclude any merchandise maintained or regularly located in any storage area or other nonretail space. In the instance where the calculation is required for a use existing as of August 19, 1994, the sales floor shall refer to the sales floor as it was configured on August 19, 1994.
F.
Transfer/Grandfathering. Visitor-serving stores in the CC district and art dealers selling original works of art may be transferred to another location with the approval of a minor use permit, provided the following requirements are met:
1.
The floor space is equal to, or less than, the previously occupied space;
2.
Zoning allows a visitor serving use in the new location;
3.
Less than three similar stores are located within a 300-foot radius of the new site;
4.
The previously occupied space is no longer occupied by a visitor serving store.
(Ord. 1167 § 2, 2003; Ord. 1205 §§ 35, 36, 2012)
§ 10.44.240 Formula retail.
A.
Purpose. The purpose of the standards in this section regulate the location and operation of formula retail establishments in order to maintain the City's unique village character, the diversity and economic vitality of the community's commercial districts, and the quality of life of Sausalito residents. The City has determined that preserving unique architecture, signage, graphic and other design elements so that the City maintains a distinctive visual appearance and small-scale eclectic ambiance will promote the long-term viability of the community's business districts. The City has also determined that preserving a balanced mix of local-, regional-, and national-based businesses and small and medium sized businesses will maintain and promote the long-term economic health of visitor serving businesses and the community as a whole. It is therefore the intention of the City that an over-concentration of formula retail businesses not be allowed, that all permitted formula retail establishments shall create a unique visual appearance that reflects and/or complements the distinctive and unique historical character of Sausalito, and that no such establishment shall project a visual appearance that is homogeneous with its establishments in other communities.
B.
Applicability. "Formula retail" means a type of retail sales activity or retail sales establishment, including food service, which is required to maintain any of the following: standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, sign, decor, architecture, layout, uniform, or similar standardized feature. "Service stations" as defined in Chapter 10.88 SMC are exempt from these formula retail provisions.
C.
Conditional Use Permit Required. A conditional use permit shall be required for any formula retail establishment in the City.
1.
A formula retail establishment may be allowed only in the central commercial, shopping center and neighborhood commercial districts and only with a conditional use permit;
2.
The expansion of any existing formula retail establishment shall require a conditional use permit if the establishment does not already have a conditional use permit;
3.
The cumulative expansion of a permitted formula retail establishment by 500 or more square feet of floor area shall require a conditional use permit amendment; and
4.
A formula retail establishment shall fully comply with all applicable regulations of this code including design review.
D.
Required Findings for Approval. In addition to all of the findings required by SMC § 10.60.050, all of the following findings must be made prior to the issuance of a conditional use permit for a formula retail establishment:
1.
The formula retail establishment will be compatible with existing surrounding uses, and has been designed and will be operated in a non-obtrusive manner to preserve the community's distinctive character and ambiance;
2.
The formula retail establishment will not result in an over-concentration of formula retail establishments in its immediate vicinity or the City as a whole;
3.
The formula retail establishment will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;
4.
The formula retail establishment will contribute to an appropriate balance of local, regional or national-based businesses in the community;
5.
The formula retail establishment will be mutually beneficial to and would enhance the economic health of surrounding uses in the district;
6.
The formula retail establishment will contribute to an appropriate balance of small, medium and large-sized businesses in the community; and
7.
The proposed use, together with its design and improvement, is consistent with the unique historic character of Sausalito, and would preserve the distinctive visual appearance and shopping experience of Sausalito for its residents and visitors.
(Ord. 1167 § 2, 2003; Ord. 1184 § 2, 2007)
§ 10.44.250 Office conversions.
A.
Purpose. In addition to the general purposes of this chapter, the specific purposes of regulating the conversion of certain commercial uses to office uses are as follows:
B.
Applicability. A conditional use permit (Chapter 10.60 SMC) shall be required to convert any existing retail trade use, bank, eating and drinking establishment, or residential use to business or professional office within the CC, CR, CN and CW zoning districts use per the requirements of this section.
C.
Findings Required. In addition to the findings required by SMC § 10.60.050 (Findings), the following findings shall be made prior to issuance of conditional use permits to replace any retail, commercial service, or eating and drinking establishment use with an office use, as described above:
1.
The proposed use will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations.
2.
The proposed use will not result in an over-concentration of a specific use within the district.
3.
The proposed use would be mutually beneficial to, and would enhance the economic health of, surrounding uses in the district.
4.
The proposed use will enhance and maintain the efficient use of available public and/or private parking in the applicable district.
(Ord. 1167 § 2, 2003)
§ 10.44.260 Service stations.
Service stations are subject to the requirements of this section, when allowed by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations) in the applicable zoning district.
A.
Purpose. The purpose of regulating the use and conversion of service stations is to protect the public health, safety and welfare of the community by preserving available minor emergency services.
B.
Location. No service station shall be located adjacent to a lot in a residential zoning district.
C.
Use Limitations. Service stations shall offer gasoline, oil, tires, batteries, lubrication, light mechanical repairs and other services as specifically defined in Chapter 10.88 SMC (Definitions). The above-listed services may only be discontinued or converted to other uses if a conditional use permit or amendment thereto is obtained pursuant to Chapter 10.60 SMC (Conditional Use Permits).
D.
Accessory Use. As an accessory use, a service station may also provide a small retail sales area (mini-mart) subject to the following limitations:
E.
Conversion. An application to eliminate required services of an automobile service station or to convert the services to other uses shall not be approved or conditionally approved in whole or in part unless the Planning Commission makes the following findings:
1.
The loss of services and facilities will not adversely affect public health, safety and welfare by diminishing the availability of minor emergency services.
(Ord. 1167 § 2, 2003)
§ 10.44.270 Freestanding personal structures.
A.
Purpose. This section establishes standards for the placement of antennas, satellite dishes, digital satellite system (DSS) antennas, communication towers, personal communication service (PCS) facilities, flagpoles, totem poles, and other freestanding structures for personal and commercial use in all zoning districts that are not otherwise governed by Chapter 10.45 SMC (Standards and Criteria for Wireless Communications Facilities) or otherwise superseded by Federal regulations. The purpose of this section is to minimize the adverse impacts of such equipment and structures on neighborhoods and surrounding developments by limiting the height, number, and location of such devices.
(Ord. 1167 § 2, 2003)
§ 10.44.280 Offices, temporary.
Temporary office uses are subject to the requirements of this section, as provided by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations) for the applicable zoning district.
A.
Permitted Structures. Mobile homes, recreational vehicles, or modular units may be used as temporary business or construction offices during the course of construction of a permanent facility on the same site or as an office on the site of a temporary off-site construction yard and as further defined in Chapter 10.88 SMC (Definitions).
B.
Location. Temporary office structures must be located on private property unless an encroachment permit has been issued by the City of Sausalito.
C.
Length of Time. Temporary office structures may be located on a subject site for no more than one year unless the Zoning Administrator has authorized an extended period of time.
(Ord. 1167 § 2, 2003)
§ 10.44.290 Reserved.
(Ord. 1167 § 2, 2003)
§ 10.44.300 Temporary outdoor retail sales.
Outdoor retail sales are allowed in all zoning districts and are subject to the requirements of this section.
A.
Applicability. This section sets standards for temporary outdoor retail sales activities, including farmers' markets and seasonal sales. Permanent outdoor retail sales as a principal use are permitted only for the identified uses in subsection H of this section (Outdoor Display of Merchandise) and subject to the conditions specified in subsection I of this section (Conditions for Outdoor Display of Merchandise).
B.
General Requirements. The following standards apply to all temporary outdoor retail sales activities unless otherwise provided by this section:
1.
Hours of Operation. Daylight hours only, with all sales facilities, signs and any related vehicles removed from the site at the close of daily business. Night operations are allowed only when specifically authorized through conditional use permit approval unless otherwise provided by this section.
2.
Parking Requirement. None, provided sufficient open area is available to accommodate all employee and customer parking needs on the site, entirely outside of public rights-of-way other than designated parking spaces.
C.
Art and Craft Sales. The temporary outdoor sale of handcrafted items and artwork is allowed only in conjunction with a temporary event (SMC § 10.44.310, Temporary uses and events).
D.
Farmers' Markets. A farmers' market pursuant to this section is the temporary use of a site for the sale of food and farm produce items from parked vehicles and requires a conditional use permit (Chapter 10.60 SMC, Conditional Use Permits). Farmers' markets are also subject to all applicable provisions of Section 1392 et seq. of the California Food and Agriculture Code.
1.
Limitation on Use. Farmers' markets are limited to the sale of food and produce items, including raw and prepared foodstuffs, plants and cut flowers.
2.
Duration of Use. Farmers' markets shall occur no more than three days per week on any site, unless the land use permit approval specifically authorizes a longer duration.
E.
Seasonal Sales. Seasonal sales include the retail sale of holiday vegetation, including pumpkins and Christmas trees or other similar activity. Seasonal sales shall be of a noncommercial nature and sponsored by a group of persons residing in the neighborhood.
1.
Time Limit. The length of time during which seasonal sales may occur is limited to 30 days.
2.
Guarantee of Site Restoration. Security pursuant to SMC § 10.50.190 (Security for performance) is required to guarantee site restoration after use and operation in accordance with the standards of this section. When required, the guarantee shall be in the amount of $50.00 for each 5,000 square feet of use area.
3.
Hours of Operation. 8:00 a.m. to 9:00 p.m. for seasonal sales.
F.
Flea Markets and Swap Meets. Flea markets and small-scale swap meets shall be subject to the provisions of SMC § 10.44.310 (Temporary uses and events).
G.
Sales from Parked Vehicles. Sales from parked vehicles are prohibited except in an approved farmers' market.
H.
Outdoor Display of Merchandise. All uses of approved business shall be conducted within completely enclosed buildings except the following:
I.
Conditions for Outdoor Display of Merchandise. All permitted outdoor display uses shall comply with the following conditions:
1.
Use shall occupy an area no larger than five percent of that establishment's gross floor area devoted to retail sales within the building;
2.
Use shall not occupy any required parking area or any public right-of-way;
3.
Use shall not interfere with safe vehicular access to and from the site, emergency vehicle access, or pedestrian access, in the opinion of the City of Sausalito Community Development Department or the Police Department; and
4.
Use shall be directly adjacent to the building housing the retail establishment.
(Ord. 1167 § 2, 2003)
§ 10.44.310 Temporary uses and events.
This section applies to temporary events and land uses that are not normally allowed in a specified zoning district and are temporary in nature.
A.
Temporary Uses. Any use, except mobile homes, may be authorized on a temporary basis in any zoning district.
B.
Temporary Events. Temporary events involve the use of land or a building for an event of limited duration (see the definition of "temporary uses and events" in Chapter 10.88 SMC, Definitions). Temporary events are subject to the following requirements:
1.
Applicability.
a.
Commercial Recreational Events. A conditional use permit (CUP) shall be required for the establishment, maintenance and operation of any commercial recreational events in all zoning districts. Events shall include circuses, open-air theaters, or other similar establishments involving large assemblages of people.
b.
Outdoor Festivals/Concerts, Etc. A minor use permit (MUP) shall be required for outdoor festivals/concerts, arts and crafts fairs and similar short-term events in any zoning district.
c.
Temporary Events Not Subject to This Section. The following types of temporary events are not subject to the requirements of this section, and are also not subject to the permit requirements established by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations):
i.
Approved Public Assembly Sites. A temporary event conducted in an approved place of public assembly, such as a theater, convention center, or meeting hall.
ii.
Parades and Street Events. Parades and other temporary events within a public road right-of-way; provided, that all requirements of the City Engineer and Police Department are met.
iii.
Public Events. Admission-free events where the event is conducted at a public park or on other publicly owned land with the permission of the landowner. Public events shall comply with the requirements of subsections (B)(2) (Time Limits) through (B)(4) (Guarantee of Site Restoration) of this section for other types of temporary events.
The City Council may adopt, by resolution, standards for the above types of temporary uses.
2.
Time Limits. A temporary event shall be conducted for no more than nine consecutive days, except where a different time limit is established by the granting authority through permit conditions of approval.
3.
Site Design and Development Standards. All temporary events are subject to the following standards, except where alternate standards are established by the granting authority through permit conditions of approval:
a.
Access. Outdoor temporary events shall provide at least two unobstructed vehicle access points, each a minimum of 18 feet wide, from the event site to a publicly maintained road. Additional access shall be provided as required by the City Engineer or Police Department.
b.
Fire Protection. Facilities shall be provided as required by the Fire Department.
c.
Water Supply and Sanitation. Facilities shall be provided as required by the County Health Department.
4.
Guarantee of Site Restoration. A bond or cash deposit may be required for approval of a temporary event to guarantee site restoration after use and operation, as required by this section. The guarantee shall cover both operation and restoration, and is subject to the provisions of SMC § 10.50.190 (Security for performance).
(Ord. 1167 § 2, 2003)
§ 10.44.320 Medical marijuana dispensaries.
Repealed by Ord. 1248.[1]
(Ord. 1185 § 2, 2007)
[1]
Code reviser's note: Ordinance 1248, passed November 28, 2017, provides, "This Ordinance shall take effect immediately upon its execution by the Mayor and certification by the City Clerk, and shall be in effect for a period of forty-five (45) days, unless repealed, amended or extended by further action of the City Council as provided in Government Code section 65858." Ordinance 1249 extends Ordinance 1248 for 10 months and 15 days, up to and including November 24, 2018.
§ 10.44.330 Development standards for dwelling units in two-family and multiple-family residential zoning districts.
A.
Purpose and Intent. In addition to the general purposes of this chapter, the specific purposes of this section regulating units in the two-family and multiple-family residential zoning districts include the following:
1.
To modify the development standards of any single unit in the R-2-2.5 and R-3 zoning districts to more closely conform to the standards in the R-1-6 zoning district.
2.
To discourage the development of large single family residences located in the two-family and multiple-family residential zoning districts which leave no further development potential for future dwelling units.
3.
To discourage the conversion of existing two- and multiple-family housing to single-family housing.
4.
To implement the goals of the General Plan with respect to housing in the two-family and multiple-family residential zoning districts.
5.
To benefit homeowners in a variety of ways, such as by providing flexibility on sites and within structures; to provide additional revenue from adding a rental unit; to provide smaller units for residents seeking to downsize in their existing neighborhood; to help extended family members who wish to live in close proximity to each other.
6.
To ensure the compatibility of infill development in the context of Sausalito's historic resources.
B.
Applicability. These standards are applicable to all parcels in the R-2-2.5 and R-3 zoning districts. Properties listed on the National Register, California Register or Local Historic Register where no increase in floor area, building coverage or impervious surfaces are proposed are exempt from this section.
C.
Development Standards.
1.
Maximum Floor Area. No single dwelling unit on a parcel in the R-2-2.5 or R-3 zoning district shall exceed a maximum floor area ratio of the following dependent on parcel size:
Parcel Size | Maximum Floor Area Ratio |
|---|---|
6,000 square feet and greater | 0.45 |
3,000 to < 6,000 square feet | 0.65 – (((Total Parcel Size – 3,000)/3,000) x 0.2) |
Less than 3,000 square feet | 0.65 |
The remaining floor area ratio allowed on the parcel by Table 10.22-2 (Site Development Standards – Residential Zoning Districts) shall be documented and reserved for additional units on the parcel, as allowed by the maximum density on the parcel. In no case shall the total development exceed the maximum development standards allowed for the parcel pursuant to Table 10.22-2. See Figures 10.44.330(A) and (B) for example calculations of the applicable floor area ratio, maximum floor area for a single dwelling unit, and remaining floor area for additional dwelling units.
2.
Maximum Building Coverage. No single dwelling unit on a parcel in the R-2-2.5 or R-3 zoning district shall exceed a maximum building coverage of the following dependent on parcel size:
Parcel Size | Maximum Building Coverage |
|---|---|
6,000 square feet and greater | 35% |
3,000 to < 6,000 square feet | 50% – (((Total Parcel Size – 3,000)/3,000) x 0.15)% |
Less than 3,000 square feet | 50% |
The remaining building coverage allowed on the parcel by Table 10.22-2 (Site Development Standards – Residential Zoning Districts) shall be documented and reserved for additional units on the parcel, as allowed by the maximum density on the parcel. In no case shall the total development exceed the maximum development standards allowed for the parcel pursuant to Table 10.22-2. See Figure 10.44.330(C) for an example calculation of the maximum building coverage for a single dwelling unit and additional dwelling units.
3.
Maximum Impervious Surfaces. No single dwelling unit on a parcel in the R-2-2.5 or R-3 zoning district shall exceed a maximum impervious surface of the following dependent on parcel size:
Parcel Size | Maximum Impervious Surface |
|---|---|
6,000 square feet and greater | 67.5% |
3,000 to < 6,000 square feet | 75% – (((Total Parcel Size – 3,000)/3,000) x 0.075)% |
Less than 3,000 square feet | 75% |
The remaining impervious surfaces allowed on the parcel by Table 10.22-2 (Site Development Standards – Residential Zoning Districts) shall be documented and reserved for additional units on the parcel, as allowed by the maximum density on the parcel. In no case shall the total development exceed the maximum development standards allowed for the parcel pursuant to Table 10.22-2. See Figure 10.44.330(D) for an example calculation of the maximum impervious surfaces for a single dwelling unit and additional dwelling unit.
D.
Maximum Floor Area Exception. A one-time 200-square-foot maximum floor area exception to expand an existing single-family residence in R-2-2.5 and R-3 zoning districts, not to exceed the maximum floor area ratio allowed in the respective zoning district, may be allowed with a design review permit pursuant to SMC § 10.54.050(B)(19) subject to the following Planning Commission findings that the subject dwelling and/or improvements:
1.
Were built prior to the effective date of this section;
2.
Are functionally and aesthetically compatible with the existing improvements and the natural elements in the surrounding area;
3.
Are of a scale, intensity, and design that integrates with the existing character of the surrounding neighborhood; and
4.
Employ mass-reducing design such that the additional square footage over the maximum floor area is reasonably mitigated and does not result in overbuilding of the lot.
The one-time 200-square-foot exception is in effect for complete project applications received through April 17, 2024, after which time the exception is no longer in effect. |
Figure 10.44.330(A): Floor Area Ratio Example on an R-2-2.5 Parcel | |
|---|---|
Example: To calculate the maximum FAR for a single unit and additional units (as allowed) for a 5,000 square foot parcel in the R-2-2.5 zoning district, the following steps would be completed: | |
Step 1: To calculate the maximum FAR for a single unit on a 5,000 square foot parcel in the R-2-2.5 zoning district: | |
Max FAR = 0.65 – (((Total Parcel Size – 3,000)/3,000) x 0.2) | |
= 0.65 – (((5,000 – 3,000)/3,000) x 0.2) | |
= 0.65 – ((2,000/3,000) x 0.2) | |
= 0.65 – (0.66 x 0.2) | |
= 0.65 – 0.133 | |
= 0.52 FAR | |
Step 2: To calculate the maximum floor area for a single unit on a 5,000 square foot parcel in the R-2-2.5 zoning district: | |
Maximum Floor Area = FAR from Step 1 x Parcel Size | |
= 0.52 x 5,000 | |
= 2,600 square feet | |
Step 3: To calculate the remaining floor area for additional units (as allowed) on a 5,000 square foot parcel in the R-2-2.5 zoning district: | |
Maximum Floor Area for Additional Units = Total Maximum Floor Area for the Parcel – Maximum Floor Area for Single Unit | |
= (5,000 x 0.65) – (2,600 square feet [from Step 2]) | |
= 3,250 – 2,600 square feet | |
= 650 square feet | |
Therefore, the maximum floor area allowed for a single unit on a 5,000 square foot parcel in the R-2-2.5 zoning district unit is 2,600 square feet, with a remainder of 650 square feet reserved for floor area for additional units on the parcel. | |
Figure 10.44.330(B): Floor Area Ratio Example on an R-3 Parcel | |
|---|---|
Example: To calculate the maximum FAR for a single unit and additional units (as allowed) for a 5,000 square foot parcel in the R-3 zoning district, the following steps would be completed: | |
Step 1: To calculate the maximum FAR for a single unit on a 5,000 square foot parcel in the R-3 zoning district: | |
Max FAR = 0.65 – (((Total Parcel Size – 3,000)/3,000) x 0.2) | |
= 0.65 – (((5,000 – 3,000)/3,000) x 0.2) | |
= 0.65 – ((2,000/3,000) x 0.2) | |
= 0.65 – (0.66 x 0.2) | |
= 0.65 – 0.133 | |
= 0.52 FAR | |
Step 2: To calculate the maximum floor area for a single unit on a 5,000 square foot parcel in the R-3 zoning district: | |
Maximum Floor Area = FAR from Step 1 x Parcel Size | |
= 0.52 x 5,000 | |
= 2,600 square feet | |
Step 3: To calculate the remaining floor area for additional units (as allowed) on a 5,000 square foot parcel in the R-3 zoning district: | |
Maximum Floor Area for Additional Units (as allowed) = Total Maximum Floor Area Allowed for the Parcel – Maximum Floor Area for Single Unit | |
= (5,000 x 0.80) – (2,600 square feet [from Step 2]) | |
= 4,000 – 2,600 square feet | |
= 1,400 square feet | |
Therefore, the maximum floor area allowed for a single unit on a 5,000 square foot parcel in the R-3 zoning district unit is 2,600 square feet, with a remainder of 1,400 square feet reserved for floor area for additional units on the parcel. | |
Figure 10.44.330(C): Building Coverage Percentage Example on an R-2-2.5 or R-3 Parcel | |
|---|---|
Example: To calculate the maximum building coverage for a single unit and additional units (as allowed) for a 5,000 square foot parcel in the R-2-2.5 and R-3 zoning districts, the following steps would be completed: | |
Step 1: To calculate the maximum building coverage for a single unit on a 5,000 square foot parcel in the R-2-2.5 or R-3 zoning district: | |
Max Building Coverage = 50% – (((Total Parcel Size – 3,000)/3,000) x 0.15)% | |
= 50% – (((5,000 – 3,000)/3,000) x 0.15)% | |
= 50% – ((2,000/3,000) x 0.15)% | |
= 50% – (0.66 x 0.15)% | |
= 50% – 10% | |
= 40% | |
Step 2: To calculate the maximum building coverage for a single unit on a 5,000 square foot parcel in the R-2-2.5 or R-3 zoning district: | |
Max Building Coverage = Coverage from Step 1 x Parcel Size | |
Max Building Coverage = 40% x 5,000 | |
Maximum Floor Area = 2,000 square feet | |
Step 3: To calculate the remaining building coverage for additional units (as allowed) on a 5,000 square foot parcel in the R-2-2.5 or R-3 zoning district: | |
Maximum Building Coverage for Additional Units = Total Maximum Building Coverage for the Parcel – Maximum Building Coverage for Single Unit | |
= (5,000 x 50%) – (2,000 square feet [from Step 2]) | |
= 2,500 – 2,000 square feet | |
= 500 square feet | |
Therefore, the maximum building coverage allowed for a single unit on a 5,000 square foot parcel in the R-2-2.5 or R-3 zoning district unit is 2,000 square feet, with a remainder of 500 square feet reserved for building coverage for additional units on the parcel. | |
Figure 10.44.330(D): Impervious Surface Percentage Example on an R-2-2.5 or R-3 Parcel | |
|---|---|
Example: To calculate the maximum impervious surfaces for a single unit and additional units (as allowed) for a 5,000 square foot parcel in the R-2-2.5 and R-3 zoning districts, the following steps would be completed: | |
Step 1: To calculate the maximum impervious surfaces for a single unit on a 5,000 square foot parcel in the R-2-2.5 or R-3 zoning district: | |
Max Impervious Surfaces = 75% – (((Total Parcel Size – 3,000)/3,000) x 0.075)% | |
= 75% – (((5,000 – 3,000)/3,000) x 0.075)% | |
= 75% – ((2,000/3,000) x 0.075)% | |
= 75% – (0.66 x 0.075)% | |
= 75% – 5% | |
= 70% | |
Step 2: To calculate the maximum impervious surfaces for a single unit on a 5,000 square foot parcel in the R-2-2.5 or R-3 zoning district: | |
Max Impervious Surfaces = Impervious Surface from Step 1 x Parcel Size | |
= 70% [from Step 1] x 5,000 | |
= 3,500 square feet | |
Step 3: To calculate the remaining impervious surfaces for additional units (as allowed) on a 5,000 square foot parcel in the R-2-2.5 or R-3 zoning district: | |
Maximum Impervious Surfaces for Additional Units (as allowed) = Total Maximum Impervious Surfaces for the Parcel – Maximum Impervious Surfaces for Single Unit | |
= (5,000 x 75%) – (3,500 square feet [from Step 2]) | |
= 3,750 – 3,500 square feet | |
= 250 square feet | |
Therefore, the maximum impervious surfaces allowed for a single unit on a 5,000 square foot parcel in the R-2-2.5 or R-3 zoning district unit is 3,500 square feet, with a remainder of 250 square feet reserved for impervious surfaces for additional units on the parcel. | |
(Ord. 1217 § 2, 2014)
§ 10.44.340 Banks and financial service – retail in the CR District.
A.
Purpose. The purpose of the standards in this section is to regulate the location and operation of "banks and financial service – retail" establishments in the CR District in order to promote commercial uses that are local/resident serving and appropriate for the Caledonia Street area and that will increase the diversity and economic vitality of the local and immediate neighborhoods. Furthermore, it is the intention of the City that an over-concentration of "banks and financial service – retail" establishments in the CR District not be allowed and that any conditionally permitted establishments contribute to a well functioning, pedestrian-oriented experience.
B.
Applicability. "Banks and financial services – retail" means neighborhood-serving institutions which serve walk-in customers for the primary purpose of servicing financial transactions on site, including: Banks and trust companies; lending and thrift institutions. Such institutions that do not meet the criteria above shall be considered "office" use as defined later in this title.
C.
Conditional Use Permit Required. A conditional use permit shall be required for any "banks and financial service – retail" establishment in the CR District consistent with Chapter 10.60 SMC (Conditional Use Permits).
D.
Findings for Approval. In addition to the findings required by SMC § 10.60.050, all of the following findings must be made prior to the issuance of a conditional use permit for a "banks and financial service – retail" establishment in the CR District:
1.
The "banks and financial service – retail" establishment will not result in an overconcentration of "banks and financial service – retail" establishments in its immediate vicinity or the City as a whole; and
2.
The "banks and financial service – retail" establishment will contribute to the surrounding local-serving, retail businesses and the pedestrian-oriented experience of the CR Zone, and will be compatible with the surrounding residential uses.
(Ord. 1251 § 1 (Att. 1), 2018)
§ 10.44.350 Two-unit developments.
A.
Purpose and Intent. The purpose of this section is to provide regulations for the establishment of two-unit developments pursuant to and as defined in Government Code Section 65852.21. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Except where such provisions directly conflict with Section 66411.21 of the Government Code, the provisions of this section shall apply.
B.
Eligibility. Notwithstanding anything in this section to the contrary, a residential development containing no more than two residential units ("two-unit development") on one legal lot within the R-1 zone may be constructed following approval of by the Community Development Director, without discretionary review or a public hearing, if the proposed housing meets all of the standards set forth below. A two-unit development may be permitted under this section if the development proposes no more than two new units in total on the parcel or if it proposes to add one new unit to a lot with one existing unit. If a parcel includes an existing single-family dwelling, one additional unit may be developed pursuant to this section. If a parcel does not include an existing single-family dwelling, or if an existing single-family dwelling is proposed to be demolished in connection with the creation of a two-unit development, up to two units may be developed pursuant to this section.
C.
Incompatibility with the City's density limitations shall not provide a basis to deny a two-unit development that otherwise conforms to the requirements of this section.
D.
A two-unit development shall not be approved in each of the following circumstances:
1.
The two-unit development would require demolition or alteration of any of the following types of housing:
a.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
c.
Housing that has been occupied by a tenant in the last three years.
2.
The parcel subject to the proposed two-unit development is a parcel on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the two-unit development proponent submits an application.
3.
The parcel subject to the proposed two-unit development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City landmark or historic property or district pursuant to a City ordinance.
4.
The parcel subject to the proposed two-unit development does not satisfy the requirements specified in Section 65913.4(a)(6)(B) through (K), inclusive, of the Government Code.
E.
Objective Standards. Two-unit developments under this section shall conform to all objective property development regulations and design review standards of the zone in which the property is located including, but not limited to, setbacks, building height, building size, structural coverage, and impervious coverage, unless the applicant demonstrates that such zoning or design standard would have the effect of physically precluding the construction of up to two residential units on the parcel, or that would physically preclude either of the two units from being at least 800 square feet in floor area, subject to the following modifications:
1.
New dwelling units constructed under this section shall each be no more than 1,200 square feet in floor area. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California-licensed land surveyor.
2.
A setback of at least four feet is required from the rear and side property lines. Front yard setbacks shall be as required for the zone in which the property is located.
F.
Two-unit developments under this section shall be subject to the following additional standards and requirements:
1.
Privacy Impacts. To minimize privacy impacts on adjacent properties, the following requirements apply to walls with windows within eight feet of a property line abutting an adjacent residential use:
2.
Maximum Height. Any portion of a dwelling unit that is located within either the required side or rear setback area as set by the underlying zoning district as set forth in Table 10.22-2 shall not exceed a height of 16 feet. The dwelling unit shall otherwise comply with the height limits imposed for the underlying zoning district.
3.
Second-Story Decks and Balconies. Second story exterior decks and balconies, and rooftop decks, shall be setback a minimum of 15 feet from the property line of any adjacent residential use and shall be constructed over a volume of conditioned space of a dwelling unit.
4.
If a proposed dwelling unit will be connected to an on-site wastewater treatment system, the applicant shall provide a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
5.
Any dwelling unit, or portion thereof, that is constructed pursuant to an approval under this section shall only be used for rentals of terms of longer than 30 days. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built pursuant to authority under this section for a term that is 30 days or less.
6.
7.
Each dwelling unit constructed under this section shall comply with all applicable requirements related to utility and sewer connections.
G.
Filing, Processing and Action. A two-unit development that complies with all standards in this chapter shall be approved ministerially with an administrative permit. No discretionary review or public hearing is required. A building permit application may be submitted concurrently with the administrative permit application.
H.
The City shall act on an application for a two-unit development within 60 days from the date the City receives a completed application. If the applicant requests a delay in writing, the 60-day time period shall be tolled for the period of the delay. The City has acted on the application if it:
I.
The Community Development Director shall deny the two-unit development if either of the following is found:
1.
The two-unit development fails to meet or perform one of more objective requirements imposed by this chapter. Any such requirement or condition shall be specified in the notification of denial.
2.
The building official makes a written finding, based upon a preponderance of the evidence, that the proposed development would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
J.
The Community Development Director shall not reject an application solely because it proposes adjacent or connected structures; provided, that the structures meet building code safety standards and are sufficient to allow separate conveyance.
K.
The Community Development Director shall condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed residential units and any easements deemed necessary for access to the public right-of-way.
L.
The Community Development Director shall not require the correction of nonconforming zoning conditions.
M.
Use Requirements.
1.
It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof under this chapter for a term that is 30 days or less.
2.
It shall be unlawful to use any dwelling unit under this chapter for any use other than a residential use.
3.
Notwithstanding any other provision of this code, no more than two dwelling units shall be permitted on any parcel created under the provisions of this section.
(Ord. 1288 § 4, 2022)
§ 10.44.360 Employee housing.
A.
Purpose and Intent. The purpose of this section is to provide regulations for employee housing pursuant to Cal. Health & Safety Code § 17021.5.
B.
Standards. The following standards apply to all employee housing providing accommodation for six or fewer employees:
1.
Employee housing providing accommodation for six or fewer employees shall be deemed a single-family structure with a residential land use designation.
2.
No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that serves six or fewer employees that is not required of a family dwelling of the same type in the same zone.
(Ord. 06-2025-A, 12/2/2025)
§ 10.44.370 Employee housing, agricultural.
A.
Purpose and Intent. The purpose of this section is to provide regulations for employee housing pursuant to Cal. Health & Safety Code § 17021.6. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Except where such provisions directly conflict with Division 13 Part 1 of the Cal. Health & Safety Code, the provisions of this section shall apply.
B.
Standards. The following standards apply to all employee housing in zones that allow agricultural land uses, except where an employee housing unit is permitted under Section 10.44.360.
1.
Any employee housing consisting of no more than 36 beds in a group quarters or no more than 12 units or spaces designed for use by a single family or household, or that is approved pursuant to Cal. Health & Safety Code § 17021.8, shall be deemed an agricultural land use for the purposes of this section.
2.
No conditional use permit, zoning variance, or other discretionary zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone.
3.
The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located.
(Ord. 06-2025-A, 12/2/2025)
§ 10.44.380 Low barrier navigation centers.
A.
Purpose and Intent. The purpose of this section is to provide regulations for the establishment of low barrier navigation centers pursuant to and as defined in Cal. Gov't. Code § 65660. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Except where such provisions directly conflict with Cal. Gov't. Code § 65660, the provisions of this section shall apply.
B.
Standards. The following provisions shall apply to any low barrier navigation center:
1.
A low barrier navigation center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the requirements of this section.
2.
A low barrier navigation center development shall be permitted provided that it meets the following requirements:
a.
It offers services to connect people to permanent housing through a services plan that identifies services staffing.
b.
It is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to 24 CFR 576.400(d) or 578.7(a)(8), as applicable, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
C.
Timing of Application Review and Decision.
1.
Within 30 days of receipt of an application for a low barrier navigation center development, the local jurisdiction shall notify a developer whether the developer's application is complete pursuant to Cal. Gov't. Code § 65943.
2.
Within 60 days of receipt of a completed application for a low barrier navigation center development, the local jurisdiction shall act upon its review of the application.
D.
This section and provisions allowing low barrier navigation centers in Tables 10.22-1 and 10.24-1 shall remain in effect only until January 1, 2027, except if Government Code Title 7, Division 1, Chapter 3, Article 12 is extended to be in effect past such date and then shall only remain in effect while Government Code Title 7, Division 1, Chapter 3, Article 12, Low Barrier Navigation Centers, is in effect.
(Ord. 06-2025-A, 12/2/2025)
§ 10.44.390 Supportive housing.
A.
Purpose and Intent. The purpose of this section is to provide regulations for the establishment of supportive housing pursuant to and as defined in Cal. Gov't. Code §§ 65651(a) and (b).
B.
Standards.
1.
Notwithstanding any provision of this code to the contrary, supportive housing shall be permitted by right in zones where multifamily and mixed uses are permitted, if the supportive housing project satisfies all of the requirements of Cal. Gov't. Code §§ 65651(a) and (b), as amended.
2.
If the supportive housing development that is permitted by right in zones allowing multifamily and mixed uses is located within one-half mile of a public transit stop, there is no minimum parking requirement for the units occupied by supportive housing residents.
(Ord. 06-2025-A, 12/2/2025)
§ 10.44.400 Replacement housing.
A.
Purpose and Intent. The purpose of this section is to provide regulations for the replacement housing requirements specified in Cal. Gov't. Code § 65583.2(g)(3).
B.
Replacement Housing Requirement. Sites included in the Housing Element Inventory of Residential Sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity's valid exercise of its police power, or occupied by low- or very low income households, shall replace all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in Cal. Gov't. Code § 65915(c)(3).
(Ord. 06-2025-A, 12/2/2025)
§ 10.45.010 Purpose and intent.
The purpose and intent of this chapter is to provide a uniform and standard set of guidelines and criteria for the installation, design, permitting, collocation, modification, relocation, removal, operation, and maintenance of wireless telecommunication facilities to avoid or minimize land use conflicts related to land use compatibility, visual resources, public safety, and environmental impacts consistent with Federal and State law and regulations.
The City Council of the City of Sausalito hereby adopts the following standards, including definitions, general requirements, procedures and regulations, for wireless telecommunications facilities. The standards are applicable to those wireless telecommunication communications facilities considered by the Wireless Telecommunications Bureau (WTB) of the Federal Communications Commission (FCC).
All reporting, testing and maintenance standards included in this chapter apply equally to those facilities already in existence at the time of adoption of the ordinance codified in this title and to those which are approved under its provisions.
Nothing in this chapter shall be interpreted or applied to: (A) effectively prohibit or materially inhibit the provision of wireless telecommunication service; (B) unreasonably discriminate among providers of functionally equivalent wireless services; (C) deny any wireless telecommunication service request based on the environmental and/or health effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission regulations; (D) prohibit any collocation or modification that the City may not deny under Federal or State law; or (E) impose any unfair, unreasonable, discriminatory, or anticompetitive fees that exceed the reasonable cost to provide the service for which the fee is charged.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.020 Definitions.
A. "Accessory equipment"
means any equipment associated with the installation of a wireless telecommunications facility, including but not limited to, cabling, generators, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment structures, pedestals, meters, vault, splice boxes, and surface location markers.
B. "Antenna"
means that part of a wireless telecommunication facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of services, including but not limited to, cellular, personal communication services, and microwave communications. Such devices include but are not limited to, directional antennas such as panel antennas, microwave dishes, and satellite dishes; omnidirectional antennas and wireless access points (Wi-Fi); and strand-mounted wireless access points. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.
C. "Base station"
means the same as defined by the FCC in 47 CFR Section 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 CFR Section 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government, supports or houses equipment described in 47 CFR Sections 1.40001(b)(1)(i) through (ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed, does not support or house equipment described in 47 CFR Sections 1.40001(b)(1)(i) through (ii).
D. "Collocation"
means the same as defined by the FCC in 47 CFR Section 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC's definition effectively means "to add" and does not necessarily refer to more than one wireless facility installed at a single site.
F. "Eligible facilities request"
means the same as defined by Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified in 47 USC Section 1455(a), and defined by the FCC in 47 CFR Section 1.40001(b)(3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change its physical dimensions and involves a: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.
G. "Eligible support structure"
means the same as defined by FCC in 47 CFR Section 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC's Section 6409(a) (Eligible Facilities) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
I. "FCC shot clock"
means the reasonable time frame within which the City generally must act on a given wireless telecommunications application, as defined by the FCC and as may be amended.
J. "Personal wireless services"
means the same as defined in 47 USC Section 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
K. "Personal wireless service facilities"
means the same as defined in 47 USC Section 332(c)(7)(C)(ii), as may be amended, which defines the term as facilities that provide personal wireless services.
L. "Section 6409"
means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 USC Section 1455(a), as may be amended.
M. "Site"
means the same as defined by the FCC in 47 CFR Section 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower, any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
N. "Small wireless facilities (small cell wireless facilities)"1. a. b. c. 2. 3. 4. 5. 6.
means the same as defined by the FCC in its "Declaratory Ruling and Third Report and Order" adopted September 26, 2018, encompasses facilities that meet the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR Section 1.1320(d); or
Are mounted on structures no more than 10 percent taller than other adjacent structures; or
Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR Section 1.1320(d)), is no more than three cubic feet in volume;
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under 36 CFR Section 800.16(x); and
The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR Section 1.1307(b).
O. "Substantial change"1. a. b. c. d. 2. a. b. c. d. e. 3. a. b.
means the same as defined by the FCC in 47 CFR Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). This definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location.
For towers outside the public rights-of-way, a substantial change occurs when:
The proposed collocation or modification increases the overall height more than 10 percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or
The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or
The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.
For towers in the public rights-of-way and for all base stations, a substantial change occurs when:
The proposed collocation or modification increases the overall height more than 10 percent or 10 feet (whichever is greater); or
The proposed collocation or modification increases the width more than 6 feet from the edge of the wireless tower or base station; or
The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or
The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10 percent larger in height or volume than any existing ground-mounted equipment cabinets; or
The proposed collocation or modification involves excavation outside the area in proximity to the structure or other transmission equipment already deployed on the ground.
In addition, for all towers and base stations wherever located, a substantial change occurs when:
The proposed collocation or modification would defeat the existing concealment elements of the support structure as reasonably determined by the Community Development Director; or
The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets, or excavation that is inconsistent with the thresholds for a substantial change described in this subsection.
P. "Tower"
means the same as defined by the FCC in 47 CFR Section 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles (i.e., a bare, unconcealed pole solely intended to support wireless transmission equipment), mono-trees, and lattice towers.
Q. "Transmission equipment"
means the same as defined by the FCC in 47 CFR Section 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
R. "Utility pole"
means a pole or tower owned by any utility company that is primarily used to support wires or cables necessary for the provision of electrical or other utility services regulated by the California Public Utilities Commission.
S. "Wireless"
means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
T. "Wireless telecommunication facility"
means any facility constructed, installed, or operated for wireless service, including but not limited to, antennas or other types of equipment for the transmission or receipt of such signals, telecommunication towers, or similar structures supporting such equipment, related accessory equipment, equipment buildings, and other accessory equipment. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.030 Applicability and exemptions.
A.
This chapter shall apply to all existing wireless telecommunication facilities within the City and all applications and requests for approval to construct, install, modify, collocate, relocate, or otherwise deploy wireless telecommunication facilities in the City, unless exempted. Eligible facilities requests to collocate, replace, or remove transmission equipment on an existing wireless tower or base station shall be reviewed under SMC § 10.45.130, Eligible facilities requests.
B.
This chapter shall not apply to: (1) wireless telecommunication facilities owned and operated by the City; (2) wireless facilities installed on City property in the public right-of-way pursuant to a valid master license agreement with the City; (3) amateur radio facilities; (4) over-the-air reception devices subject to 47 CFR Section 1.4000 et seq., as may be amended, which includes satellite television dishes no greater than one meter in diameter; (5) wireless facilities installed completely indoors and intended to extend signals for personal wireless services; (6) wireless facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation transmission, and distribution subject to CPUC General Order 131-D; or (7) the facility receives and transmits communications within a single organization; provided, that transmitters are located at the principal place(s) of business and any external antenna exceeds the roof ridge line of the associated building by five feet or less; (8) the facility is temporary and operates less than 28 days; or (9) the facility has a marine radio operator license and an antenna that consists of a single vertical element less than two inches in diameter.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.040 Emergency deployment.
In the event of a declared Federal, State, or local emergency, or when otherwise warranted by conditions that the City deems to constitute an emergency or a necessity, the Community Development Director may approve the installation and operation of temporary wireless telecommunications facilities (cells on wheels or "COWs"), sites on wheels ("SOWs"), cells on light trucks ("COLTs"), or other similarly portable wireless facilities, subject to such reasonable conditions as the Director deems necessary in her or her discretion.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.050 Applications for wireless telecommunication facilities.
A.
Application Required. No application for a conditional use permit and design review for a wireless telecommunication facility shall be approved except upon a duly filed application consistent with this chapter and any other written rules the City may establish from time to time in any publicly stated format.
B.
Application Content. All applications for wireless telecommunication facilities shall contain the following information in order to be deemed complete, in addition to all other information determined necessary by the Community Development Director. The City Council authorizes the Community Development Director to develop, publish, and from time-to-time update or amend, eligible facilities application requirements, forms, checklists, informational handouts, and other related materials that the Director finds necessary, appropriate, or useful for the processing of any such application. All applications shall require that the applicant demonstrate that the proposed project will comply with all applicable health and safety laws, regulations, or other rules, which includes without limitation building codes, electrical codes, and all FCC rules for exposure to radio frequency emissions.
1.
A complete project description, including the type of facility and the following information on the proposed telecommunications facility:
a.
Number and sizes of antennas, and approximate orientation;
b.
Heights of proposed facilities;
c.
Equipment enclosure type and size;
d.
Construction time frame for equipment enclosure;
e.
Materials and colors of antennas;
f.
Descriptions of towers or other structures necessary to support/house the proposed facilities;
g.
Description of lighting;
h.
Description of identification signage;
i.
Description of access to the facility;
j.
Description of utility line extensions needed to serve the facility;
k.
Analysis of ground/vegetation disturbance (refer to Chapter 11.12 SMC regarding the preservation of trees and views), revegetation/landscaping, screening or other visual mitigation plan;
l.
Back-up power sources, if proposed; and
m.
A written description of the type of technology and type of consumer services the carrier will provide to its customers.
2.
A detailed site and engineering plan containing the exact proposed location of the facility, created by a qualified licensed engineer.
3.
A service network and coverage area map. The City shall provide a map of Sausalito at 1:400 scale and the applicant shall provide overlays on the map indicating the following:
a.
The proposed coverage area of the facility using "in-vehicle" and "in-building" measurements in relation to the area to be served and to the search ring;
b.
The existing coverage conditions without the proposed facility in relation to the area to be served; and
c.
The area to be served and any existing facilities.
4.
A one-year future facilities map. The City shall provide a map and the applicant shall plot the location of future facilities.
5.
A site plan on a 24-inch-by-36-inch sheet of paper, and an eight-and-one-half-inch-by-11.5-inch reduction of the site plan, which shall include the following information:
a.
Parcel lines of the subject parcel;
b.
Location and names of adjacent streets and drives proposed to serve as access to facility;
c.
Topography of those areas on the subject parcel where the disturbed slope areas exceed five percent;
d.
Location of any drainages within or adjacent to the site;
e.
Location of all existing buildings, structures, utilities, parking areas, or other features which may affect the proposed use of the property;
f.
Setbacks of proposed structures and improvements from the property lines;
g.
Location and heights of required cuts and fills for the grading of land where no bank is left standing more than four feet in height and/or wherein less than 50 cubic yards of earth is removed, placed and/or otherwise disturbed in any 12 consecutive months as required by SMC § 17.08.010 (excavations generally) and Section 3306 of the Uniform Building Code;
h.
North arrow, graphic scale and date prepared;
i.
Location of proposed development including all towers, structures, buildings, utility line extensions, driveways/roads, parking areas, schematic drainage and grading plan (if over five percent slopes); and
j.
Location and distances to nearest existing adjacent structures on the north, south, east and west.
6.
Site and structure elevations, set forth on a 24-inch-by-36-inch sheet of paper, and an eight-and-one-half-inch-by-11.5-inch reduction of the site and structure elevations, which include the following information:
a.
Any elevations required by this title;
b.
Elevation/section of site displaying site topography, proposed facilities including the tower, equipment shelter, and existing buildings;
c.
Wall, roof, tower and antenna materials;
d.
Fencing, air conditioning units and outdoor lighting locations, if any;
e.
Rooftop or building features such as vents, chimneys, and antennas;
f.
Building or tower height as measured from natural grade;
g.
A comparison of the heights of the proposed facility/antennas to the height of the surrounding tree canopy, if applicable; and
h.
The applicant's name, graphic scale, assessor's parcel number and date prepared.
7.
Photo-simulations of the proposed facility from the key viewing points, which photo-simulations shall be prepared after a delineation of the view shed and identification of public viewing points, including key viewing points, based on consultation with City staff. Photo-simulations shall display existing and proposed views in an eight-and-one-half-inch-by-11-inch, or larger, format, with the dates shown when the base photo was taken.
8.
Story pole or mock-ups per the requirements adopted by resolution and/or ordinance of the City Council or as determined necessary by the Community Development Director.
9.
For the sole purpose of verifying compliance with the FCC radio frequency emission standards, applications shall include an emissions report which measures the predicted and actual, if available, levels of electromagnetic field radiation emitted by the proposed facility operating alone and in combination with radiation emitted from other existing or approved facilities that can be detected at the proposed facility site. Radiation measurements shall be based on all proposed (applications filed and pending), approved, and existing facilities operating at maximum power densities and frequencies. It is the responsibility of the applicant to determine the location and power of existing facilities.
10.
Alternative site analysis is required if the facility is:
a.
Not in an industrial district; or
b.
Within 50 feet of a "less preferred location," as defined below; or
c.
Requested by the Community Development Director in his or her discretion; or
d.
Otherwise required by this chapter.
Information shall be provided in a narrative form with supporting maps and other graphics which identify the other site locations considered, if any, and rejected in favor of the proposed site. The applicant shall provide supporting reasons why the alternate sites, if any, were not technically feasible or unavailable.
11.
Fees. Payment of all filing fees and fees for processing and monitoring the permit application, as established by the City Council.
12.
Applications for wireless telecommunications facilities may require the following information at the discretion of the Community Development Director:
a.
A conceptual site grading, revegetation and/or landscape plan;
b.
A security program that includes features such as fencing, anti-climbing devices and alarms;
c.
A geologic hazards report;
d.
A certified arborist's report, if the proposed facility may impact trees or root systems (refer to Chapter 11.12 SMC regarding the preservation of trees and views);
e.
An historic building evaluation; and
f.
Specialized surveys for biological and/or cultural resources, if the proposed facility is located within or adjacent to identified habitat or cultural resource areas.
C.
Procedures for a Duly Filed Application. Any application for a conditional use permit for a wireless telecommunication facility will not be considered duly filed unless submitted in accordance with the procedures in this subsection.
1.
Pre-Submittal Conference. Before an application submittal, the applicant must schedule and attend a pre-submittal conference with the Community Development Director, which the Director shall schedule within a reasonable time from the applicant's scheduling request. The pre-submittal conference is intended to streamline the review process through discussion that includes without limitation issues related to compliance with City rules and regulations; generally applicable rules for health and safety; potential aesthetic and concealment issues; and application completeness issues. To mitigate any unnecessary delays due to application incompleteness, applicants are encouraged to bring any draft applications or other materials so that City staff may provide informal feedback and guidance regarding whether such applications or other materials may be incomplete or otherwise unacceptable.
2.
Submittal Appointment. All applications must be submitted to the City at a pre-scheduled submittal appointment with the Community Development Director, which the Director shall schedule within a reasonable time from the applicant's scheduling request. Any application received outside of a submittal appointment, whether delivered in-person, by mail, or through any other means, shall not be considered duly submitted.
D.
Applications Deemed Withdrawn. Any application for a wireless telecommunication facility will be automatically deemed withdrawn if the applicant fails to substantively respond to the City within 90 calendar days after the City determines in writing that an application is incomplete. The Community Development Director may, in his or her reasonable discretion, grant a written extension for up to an additional 30 calendar days.
E.
Peer and Independent Consultant Review.
1.
Authorization and Scope. The City Council authorizes the Community Development Director in his or her discretion, to select and retain an independent consultant(s) in connection with any wireless telecommunication facility conditional use permit/design review application. The Director may request independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless telecommunication facilities including without limitation permit application completeness or accuracy; pre-construction planned compliance with applicable regulations for exposure to radio frequency emissions; post-construction actual compliance with applicable regulations for radio frequency emissions; whether and to what extent any technically feasible and/or potentially available alternative sites or concealment techniques may exist; the applicability, reliability, and/or sufficiency of any information, analyses, or methodologies used by the applicant to reach any conclusions about any issue within the City's discretion to review; and any other issue that the Director determines requires expert or specialized knowledge. The Director may request that the independent consultant prepare written reports, testify at public hearings, and/or attend meetings with City staff and/or the applicant.
2.
Consultant Fees; Deposits. If the Community Development Director elects to retain an independent consultant(s) in connection with any wireless telecommunication facility permit application, the applicant shall pay the reasonable costs in connection with the services provided. Before the independent consultant(s) may perform any services, the applicant shall deposit with the City an amount equal to the estimated costs for the services to be rendered as determined by the Director. If the deposit exceeds the total costs for consultant services, the Director shall promptly return any unused funds after the wireless facility has received final City inspection or is finally disapproved by the City. If the reasonable costs for consultant services exceeds the deposit, the Director shall invoice the applicant for the balance which shall be promptly paid by the applicant. The City shall not issue any construction or grading permit to any applicant with any unpaid deposit requests or invoices.
F.
Deadlines for Action on Applications. The City will act on an application for a wireless telecommunication facility within the deadlines as imposed by applicable Federal and/or State law, as amended from time to time, as follows:
1.
Sixty days to act on an application for an eligible facility request.
2.
Sixty days to act on an application for a small cell wireless telecommunication collocation facility.
3.
Ninety days to act on a new small cell wireless telecommunication facilities.
4.
Ninety days to act on all new non-small-cell wireless telecommunication facilities.
5.
One hundred fifty days to act on all other wireless facilities.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.060 Public noticing procedures.
Upon receipt of a complete and verified application for a wireless telecommunications facility, a public hearing shall be held in accordance with the procedures and requirements set forth in this title. Notice of the hearing shall be as required by this title for conditional use permits.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.070 Conditional use permit and design review approval required.
All new and substantially changed wireless telecommunications facilities shall require a conditional use permit and design review approval. Applications for wireless telecommunications facilities shall be processed and conditional use permits and design review approvals granted solely in accordance with the terms and provisions of this chapter, notwithstanding any other provision to the contrary in this title. The Planning Commission may approve or conditionally approve a conditional use permit and design review approval for a wireless telecommunications facility if the following findings can be made:
A.
Generally Applicable Findings.
1.
The proposed wireless telecommunication facility is consistent with the general plan, the Zoning Ordinance, and any applicable specific plans.
2.
The proposed wireless telecommunication facility complements the surrounding neighborhood and/or district and, when antenna is attached to, or part of, a structure, the antenna and its screening complement the architecture of the structure.
3.
The proposed wireless telecommunication facility is consistent with the general scale of structures and buildings in the surrounding neighborhood and/or district.
4.
The proposed wireless telecommunication facility has been located and designed to minimize obstruction of public views and primary views from private property.
5.
The proposed wireless telecommunication facility will not result in a prominent profile (silhouette) above a ridgeline.
6.
The proposed landscaping provides appropriate visual relief, complements the buildings and structures on the site, and provides an attractive environment for the enjoyment of the public.
7.
Mechanical equipment and all accessory equipment are appropriately designed and located to minimize visual, noise, and air quality impacts to adjacent properties and the general public.
8.
The proposed design preserves protected trees and significant natural features on the site to a reasonable extent and minimizes site degradation from construction activities and other potential impacts.
9.
The proposed use, together with the applicable conditions, will not be detrimental to the public health, safety, or general welfare of the City.
10.
The proposed wireless telecommunication facility will not materially adversely affect nearby properties or their permitted uses.
11.
The applicant has demonstrated that the proposed wireless telecommunication facility will comply with all applicable FCC rules and regulations for human exposure to radio frequency emissions.
12.
The applicant has demonstrated a good-faith effort to identify and evaluate preferred alternative locations and potentially less-intrusive alternative designs for the proposed wireless telecommunication facility.
13.
The applicant has submitted a meaningful comparative analysis that shows all preferred alternative locations and less intrusive alternative designs identified in the administrative, if any, are either technically infeasible or unavailable.
B.
Additional Findings for the Public Right-of-Way. In addition to the generally applicable findings, the following findings are required for a new or substantially changed wireless telecommunication facility to be located in a public right-of-way.
1.
The applicant has provided substantial written evidence supporting its claim that it has the right to enter the public right-of-way pursuant to Federal or State law, or the applicant has entered into an agreement with the City permitting it to use the public right-of-way.
2.
The applicant has demonstrated that the wireless telecommunication facility will not interfere with the use of the public right-of-way, existing underground infrastructure, or the City's plans for modification or use of the location.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.080 Limited exceptions – Appeals.
A.
Limited Exception. If the applicant claims that strict compliance with any provision of this chapter would effectively prohibit its ability to provide personal wireless services, the Planning Commission or City Council on appeal, may grant a limited exception from such requirements to the extent necessary to prevent an effective prohibition of wireless service if all of the following findings are made.
1.
The proposed wireless facility qualifies as a "personal wireless service facility" as defined in 47 USC Section 332(c)(7)(C)(ii) as may be amended or superseded.
2.
The applicant has provided a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility.
3.
The applicant has provided a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this chapter.
4.
The applicant has provided a meaningful comparative analysis with factual reasons as to why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, the public, or any other source) are not technically feasible of potentially available to reasonably achieve the applicant's reasonably and clearly defined technical service objectives of the proposed wireless facility.
5.
The applicant has demonstrated that the proposed location and design is the least noncompliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective of the proposed wireless facility. The City shall have the right to hire an independent consultant, at the applicant's sole expense, to evaluate the issues raised by any exception request.
B.
The applicant may file an appeal with the City Council from any denial, approval, or conditional approval of a wireless telecommunication facility. Said appeal shall be in writing and shall be filed with the Community Development Department not later than 10 calendar days after the Planning Commission's action. For purposes of filing an appeal, if the final day to appeal falls on a City Hall observed holiday or a day when City Hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this chapter, the Municipal Code, and/or Federal and State law, and shall be accompanied by a filing fee as is hereafter fixed from time to time by City Council resolution. The City Council shall hold a de novo public hearing to consider the appeal. The Community Development Department shall, not less than 10 calendar days prior to the date set for the City Council hearing on the appeal, give written notice to the applicant, and all residents and property owners within a 300-foot-wide radius of the proposed wireless facility, of the date, time and place of the public hearing. The Council may affirm, reverse, remand or modify the decision of the Planning Commission.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.090 Standard conditions of approval.
In addition to compliance with the requirements of this chapter, upon approval, whether approved by the City or deemed approved by the operation of law, all wireless telecommunication facilities shall be subject to each of the following conditions of approval, as well as any modification to these conditions or additional conditions of approval deemed necessary.
A.
Permit Term. The permit will automatically expire 10 years and one day from its issuance, except when California Government Code Section 65964, as may be amended, authorizes the City to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification, or other change to the wireless telecommunication facility, which includes without limitation any permit or other approvals deemed approved by operation of law, will not extend the term limit unless expressly provided otherwise or required by Federal or State law.
B.
Strict Compliance with Approved Plans. Before the permittee submits any applications to the Community Development Department, the permittee must incorporate the conditional use permit/design review for the wireless telecommunication facility, all conditions associated with the permit, and approved photo simulations, into the project plans (the "approved plans"). The permittee must construct, install, and operate the wireless telecommunication facility in strict compliance with the approved plans. Any alterations, modifications, or other changes to the approved plans, whether requested by the permittee or by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Community Development Director's prior review and approval, who may refer the request to the Planning Commission in his or her discretion. The permittee shall submit an as-built drawing within 90 days after installation of the wireless facility.
C.
Build-Out Period. A conditional use permit/design review approval for a wireless telecommunication facility will automatically expire one year from the approval or deemed-approved date unless the permittee obtains all other permits and approvals required to install, construct, and/or operate the approved wireless telecommunication facility, which includes any permits or approvals required by Federal, State, or local public agencies with jurisdiction over the property, the wireless telecommunication facility, or its use. The Community Development Director may grant a single written extension to a date certain, not to exceed one additional year, if the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition.
D.
Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features, in a neat, clean, and safe condition according to the approved plans and all conditions in the conditional use permit/design review approval. The permittee shall keep the site area free from litter and debris at all times and shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware of such graffiti or vandalism, at no cost to the City.
E.
Compliance with Laws. The permittee shall maintain compliance at all times with Federal, State, and local statutes, regulations, orders, or other rules that carry the force of law (the "laws") applicable to the permittee, the subject property, the wireless facility, or any use or activity in connection with the authorized use covered by the conditional use permit, which includes without limitation any laws applicable to human exposure to radio frequency emissions. The permittee expressly acknowledges and agrees that this condition is intended to be broadly construed and that no other specific requirement in these conditions are intended to reduce, relieve, or otherwise lessen the permittee's obligations to comply with all laws.
F.
Radio Frequency Compliance. At all times the permittee shall ensure that the wireless telecommunication facility complies with the most current regulatory limits on radio frequency emissions standards and/or any other emissions standards adopted by the FCC and the California Public Utilities Commission. If the Community Development Director determines that there is good cause to believe that the wireless telecommunication facility may emit radio frequency emissions in excess of FCC standards, the permittee shall cooperate with the City to determine if the facility is in compliance with all FCC rules regarding human exposure to radio frequency emissions including, but not limited to, submittal of an affidavit signed by a radio frequency engineer certifying the wireless facility's compliance with FCC rules; providing technical data such as the frequencies in use, power output levels, and antenna specifications, necessary to evaluate compliance with FCC radio frequency limitations; and all other actions deemed necessary to measure compliance.
G.
Adverse Impacts on Other Properties. The permittee shall avoid undue or unnecessary adverse impacts to nearby properties that arise from the construction, installation, operation, modification, maintenance, repair, removal, and/or other activities at the site. The permittee shall not perform work that involves heavy equipment or machinery except during normal construction work hours as authorized by the City, excepting work required to prevent immediate harm to persons or property. The City may issue a stop work order for any activity that violates this condition.
H.
Inspections – Emergencies. The permittee expressly acknowledges and agrees that City representatives may enter the site and inspect the improvements and equipment thereon upon reasonable prior notice; provided however, that City representatives may, but will not be obligated to, enter the site area without prior notice in the event of an emergency or when the equipment threatens imminent harm to persons or property.
I.
Contact Information. The permittee shall submit and maintain current basic contact and site information to the City and shall notify the City of any changes to this information within seven days of a change. This information includes but is not limited to: the name, address, email address, and 24-hour contact telephone number of the permittee, the owner, operator, and person(s) responsible for maintenance of the wireless facility; and legal status of the owner of the wireless facility including official identification numbers and FCC certification.
J.
Performance Agreement. Prior to the issuance of a building permit, the permittee shall enter into a performance agreement with the City, which agreement shall include the following:
1.
The permittee shall post a financial security, such as a letter of credit, in a form acceptable to the Community Development Director to ensure that the facility is properly installed and maintained and to guarantee that the facility is dismantled and removed from the premises if it is abandoned pursuant to this chapter, or upon expiration or revocation of its permit. The amount of the security shall be based on a cost estimate equal to 125 percent of the amount needed to remove the facility and return the surrounding area to its condition prior to the facility's installation, based on a written estimate from a qualified contractor with experience in wireless telecommunication facilities removal.
2.
The permittee shall defend with counsel acceptable to the City in its discretion, indemnify, protect, and hold harmless the City, its officers, officials, councilmembers, commissioners, agents, and employees from and against any and all liabilities, claims, losses, demands, lawsuits, and/or causes of action of any kind arising out of a violation of any Federal, State, or local law or in connection with the permitting, installation, use, or any other activity associated with the wireless telecommunication facility. The City shall promptly notify the permittee of any such claim, action, or proceeding. The City shall retain the right to participate in any claim, action, or proceeding by retaining the City's own counsel if the City bears its own attorneys' fees.
L.
Successors. All conditions of approval shall be binding to the permittee and all successors in interest to the permittee.
M.
Signage. All notices and signs required by the FCC and California Public Utilities Commission, and approved by the City, shall be posted on the site and include the permittee's emergency contact name and 24-hour telephone number.
N.
Annual Review. Community Development Department staff may review compliance with all conditions of approval annually and, if any conditions of approval are not being met, shall schedule a public hearing to consider revocation of the permit pursuant to this chapter.
O.
Confirmation of Height. Within 60 days of completion of the installation of any freestanding antenna or support structure, the permittee shall perform a "tape drop" measurement to confirm that the height is no greater than approved, and shall submit a written certification to the Community Development Department of the actual, "as built" height.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.100 Additional conditions of approval for public right-of-way.
In addition to compliance with the standard conditions of approval, and the requirements of this chapter, upon approval, whether approved by the City or deemed approved by operation of law, all wireless telecommunication facilities located in a public right-of-way shall be subject to each of the following conditions of approval.
A.
The wireless telecommunication facility shall be subject to such conditions, changes, or limitations as are deemed necessary by the City from time to time for the purpose of: protecting the public health, safety, and welfare; preventing damage to the public right-of-way and/or adjacent property; and preventing interference with pedestrian and/or vehicular traffic. The City may modify the permit to reflect such conditions, changes, or limitations pursuant to the public hearing procedures applicable to a wireless facilities application as set forth in this chapter, except the permittee shall be given notice by personal service or certified mail.
B.
The permittee shall not move, alter, relocate, change, or interfere with any existing structure, improvement, or property without the prior written consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a wireless telecommunication facility unless it is determined that it will not adversely affect the City or any residents, and the permittee pays all costs and expenses related to its relocation. Prior to commencement of any work pursuant to an encroachment permit, the permittee shall provide the City with documentation to the City's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of-way to be affected by the wireless telecommunication facility.
C.
The permittee shall repair at its sole cost and expense any damage attributed to the wireless facility and/or its installation, construction, improvement, or maintenance, including but not limited to subsidence, cracking erosion, collapse, weakening, or loss of lateral support to streets, sidewalks, walkways, curbs, gutters, trees, landscaping, utility lines and systems, underground utility lines and systems, sewer systems, sewer lines, and any and all improvements of any kind.
D.
If the wireless telecommunication facility will be located within the canopy of a street tree, or a protected tree on private property, or within a 10-foot radius of the base of such a tree (or such larger radius in the City's discretion), then prior to the issuance of a building permit, the permittee must submit a tree protection plan prepared by a certified arborist for the review and approval of the Community Development Director (refer to Chapter 11.12 SMC regarding the preservation of trees and views).
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.110 Site location and configuration guidelines.
A.
Purpose. The purpose of this section is to provide guidelines to applicants and the City regarding preferred locations and configurations for wireless telecommunication facilities in the City; provided, that nothing in this section shall be construed to permit a wireless telecommunication facility in any location or configuration that would otherwise be prohibited by this chapter. The City shall consider the extent to which a proposed wireless telecommunication facility complies with these preferences and whether there are technically feasible alternative locations and/or configurations that are more preferred under this section.
B.
Location of Wireless Telecommunication Facilities. In any given general plan land use area, a structure not used for residential purposes is preferred over one so used and a publicly owned structure, including but not limited to buildings, water tanks, telephone and utility poles, signage, traffic signals, light standards and roadway overpasses, is preferred over one privately owned. All applicants must, to the extent feasible, propose new wireless telecommunication facilities in the locations according to the following preferences:
1.
Preferred Locations. The City of Sausalito prefers the following general plan land use areas for wireless telecommunication facilities in the order of preference:
2.
Less Preferred Locations. The following less preferred locations are listed in order of preference, from most to least preferred:
a.
Neighborhood commercial.
b.
Mixed residential and commercial.
c.
Open area.
d.
Public recreational and parks
e.
Residential (for aesthetic reasons, wireless communications facilities are very strongly discouraged from locating within residential areas or at schools except in exceptional circumstances).
3.
Historic Buildings, Landmarks and Districts. Wireless telecommunications facilities are very strongly discouraged from locating within a site containing an historic building or landmark, or within Sausalito's downtown historic district. Regardless of their classification as a local, State or national historic resource, buildings, structures, objects or properties shall be considered of equal historic significance with regard to siting wireless telecommunications facilities. If a wireless telecommunications facility is located within or on such a structure/building, the facility shall be subject to the criteria of the Secretary of the Interior's Standards for Rehabilitation and shall comply with the California Environmental Quality Act (CEQA) guidelines as amended, as well as any local guidelines for the treatment of historic properties and applicable provisions of the Federal telecommunications laws and the National Environmental Policy Act.
4.
Additional Analysis for Discouraged Locations. For all new wireless telecommunication facilities proposed in the less preferred locations, the applicant must submit additional analysis identifying at least three more preferred locations and provide a meaningful comparative analysis as to why these locations are either not technically feasible or not potentially available, to the satisfaction of the Community Development Director.
C.
Preferred Support Structures.
1.
General. The use of existing structures is preferred over monopoles or other towers erected specifically to support wireless telecommunications facilities unless technical evidence demonstrates that there are no other alternative sites, feasible support structures, and/or the use of a monopole or tower would avoid or minimize adverse effects related to the view shed, land use compatibility, visual resources, and public safety.
2.
All applicants must, to the extent feasible and potentially available, install the wireless telecommunication facility on a support structure according to the following preferences ordered from most preferred to least preferred:
D.
Undergrounding. All nonantenna equipment associated with the wireless telecommunication facility must be placed underground to the extent feasible. When aboveground is the only feasible location for a particular type of equipment, and the equipment cannot be pole-mounted, such equipment shall be enclosed within a structure, shall not exceed a height of five feet and total footprint of 15 square feet, and shall be screened and camouflaged to the fullest extent possible.
E.
Location. Each component of a wireless facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of a right-of-way, or create safety hazards. Each component of a wireless telecommunication facility shall also be located so as not to obstruct public views.
F.
Map and List of Locations. The City shall maintain a map and list of the location of all facilities permitted under this chapter and shall make this information readily available to the public through a combination of methods such as posting at the Community Development Department, posting on the City's website, and placement in the public library. The map and list shall refer interested parties to the Community Development Department for permit and testing information.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.120 Design and development standards.
A.
Generally Applicable Development Standards. All new wireless telecommunication facilities and substantial changes to existing wireless telecommunication facilities not covered under Section 6409 must conform to the following generally applicable development standards:
1.
Concealment. Wireless telecommunication facilities must incorporate concealment elements, measures and techniques that blend the equipment and other improvements into the natural and/or built environment in a manner consistent and compatible with the uses germane to the underlying zoning district and existing in the immediate vicinity.
2.
Overall Height, Width, and Space Occupied. Wireless telecommunication facilities may not exceed the applicable height limit for structures in the zoning district where they are located. All poles shall be designed to be the minimum functional height and width required to support the proposed antenna installation and meet FCC requirements. Wireless telecommunication facilities shall be designed to occupy the least amount of space that is technically feasible.
3.
Setbacks. Wireless telecommunication facilities may not encroach into any applicable setback in the zoning district where they are located.
4.
Noise and Traffic. Wireless telecommunications facilities shall be constructed and operated in such a manner as to minimize noise and traffic impacts on nearby residents and the public. Noise and traffic reduction shall be accomplished through the following measures:
a.
Wireless telecommunications facilities shall operate in compliance with the noise exposure standards contained in the City of Sausalito General Plan and the Noise Ordinance. Normal testing and maintenance activities shall occur between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, excluding emergency repairs.
b.
Backup generators shall comply with the noise standards in the City of Sausalito General Plan and Noise Ordinance and shall only be operated during power outages, emergency occurrences, or for testing and maintenance in accordance with this subsection.
c.
Traffic resulting from the operation and maintenance of a wireless telecommunications facility shall be kept to a minimum. Conditions of project approval may specify a maximum number of trips on a case-by-case basis based upon the carrier's maintenance and testing schedule.
5.
Vegetation and Landscaping. Wireless telecommunications facilities shall be installed in a manner that minimizes the impacts to existing vegetation (refer to Chapter 11.12 SMC regarding the preservation of trees and views). Where appropriate, additional landscaping shall be required to provide visual screening of the proposed facility. If landscaping is required, the applicant shall submit a landscape and irrigation plan, and shall submit a landscape maintenance program to assure that the plants will remain in healthy condition throughout the term of the permit, to the satisfaction of the Community Development Director.
Vegetation protection and facility screening shall be accomplished through the following measures:
a.
The emphasis of the landscape plan should be to visually screen the proposed facility and stabilize soils on sloping sites. Introduced vegetation shall be a native, drought-tolerant species compatible with the predominant natural setting of the project area.
b.
Existing trees and other screening vegetation in the vicinity of the proposed facility and associated accessways shall be protected from damage both during and after construction. Submission of a tree protection plan prepared by a certified arborist may be required to ensure compliance with this requirement.
c.
All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion.
d.
No vegetation shall be removed subsequent to project completion except to comply with local and State fire safety regulations or as authorized by the Community Development Director.
e.
The City may require that the carrier enter into a landscape performance and maintenance agreement with the City of Sausalito to ensure the installation and maintenance of required landscaping. Failure to maintain landscaping shall be grounds for revocation of the use permit.
6.
Site Security Measures. Wireless telecommunication facilities may incorporate reasonable site security measures, such as fences, walls, and anti-climbing devices, to prevent unauthorized access, theft, or vandalism. Site security measures must be designed to enhance concealment to the maximum extent possible.
7.
Backup Power Sources. The City may approve permanent backup power sources and/or generators on a case-by-case basis. The City strongly discourages backup power sources mounted on the ground or on poles within a public right-of-way. The City shall not approve any diesel generators or other similarly noisy or noxious generators in or within 250 feet from any residence; provided, however, the City may approve sockets or other connections used for temporary backup generators.
8.
Lights. Wireless facilities may not include exterior lights other than as may be required under law, or timed or motion-sensitive lights for security and/or safety as determined necessary or desirable by the City. All lights must be installed in locations and/or within enclosures that mitigate light impacts on other properties to the maximum extent possible.
9.
Signage. Wireless telecommunication facilities must include signage that accurately identifies the equipment owner/operator, its site name or identification number, and a toll-free number to the owner/operator's network operations center. Wireless facilities may not bear any other signage or advertisements unless approved by the City or required by law.
10.
Future Collocations and Equipment. To the extent feasible and aesthetically appropriate, all new wireless telecommunication facilities should be designed and sited in a manner that can accommodate potential future collocation and equipment installations that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance of the facility.
11.
Utilities. All cables and connectors for telephone, primary electric, and other similar utilities must be routed underground in conduits large enough to accommodate future collocated wireless facilities. Meters, panels, disconnect switches, and other associated improvements must be placed underground to the extent possible or placed in inconspicuous and concealed locations.
12.
Parking. The installation of wireless telecommunication facilities shall not interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number required for the property.
B.
Freestanding Wireless Telecommunication Facilities. In addition to the generally applicable development standards, all new and substantially changed freestanding wireless telecommunication facilities not covered under Section 6409 must conform to the requirements in this subsection.
1.
Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its overall visual profile. Nonantenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors, and utility demarcation boxes) must be mounted directly behind the antennas to the maximum extent feasible.
2.
Ground-Mounted Equipment, Shelters. All ground-mounted equipment must be concealed underground or within an existing or new structure, opaque fences, or other enclosures subject to the City's prior approval. The City may require additional concealment elements as necessary to blend the ground-mounted equipment and other improvements into the natural and/or built environment.
3.
Monopoles. The City shall not approve any unconcealed monopoles on private property within the City.
C.
Building-Mounted Wireless Facilities. In addition to the generally applicable development standards, all new and substantially changed building-mounted wireless telecommunication facilities not covered under Section 6409 must conform to the requirements in this subsection.
1.
Preferred Concealment Techniques. To the extent feasible, building-mounted wireless telecommunication facilities should be completely concealed and architecturally integrated into the existing facade or rooftop feature with no visible impacts (examples include, but are not limited to, antennas behind existing walls or facades replaced with radio frequency-transparent material finished to mimic the replaced materials). Alternatively, when integration within existing building features is not feasible, the wireless telecommunication facility should be completely concealed in a new structure designed to mimic the original architecture (examples include, but are not limited to, cupolas, steeples, and chimneys).
2.
Facade-Mounted Equipment. When wireless telecommunication facilities cannot be placed behind existing walls or other existing screening elements, the City may approve facade-mounted equipment in accordance with this subsection. All facade-mounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The City may not approve "pop-out" screen boxes unless the design is architecturally consistent with the original building. The City may not approve any exposed facade-mounted antennas, including but not limited to, exposed antennas painted to match the facade. To the extent feasible, facade-mounted equipment must be installed on the facade along the building frontage that is the least publicly visible.
3.
Rooftop-Mounted Equipment. All rooftop-mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style, and finish.
4.
Ground-Mounted Equipment, Shelters. All ground-mounted equipment must be concealed underground or within an existing or new structure, opaque fences, or other enclosures subject to the City's prior approval. The City may require additional concealment elements as necessary to blend the ground-mounted equipment and other improvements into the natural and/or built environment.
D.
Right-of-Way Wireless Telecommunication Facilities. In addition to the generally applicable development standards, all new and substantially changed wireless telecommunication facilities in a public right-of-way not covered under Section 6409 must conform to the requirements in this subsection.
1.
Concealment. Wireless telecommunication facilities in the right-of-way must be concealed to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment, and adjacent uses. Wireless facilities in the right-of-way may not unreasonably obstruct, impede, inconvenience, or hinder the public use.
2.
Support Structures. Wireless telecommunication facilities in the right-of-way must be installed on existing aboveground structures (such as light poles) whenever possible and aesthetically desirable. The City shall not approve any new, nonreplacement support structure unless there are no potentially available aboveground support structures near the site, or the City finds that a new, nonreplacement support structure would be more aesthetically desirable and consistent with this chapter.
3.
Undergrounded Equipment. All equipment, other than the antenna and any electric meter, must be installed underground to the extent feasible.
4.
Pole-Mounted Equipment. All pole-mounted equipment must be installed as close to the pole as feasible. All pole-mounted equipment and required or permitted signage must face the street or otherwise be placed to minimize visibility from adjacent sidewalks and structures. All cables, wires, and other connectors must be routed through conduits within the pole whenever possible, and all external conduits, conduit attachments, cables, wires, and other connectors must be concealed from public view to the extent feasible.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.130 Eligible facilities requests.
A.
Purpose. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 USC Section 1455(a)) generally requires that state and local governments "may not deny, and shall approve" requests to collocate, remove, or replace transmission equipment at an existing tower or base station.
B.
Prior Approvals. Any eligible facilities request shall require an amendment to the underlying use permit for the tower or base station subject to the City's approval, conditional approval, or denial without prejudice pursuant to the standards and procedures contained in this subsection.
C.
Other Permits and Regulatory Approvals. No eligible facilities request may be approved unless the applicant also obtains all other permits and regulatory approvals required by any other Federal, State, or local government. Any eligible facilities approval shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits and/or regulatory approvals.
D.
Application Requirements.
1.
Application Required. The City shall not approve any eligible facilities request except upon a duly filed application consistent with this subsection and any other written rules or policies the City may establish from time to time in any publicly stated format.
2.
Application Content. All eligible facilities applications must include all information and materials as set forth in SMC § 10.45.050(B) and as required by the Community Development Director, in addition to all other information determined necessary by the Community Development Director. The City Council authorizes the Community Development Director to develop, publish, and from time-to-time update or amend, eligible facilities application requirements, forms, checklists, informational handouts, and other related materials that the Director finds necessary, appropriate, or useful for the processing of any such application. All applications shall require that the applicant demonstrate that the proposed project will comply with all applicable health and safety laws, regulations, or other rules, which includes without limitation building codes, electrical codes, and all FCC rules for exposure to radio frequency emissions.
3.
Procedures for a Duly Filed Eligible Facilities Application. All applications for an eligible facilities request must comply with the pre-submittal conference and submittal appointment procedures as set forth in SMC § 10.45.050(C)(1) through (2), and will not be considered duly filed unless submitted in accordance with the procedures in said subsections.
4.
Applications Deemed Withdrawn. Any application for an eligible facilities request will be automatically deemed withdrawn if the applicant fails to substantively respond to the City within 90 calendar days after the City determines in writing that an application is incomplete. The Community Development Director may, in his or her reasonable discretion, grant a single written extension for up to an additional 30 calendar days.
5.
Peer and Independent Consultant Review.
a.
Authorization and Scope. The City Council authorizes the Community Development Director in his or her discretion, to select and retain an independent consultant(s) in connection with application for an eligible facilities request. The Director may request independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities including without limitation permit application completeness or accuracy; pre-construction planned compliance with applicable regulations for exposure to radio frequency emissions; post-construction actual compliance with applicable regulations to radio frequency emissions; whether and to what extent any technically feasible and/or potentially available sites or concealment techniques may exist; the applicability, reliability, and/or sufficiency of any information, analyses, or methodologies used by the applicant to reach any conclusions about any issue with the City's discretion to review; and any other issue determined by the Director that requires expert or specialized knowledge. The Director may request that the independent consultant prepare written reports, testify at public hearings, and/or attend meetings with City staff and/or the applicant.
b.
Consultant Fees – Deposits. If the Community Development Director elects to retain an independent consultant(s) in connection with an application for an eligible facilities request, the applicant shall pay the reasonable costs in connection with the services provided. Before the independent consultant(s) may perform any services, the applicant shall deposit with the City an amount equal to the estimated costs for the services to be rendered as determined by the Director. If the deposit exceeds the total costs for consultant services, the Director shall promptly return any unused funds after the wireless facility has received final City inspection or is finally disapproved by the City. If the reasonable costs for consultant services exceeds the deposit, the Director shall invoice the applicant for the balance which shall be promptly paid by the applicant. The City shall not issue any construction or grading permit to any applicant with any unpaid deposit requests or invoices.
E.
Decisions and Appeals.
1.
Administrative Review. The Community Development Director shall administratively review a complete and duly filed eligible facilities request application and shall act upon such application ministerially without prior notice or a public hearing.
2.
Decision Notices. Within five days after the Community Development Director acts on an eligible facilities request application or before the FCC shot clock expires, whichever occurs first, the Director shall send a written notice to the applicant of the decision. If the Director denies the application, the notice must contain: the reasons for the decision; a statement that denial is without prejudice; and instructions for how and when to file an appeal.
3.
Eligible Facilities Findings. The Community Development Director may approve or conditionally approve an eligible facilities request application when he or she finds that the proposed project:
F.
Criteria for Denial Without Prejudice. Notwithstanding any other provision of this subsection and consistent with all applicable Federal laws and regulations, the Community Development Director may deny without prejudice any eligible facilities request application when the Director finds that the proposed project:
G.
Conditional Approvals. Subject to any applicable limitations in Federal or State law, nothing in this subsection is intended to limit the Community Development Director's authority to conditionally approve an eligible facilities request application to protect and promote the public health and safety.
H.
Appeals. Any applicant may appeal the decision of the Community Development Director to deny without prejudice an eligible facilities request application. A written appeal together with any applicable appeal fee as established by the City Council must be tendered to the Community Development Department within 10 days from the Director's written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall be the appellate authority for all appeals of the Director's written decision. The City Manager shall review the application de novo; provided, however, that the City Manager's decision shall be limited only to whether the application should be approved or denied pursuant to the provisions in this subsection and any other applicable laws. The City Manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to further administrative appeal.
I.
Standard Conditions of Approval. In addition to all other conditions adopted by the City, all approved eligible facilities requests, whether approved by the City or deemed approved by operation of law, shall be subject to the standard conditions of approval as set forth in SMC § 10.45.090, as well as any modification of these conditions or additional conditions of approval deemed necessary, and the following conditions:
1.
Permit Term. An approved eligible facilities request, whether by the City's approval or operation of law, constitutes a Federally mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or base station. Such approval shall not extend the permit term, if any, for any conditional use permit or other underlying prior regulatory authorization. Accordingly, an eligible facilities request approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station.
2.
Accelerated Termination Due to Invalidation. In the event that a court of competent jurisdiction invalidates all or any portion of an eligible facilities request approval or any FCC rule that interprets Section 6409 such that Federal law would not mandate approval, such approval shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of a previously approved eligible facilities approval or the Community Development Director grants an extension upon a written request that shows good cause for the extension, including without limitation extreme financial hardship. The Director may not grant a permanent or indefinite extension. The permittee shall not be required to remove its improvements under the invalidated eligible facilities approval if it obtains the applicable permits(s) or submitted an application for such permit(s) before the one-year period ends.
3.
Reservation of Standing. The City's grant or grant by operation of law of eligible facilities approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409, any FCC rules that interpret Section 6409, or any section of an eligible facilities approval.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.140 Cessation of use or abandonment.
A.
A wireless telecommunication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunication services for 90 or more consecutive days.
B.
The operator of a wireless telecommunication facility shall notify the City in writing of its intent to abandon or cease use within 10 days of abandoning or ceasing use. Notwithstanding any other provisions herein, the operator of the wireless facility shall provide written notice to the City of any discontinuation of operation of 30 days or more.
C.
Failure to inform the City of a discontinuation of operations required by this subsection shall constitute a violation of any approvals and the grounds for: revocation or modification of the permit; calling of any bond or other assurance or condition of approval; removal of the wireless telecommunication facility pursuant to a nuisance abatement action; and any other remedies allowed by law.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.45.150 Removal and restoration, permit expiration, revocation or abandonment.
A.
In the event of any breach of this chapter, any required agreement(s) or any conditions of the permit, the City shall notify the applicant and owner, as well as the public pursuant to this chapter, and the Planning Commission shall conduct a revocation hearing. Appeals of the Planning Commission decision on revocation may be made pursuant to the process required in this title for other appeals of Planning Commission decisions to the City Council.
B.
Removal Obligation. Upon the expiration of a permit, including any extensions, earlier termination, or revocation of the permit, or abandonment of the facility, the permittee, owner, or operator shall remove the wireless telecommunication facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be pursuant to proper health and safety requirements and all other requirements of the City. The facility shall be removed from the property within 30 days at no cost to the City. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration under this subsection.
C.
Failure to Remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 30 days after the expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the Sausalito Municipal Code and grounds for: calling of any security or assurance; removal of the facility pursuant to a nuisance abatement action; and/or any other remedies allowed by law.
(Ord. 1272 § 1 (Att. 1), 2019)
§ 10.46.010 Purpose.
In addition to the general purposes established in SMC § 10.10.030 (Title and purpose), the purpose of this chapter is 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 historical resources that reflect associations important in the City's history and to:
A.
Safeguard the character and history of the City which is reflected in its unique architectural, historic, and cultural heritage through the designation of properties to the local historic register;
B.
Provide a method for the identification and designation of properties to the local historic register;
C.
Deter the demolition, alteration, misuse or neglect of historic or architecturally significant structures and sites;
D.
Encourage preservation and adaptive reuse of properties on the local/State/National Historic Register and/or within a historic overlay district by allowing changes to accommodate new functions and uses;
E.
Provide a review process for alterations, modifications and additions to properties on the local/State/National Historic Register or within a historic overlay district including applying applicable adopted guidelines and policies as adopted by the City;
F.
Enhance property values, stabilize neighborhoods, and render City properties on the local/State/National Historic Register or within a historic overlay district eligible for benefits and incentives;
G.
Foster civic and neighborhood pride and a sense of identity based on the recognition of the City's past accomplishments as reflected through its buildings, structures, objects, landscape, natural features, infrastructure, and engineering;
H.
Strengthen the City's economy by protecting and enhancing the City's attraction to residents, tourists, visitors, and others, thereby serving as a stimulus and support to local business and industry; and
I.
Identify incentives that are intended to encourage owners to designate, maintain, reuse, rehabilitate, and improve properties on the local/State/National Historic Register or within a historic overlay district.
(Ord. 1167 § 2, 2003; Ord. 1261 § 25, 2018)
§ 10.46.020 Applicability.
The requirements of this chapter apply to:
B.
Properties and areas that are proposed for designation to the local historic register and/or within a historic overlay district; and
C.
Properties and areas that are formally listed on the local/State/National Historic Register and/or within a historic overlay district.
In addition, the requirements of this title, Zoning, and associated regulations and adopted guidelines shall apply.
(Ord. 1167 § 2, 2003; Ord. 1261 § 26, 2018)
§ 10.46.030 Conflicts between provisions.
In the event of any conflict between this chapter and other chapters of this title, the more restrictive regulations shall apply.
(Ord. 1167 § 2, 2003)
§ 10.46.040 Establishment of local historic register and local historic resources inventory.
A.
Establishment of Local Historic Register. A local historic register of individually designated buildings and properties by the City Council is hereby created. The purpose of the local historic register is to provide a means to preserve, protect, and enhance the most significant historic resources within the City. Properties listed on the local historic register may be identified on site with an exterior marker or plaque in accordance with adopted City guidelines displaying pertinent information about the resource. A record of properties on the local historic register 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.
B.
Establishment of Local Historic Resources Inventory. The Historic Preservation Commission, acting with the administrative support of the Community Development Department, shall maintain a local historic resources inventory of individually eligible historic resources within the City as defined and provided for in CEQA Guidelines Section 15064.5(a)(2). The Historic Preservation Commission shall periodically review, amend, and update the local inventory. Resources listed on the local historic resources inventory are eligible for nomination to the City's local historic register and may be designated as such by the City Council.
(Ord. 1167 § 2, 2003; Ord. 1261 § 27, 2018)
§ 10.46.050 Local historic register designation.
A.
The Historic Preservation Commission shall have the authority to recommend approval, disapproval, or modification of properties for designation to the local historic register to the City Council.
C.
Notification to Property Owner(s). Within 10 days of initiation of a property to the local historic register, the owner(s), designated agent or agents, and tenants of the subject property(ies) shall be notified.
D.
Application Requirements. Applications for the designation of a property to the local historic register shall be filed with the Community Development Department and include the following:
1.
A statement of architectural, historic, or cultural significance of the building or district and a description of the character-defining features that should be preserved;
2.
A map showing the location of the individual structure or the area proposed as a district;
3.
Photographic document of the building(s) and area;
4.
In lieu of subsections (D)(1) through (3) of this section, applicants may alternatively submit State Department of Parks and Recreation historic resources inventory form; and
5.
Any additional information requested or required by the Community Development Department or the Historic Preservation Commission, including plans or materials deemed necessary to support and process the application.
E.
Interim Protection Measures. No permits for exterior alterations shall be issued for 180 days from the date of initiation without prior approval by the Historic Preservation Commission. Pending permit applications may be processed, but no final action shall be taken until after the conclusion of the designation process or the 180 days have passed, whichever occurs first. The following permits may be processed during the designation process:
1.
Ordinary Maintenance and Repair. Ordinary maintenance and repairs may be approved. For the purposes of this chapter, "ordinary maintenance and repairs" shall mean regular, customary, or usual care of an existing building, structure, object, or site, for the purposes of preserving said property and maintaining it in a safe and sanitary condition, and does not involve a change of design, material, or appearance of the property.
2.
Dangerous and Immediately Dangerous Properties. Unsafe or dangerous conditions that present an imminent threat to the public or bodily harm or damage to adjacent property may be approved. The Building Official shall notify the Community Development Director in writing that the proposed action is necessary in order to mitigate the unsafe or dangerous condition.
F.
Public Hearings. The Historic Preservation Commission shall make a recommendation to the City Council to list a property on the local historic register following a public hearing.
1.
Historic Preservation Commission Review. The Historic Preservation Commission shall consider the proposed designation at a noticed public hearing and shall recommend approval, in whole or in part, or disapproval of the application for the designation of a property(s) to the local historic register. The decision shall be in writing and state the findings of fact and reasons relied upon to reach the decision and forwarded to the City Council.
2.
Hearing and Decision by City Council. The City Council shall consider the proposed designation after receiving the Historic Preservation Commission's recommendation. The City Council may approve, disapprove, or give modified approval for the local historic register. The City Clerk shall then notify the owner(s) of the property or the owners of property in the district of the City Council's action.
G.
Findings. The Historic Preservation Commission may recommend, and the City Council may approve, listing a structure or site on the local historic register if all of the following findings can be made:
1.
The structure or site proposed for the local historic register is significant to local, regional, State or national history.
2.
Listing the proposed structure or site on the local historic register has been subject to environmental review and the appropriate findings have been made.
3.
Listing the proposed structure or site on the local historic register will preserve the historic character or integrity of the structure or site.
4.
Structure or site proposed to be listed on the local historic register has a significant architectural or historic character that can be preserved or enhanced through appropriate controls and incentives on new development and alterations to existing structures and landscaping.
H.
Recordation of Decision. A certified copy of the City Council decision shall be recorded in the office of the County Recorder by the City Clerk immediately following its effective date. The property shall be added to the local historic register kept by the City and provided to the regional information center of the State Office of Historic Preservation, as required.
I.
Disapproval of Proposed Designation. Whenever an application for designation of a property to the local historic register has been rejected by the City Council, no application that contains the same or substantially the same information as the one disapproved shall be resubmitted within a period of three years from the date of the final action on the prior application. However, if significant new information is made available and provided by and at the expense of the owner(s), the Community Development Director may waive the time limit and permit a new application to be filed.
J.
Effect of Designation. Upon designation, the provisions of this chapter shall apply to the designated property on the local historic register. Any removal or demolition, exterior construction, addition, alteration, or modification, including modifications to landscapes, is subject to the provisions of this chapter.
K.
Amendment or Rescission of a Local Historic Register Property. Once a designation is made, it shall not be repealed by the City Council unless it is determined at any time that:
1.
The local historic register property no longer meets the criteria for designation due to damage caused by natural disaster (e.g., flood, earthquake, etc.) or reasons otherwise outside of the control of the owner.
2.
Changes of use, differences of opinion of subsequent City Councils, desires of property owners, or financial considerations are not sufficient reasons to repeal a designation.
3.
If the local historic register property status is repealed, the City's records shall be updated accordingly.
(Ord. 1167 § 2, 2003; Ord. 1261 § 28, 2018)
§ 10.46.060 Property and review requirements.
A.
Minimum Maintenance Requirements. Every owner in possession or control of: (1) a structure/site officially deemed a historical resource under Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5; (2) a designated local/State/National Historic Register property; or (3) a property within a historic overlay district shall take measures to ensure that the property does not fall into disrepair or become a public health and safety hazard. Measures shall include ordinary repair and maintenance activities consisting of regular, customary, or usual care of an existing building, structure, object, or site, for the purposes of preserving said property and maintaining it in a safe and sanitary condition, and do not involve a change of design, material, or appearance of the property. The Community Development Director shall have the final authority to determine whether a historical resource property is in compliance with its minimum maintenance requirements. In the case that a property constitutes a public nuisance, the City may take enforcement action to prevent further vandalism or public nuisance pursuant to Chapter 12.20 SMC (Nuisance Abatement).
B.
Certificate of Appropriateness Required. No person, owner, or other entity shall restore, rehabilitate, alter, develop, construct, demolish, remove, or otherwise change the exterior appearance (including paint color) of: (1) a structure/site officially deemed a historical resource under Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5; (2) a designated local/State/National Historic Register property; or (3) a property within a historic overlay district without first having undergone review for a certificate of appropriateness by the Historic Preservation Commission unless the work proposed is exempt as follows:
1.
Interior Alterations. If any proposed interior alteration(s) would result in any visual or material impact to the exterior of the subject building, a certificate of appropriateness shall be required. Interior alterations on a privately owned structure or on a publicly owned structure do not require a certificate of appropriateness unless the interior has been included as part of the historic designation.
2.
Dangerous and Immediately Dangerous Properties. Unsafe or dangerous conditions due to damage caused by natural disaster (e.g., flood, earthquake, etc.) or reasons otherwise outside the control of the owner do not require a certificate of appropriateness. The Building Official shall notify the Community Development Director in writing that the proposed action is necessary in order to mitigate any unsafe or dangerous condition.
3.
The requirement for a certificate of appropriateness shall be at the discretion of the Community Development Director dependent upon policy implications, unique or unusual circumstances, the size of the project, or other factors determined by the Community Development Director to be significant enough to warrant review for a certificate of appropriateness.
C.
Application Requirements. An application for a certificate of appropriateness shall contain:
1.
Plans and specifications showing the existing and proposed exterior appearance, including detailed drawings;
2.
Details and samples of materials to be used, where applicable;
3.
Photographs showing the property; and
4.
Any additional material required by the Community Development Director or the Historic Preservation Commission.
D.
Multiple Planning Approvals. For projects that require multiple planning approvals subject to CEQA, the Historic Preservation Commission shall conduct review for a certificate of appropriateness before any other planning approval action. Applications for a certificate of appropriateness and other planning approval may be filed and processed concurrently.
The Historic Preservation Commission's advisory certificate of appropriateness resolution cannot be modified by the Planning Commission; however, the Planning Commission may, through a majority vote of the members, refer the advisory certificate of appropriateness resolution back to the Historic Preservation Commission for reconsideration. The Historic Preservation Commission shall conduct a hearing to review the Planning Commission's request.
E.
Review Procedures. Certificate of appropriateness applications must be reviewed and approved at a noticed public hearing. A certificate of appropriateness is an advisory recommendation forwarded to the decision-making body.
1.
Administrative Certificate of Appropriateness. The Historic Preservation Commission may define certain categories of work as minor alterations and delegate approval of an administrative certificate of appropriateness for such alterations to Community Development Department staff. If the Historic Preservation Commission delegates alteration of work to the Department, review for an administrative certificate of appropriateness may be approved without a hearing before the Historic Preservation Commission.
a.
Public Notice – Administrative Certificate of Appropriateness. Notice of a pending review for an administrative certificate of appropriateness by the Community Development Department shall be prominently posted on the project site at least 10 days before any departmental decision.
b.
Any departmental decision on an administrative certificate of appropriateness may be appealed to the Historic Preservation Commission within 10 days of the date of the written decision.
c.
Community Development Department staff may refer items to the Historic Preservation Commission when in their opinion the public interest would be better served by having the Historic Preservation Commission review.
2.
Certificate of Appropriateness by the Historic Preservation Commission. The Historic Preservation Commission shall review for a certificate of appropriateness at a noticed public hearing. The Historic Preservation Commission shall review the project under certificate of appropriateness findings and issue an advisory recommendation via a resolution (subsection F of this section). The Historic Preservation Commission may require a historic resource evaluation to be completed by the applicant if deemed necessary. With the Historic Preservation Commission's approval, applicants may revise a project during review for a certificate of appropriateness and resubmit to the Historic Preservation Commission for secondary review. Once review for a certificate of appropriateness is concluded and the Historic Preservation Commission issues an advisory certificate of appropriateness determination, a hearing before the Planning Commission is scheduled to consider the project.
a.
Public Notice – Certificate of Appropriateness by the Historic Preservation Commission. Notice of a pending review for a certificate of appropriateness by the Historic Preservation Commission shall be prominently posted on the project site at least 10 days before the subject meeting.
F.
Required Findings. A certificate of appropriateness, in the form of a resolution, shall be issued only if the findings below can be made. If the findings below cannot be made, a resolution shall be issued stating the findings of fact and reasons relied upon to reach the decision. The required findings for issuance of a certificate of appropriateness are as follows:
1.
The Secretary of the Interior's Standards for the Treatment of Historic Properties and any applicable State or local ordinances and adopted guidelines or other policies have been used to review and consider the proposed work.
2.
Additional Findings for Local Historic Register Properties.
a.
The proposed work shall preserve, enhance or restore, and shall not damage or destroy, the exterior architectural features of the structure and, where specified in the designating ordinance, its major interior architectural features; and
b.
The proposed work shall not adversely affect the special character and/or special historic, architectural or aesthetic interest or value of the structure and its site, as viewed both in themselves and in their setting, nor of the historic overlay district, if located within one.
3.
Additional Findings for Properties in Historic Overlay Districts.
a.
Any new construction, addition or exterior change shall be compatible with the character of the historic overlay district as described in the designating ordinance;
b.
Exterior change shall preserve, enhance or restore, and shall not damage or destroy, the exterior architectural features of the subject property which are compatible with the character of the historic overlay district; and
c.
For any exterior change where the subject property is not already compatible with the character of the historic overlay district, reasonable efforts shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility.
4.
Additional Findings for Sign Applications.
a.
The proposed sign complies with all applicable provisions of Chapter 10.42 SMC (Sign and Awning Regulations);
b.
Is consistent with the applicable sign standards and adopted guidelines, where applicable; and
c.
The proposed color, design, material, and location of the proposed sign are compatible with the architectural design of the building and historic overlay district.
6.
Additional Findings for Demolition Applications.
a.
A replacement project shall be proposed.
b.
The requirements of the California Environmental Quality Act and SMC Title 11 (Environmental Protection) have been met.
c.
Alternatives to demolition have been considered, including reusing the structure with an alternate use that may not be consistent with existing zoning (see SMC § 10.46.070(D), Additional Uses).
d.
All financial alternatives have been evaluated, including use of historic tax credit and acquisition by a third party.
e.
Additional findings for demolition applications for accessory structures:
G.
Conditions. The Historic Preservation Commission may recommend such conditions that are necessary to accomplish the purposes of this chapter and prevent or minimize adverse impacts to the character-defining features of property deemed a historical resource under Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5, on the local/State/National Historic Register, or within a historic overlay district.
H.
Additional Demolition Procedures. The following procedures shall also apply to any application for a demolition permit for property deemed a historical resource under Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5, on the local/State/National Historic Register, or within a historic overlay district:
1.
If, after review of request for a demolition permit, the Historic Preservation Commission determines the structure itself has historic, architectural or cultural interest or value, the Historic Preservation Commission may withhold approval of demolition for 180 days (from the date of Historic Preservation Commission action) or until environmental review, whichever occurs later. The 180-day delay shall be for the purpose of providing time to explore alternatives to demolition. During the 180 days, the Historic Preservation Commission may direct the Community Development Department to consult with recognized historic preservation organizations and other civic groups, public agencies and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, and take any other reasonable measures.
(Ord. 1167 § 2, 2003; Ord. 1261 § 29, 2018)
§ 10.46.070 Incentives for preservation.
Owners of property within a historic overlay district or owners of local/State/National Historic Register property are eligible to apply for the following preservation benefits:
A.
Fees. Certificate of appropriateness application fees may be waived pursuant to Chapter 1.09 SMC, Fees, for those applications which restore and rehabilitate the significant character of the structure.
B.
Building Code Exceptions. Deviations from SMC Title 8, Buildings and Construction, will be allowed when the construction is in conformance with the State of California Historic Building Code.
C.
Development Standards. Exceptions to development standards (including but not limited to setback, height, parking, coverage, or floor area ratio (FAR)) may be granted for legal nonconforming structures. The Planning Commission may grant an exception if the following findings can be made:
1.
The exception is the continuation of an existing condition and the exception will not exceed the deviation already existing on the structure.
2.
The exception would be more in character with the architectural character of the structure than adhering to the standard requirements.
3.
The exception would not be in violation of the State Historic Building Code provisions for health and safety, would not be detrimental to any adjacent property and would not be injurious to public health, safety or welfare.
D.
Additional Uses. Uses that are not normally allowed in a base zoning district may be allowed in structures that are located in a historic overlay district or listed on the local/State/National Historic Register, subject to a conditional use permit (Chapter 10.60 SMC). The Historic Preservation Commission shall review and make a recommendation on the proposed use(s) to the Planning Commission. The Planning Commission shall consider the recommendation of the Historic Preservation Commission and the impact of adaptive reuse proposals on the integrity of the historic structure and the neighborhood.
1.
Required Findings. The Planning Commission shall not approve alternative uses pursuant to this section unless the following findings are made:
a.
Exception to land use regulations is necessary to permit the preservation or restoration of a historic or architecturally significant structure or site;
b.
Proposed use of historic or architecturally significant structure or site will require minimal alterations to structure;
c.
The Secretary of the Interior's Standards for the Treatment of Historic Properties and any applicable State or local ordinances and adopted guidelines or other policies have been used to review and consider the proposed work;
d.
A preservation agreement has been prepared and recorded specifying the uses allowed on subject property and preserving property from demolition;
e.
The Historic Preservation Commission has considered the proposed use and recommends approval; and
E.
Parking. Uses in sites or structures within a historic overlay district or listed on local/State/National Historic Register may be eligible for reduced parking requirements, consistent with SMC § 10.40.110(D)(3) (Historic District Overlay) and 10.40.110(G) (Other Reductions).
F.
Written Agreement. The granting of any exceptions shall be conditional upon a written agreement between the City and the property owner that ensures preservation of the structure's significant character. The agreement shall give the City the right to revoke the approval at any time the applicant has not complied with the conditions of approval. The agreement shall be recorded with the County Recorder.
G.
Termination. The approval of exceptions from the standard code provisions for structures in a historic overlay district or listed on the local/State/National Historic Register is terminated when the structure is demolished, or when the structure is altered in a manner that destroys or diminishes the significant character of the structure. All benefits derived from approval shall be removed.
(Ord. 1167 § 2, 2003; Ord. 1261 § 30, 2018)
§ 10.46.080 Enforcement penalties.
A.
Misdemeanor. Any person who violates a requirement of this chapter or fails to obey an order issued by the City or comply with a condition of approval of any permit issued in compliance with this chapter shall be guilty of a misdemeanor and subject to the penalty provisions of Chapters 1.05 (Penalty Provisions) and 1.10 SMC (Administrative Penalties).
B.
Violation and Restoration. Any person who alters, constructs, demolishes, or removes a historical resource in violation of this chapter shall be required to restore the object, site, or structure to its appearance or setting before the violation under the certificate of appropriateness procedures. Restoration processes include the recordation of existing conditions in scaled plan, elevation, and section documents along with photographic records of all elevations and site features. Any action to enforce this provision may be brought by the City or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty and any other remedy provided by law.
C.
The City shall have the authority to withhold a building permit for a site if the City determines that a property deemed a historical resource under Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5, on the local historic register inventory, on the local/State/National Historic Register, or within a historic overlay district has been demolished or partially demolished without benefit of any required demolition permit. If the City makes this determination, the City shall also have the authority to record an affidavit with the County of Marin Recorder stating that no permits for any new development shall be issued on the property for up to five years.
(Ord. 1261 § 31, 2018)
§ 10.47.010 Purpose.
In enacting this chapter, it is the intent of the City of Sausalito to protect the safety and welfare of the general public by regulating and monitoring medical and nonmedical marijuana facilities, commercial marijuana facilities, the delivery of all marijuana, and the outdoor cultivation of marijuana within the City's corporate limits in a manner compliant with State law.
(Ord. 1248 § 2, (Exh. A), 2017; Ord. 1249, 2018; Ord. 1265 § 1(a) (Exh. A), 2018; Ord. 1274 § 1 (Att. 1), 2019)
§ 10.47.020 Definitions.
The following words and phrases, whenever used in this chapter, are defined as follows:
A. "Commercial marijuana activity"
includes "commercial cannabis activity" as set forth in California Business and Professions Code Sections 19300.5(j) and 26001(d), as may be amended from time to time, and includes the cultivation, possession, manufacture, distribution, processing, storing, testing, labeling, transportation, or sale of marijuana and marijuana products.
B. "Cultivation"
shall have the same meaning as set forth in California Business and Professions Code Sections 19300.5(e) and 26001(e), as may be amended from time to time, and includes any activity involved in the planting, growing, drying, curing, grading, or trimming of marijuana.
C. "Delivery"
shall have the same meaning as set forth in California Business and Professions Code Sections 19300.5(m) and 26001(h), as may be amended from time to time, and includes the commercial transfer of marijuana or marijuana products to another person, and also includes the use by a retailer of any technology or platform, whether owned or controlled by the retailer or independently licensed, that enables customers to arrange for or facilitate the commercial transfer of marijuana by a licensed retailer of marijuana or marijuana products.
D. "Establish" or "operate"
a medical or recreational marijuana facility means and includes: the opening or commencement of the operation of a medical marijuana or nonmedical marijuana facility; the conversion of an existing business, facility, use, establishment, property, or location to a medical marijuana or nonmedical marijuana facility; or the addition of a medical marijuana or nonmedical marijuana facility to any other existing business, facility, use, establishment, property, or location.
E. "Marijuana"
shall have the same meaning as set forth in California Health and Safety Code Section 11018 and Business and Professions Code Section 19300.5(f), as may be amended from time to time.
F. "Medical marijuana"
is marijuana used for medical purposes where that medical use is deemed appropriate and recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of conditions such as acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in California Health and Safety Code Section 11362.7(h), as may be amended from time to time.
G. "Medical marijuana facility"
means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical marijuana is sold, made available, delivered, and/or distributed by one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card. A "medical marijuana facility" shall not include the following uses: a clinic licensed pursuant to California Health and Safety Code Division 2, Chapter 1; a healthcare facility licensed pursuant to California Health and Safety Code Division 2, Chapter 2; a facility licensed pursuant to California Health and Safety Code Division 2, Chapter 2; a residential care facility for persons with chronic life-threatening illness licensed pursuant to California Health and Safety Code Division 2, Chapter 3.01; a residential care facility for the elderly licensed pursuant to California Health and Safety Code Division 2, Chapter 3.2; a residential hospice; or a home health agency licensed pursuant to California Health and Safety Code Division 2, Chapter 8.
H. "Nonmedical marijuana facility"
means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or permits another person or entity to establish, commence, engage in, or conduct any activity that requires a State license or nonprofit license under Business and Professions Code Section 26000 et seq., including but not limited to marijuana cultivation, distribution, transportation, storage, manufacturing of marijuana products, processing, the sale of marijuana or marijuana products, and the operation of marijuana microbusinesses. A "nonmedical marijuana facility" includes any "commercial marijuana activity" as defined by Business and Professions Code Section 26001(d).
I. "Outdoors"
means any location that is not within a fully enclosed and secure structure.
(Ord. 1248 § 2, (Exh. A), 2017; Ord. 1249, 2018; Ord. 1265 § 1(a) (Exh. A), 2018; Ord. 1274 § 1 (Att. 1), 2019)
§ 10.47.030 Prohibitions.
A.
Medical Marijuana Facilities. Medical marijuana facilities are prohibited in all zones in the City and shall not be established or operated in the City.
B.
Nonmedical Marijuana Facilities. Nonmedical marijuana facilities are prohibited in all zones in the City and shall not be established or operated in the City.
C.
Commercial Marijuana Activity. Commercial marijuana activity is prohibited in all zones in the City and shall not be established or operated in the City.
D.
Property Owners. A property owner shall not rent, lease, or otherwise permit any person, business, or entity that engages in commercial marijuana activity to occupy real property in the City.
E.
Deliveries. No person and/or entity may deliver cannabis from any fixed or mobile location, either inside or outside the City, to any person in the City, except as follows:
1.
A licensed cannabis retailer, microbusiness, or nonprofit licensed under California Business and Professions Code Section 26000 et seq. may deliver medicinal cannabis or medicinal cannabis products to any qualified patient or any person with an identification card in the City, as those terms are defined in California Health and Safety Code Section 11362.7, or to their primary caregiver as defined in California Health and Safety Code Sections 11362.5 and 11362.7(d).
2.
A licensed cannabis retailer, microbusiness, or nonprofit selling cannabis or cannabis products for medical or adult use may deliver products in compliance with California Business and Professions Code Section 26090 within the City. All deliveries shall also comply with regulations of the Department of Cannabis Control.
F.
Outdoor Cultivation. Outdoor marijuana cultivation is prohibited in all zones in the City.
G.
Indoor Cultivation. Indoor marijuana cultivation is prohibited; provided, however, that a person may plant, cultivate, harvest, dry, or process cannabis plants to the extent allowed under California Health and Safety Code Sections 11362.1(a)(3) and 11362.77, subject to all restrictions under California State law inside a single private residence or accessory structure to the residence located on the grounds of that residence; provided, that the location is fully enclosed and secured against unauthorized entry; and provided, that the following standards are met:
1.
Marijuana cultivation including any lighting, plumbing, or electrical components shall comply with all applicable building and fire codes.
2.
The use of gas products (CO2, butane, etc.) for marijuana cultivation is prohibited.
3.
Marijuana shall not be detectable by sight or smell from adjacent properties or public spaces.
4.
The residential structure shall remain at all times an occupied residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use.
5.
The property owner must provide express written consent allowing marijuana cultivation in the event any nonowner occupant wishes to cultivate marijuana on the property.
6.
Marijuana cultivation shall not occur in both a detached structure and inside a residence on the same parcel. Only one cultivation area is allowed per parcel.
(Ord. 1248 § 2, (Exh. A), 2017; Ord. 1249, 2018; Ord. 1265 § 1(a) (Exh. A), 2018; Ord. 1274 § 1 (Att. 1), 2019; Ord. 07-2024 § 2, 2024)
§ 10.47.040 Enforcement.
The City may enforce this chapter in any manner permitted by law. Violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall create a cause of action for injunctive relief at the City's discretion.
(Ord. 1248 § 2, (Exh. A), 2017; Ord. 1249, 2018; Ord. 1265 § 1(a) (Exh. A), 2018; Ord. 1274 § 1 (Att. 1), 2019)