§ 14.17

Performance standards provide criteria for issuing administrative use permits and certain other use permits that require minimal discretion and review. (See Chapter 14.21 for additional information on the administrative use permit process.) The performance standards listed in this section are intended to explicitly describe the required location, configuration, design, amenities and operation of specified uses. The performance standards also mitigate potential adverse impacts on the neighborhood and maintain harmonious uses in the area. The performance standards are consistent with the goals and policies of the general plan.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.17.020 - Animal keeping.

A.

Purposes. Performance standards related to noncommercial animal keeping protect the public health, safety and general welfare by limiting numbers of animals which may be kept, maintaining sanitary and humane conditions for animals, and limiting potential nuisance factors which may result from the keeping of animals.

B.

Applicability. Performance standards for the noncommercial keeping of animals, including mammals, birds, reptiles and bees unless specifically ex empted by this subsection shall apply throughout the City of San Rafael. (See list of exemptions below.) An administrative use permit shall be required for the keeping of animals within the City of San Rafael. The following animals are exempt from these regulations:

1.

Fish;

2.

Three (3) or fewer domestic dogs, not including wolf-hybrids, over the age of four (4) months per dwelling unit;

3.

Ten (10) or fewer domestic cats over the age of four (4) months per dwelling unit;

4.

Any number of domestic dogs, cats or potbellied pigs under the age of four (4) months;

5.

Three (3) or fewer potbellied pigs (not including hybrids over seventy (70) pounds);

6.

Four (4) or fewer hens (i.e., female domesticated chicken);

7.

Ten (10) or fewer of the following:

a.

Soft-billed birds (myna, toucan, toucanettes, not including ducks or geese), birds of the Psittacinae family (parrots, parakeets, love birds), doves, pigeons, quail, finches and canaries,

b.

Hamsters, guinea pigs, pet mice, pet rats, and pet rabbits, and

c.

Nonnative, nonpoisonous snakes, chameleons and iguanas.

8.

Beekeeping.

C.

Other nonexempt animals are subject to individual case review, and may be subject to the following types of standards:

1.

Requirements for identification of animal guardianship, such as tagging or microchipping;

2.

Requirements for spaying or neutering of animals;

3.

Requirements for fences or fenced stockade areas;

4.

Requirements regarding provision of food and water supply, such as supply locations, requirement for closed, rodent-proof containers, etc.;

5.

Requirements to secure or sequester animals in shelters during specified hours of the day or night to minimize possible noise impacts;

6.

Requirements to maintain sanitary conditions by regular cleanup and disposal of animal feces and urine;

7.

Requirement that all places and premises where the animal is to be kept shall be open at all reasonable times and places to the inspection of the code enforcement manager or code enforcement officer, or other code enforcement officials, and the county health officer;

8.

Verification of receipt of appropriate California Department of Fish and Game permits;

9.

Verification of required vaccinations.

In approving the application for an administrative use permit for the keeping of animals, the community development director may impose additional conditions that are deemed necessary to ensure the permit will be in accordance with the findings required by Section 14.21.080.

D.

Findings. In order to grant an administrative permit for the keeping of animals the following findings shall be made:

1.

Compliance with Applicable Laws. The keeping of the animal(s) will not violate any provision of the San Rafael Municipal Code or any other applicable provision of law.

2.

Humane Treatment of Animals. The keeping of the animal as proposed will not result in an animal receiving inhumane treatment.

3.

Odors. The keeping of the animal will not result in obnoxious odors at nearby properties adversely affecting the enjoyment of such property.

4.

Flies. The keeping of the animal(s) will not cause or result in flies or other insects adversely affecting the enjoyment of nearby property.

5.

Noise. The keeping of the animal(s) will not result in noises which adversely affect the enjoyment of nearby property.

6.

Nuisances. The keeping of the animal(s) will not result in other public or private nuisances.

7.

Public Health, Sanitation, Safety, Welfare. The keeping of the animal(s) will not result in an adverse effect on the health, sanitation, safety or welfare of an occupant of the premises or other nearby residents.

8.

Procreation. The keeping of the animal(s) will not result in procreation which adversely affects nearby properties or the natural habitat.

E.

Nonconforming Animal Keeping, Declaration of Public Nuisance. The city council declares to be a public nuisance any lot where animal keeping is operating in a manner that is not in conformance with this section.

(Ord. 1740 §§ 2—5, 1999; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

A.

Purpose. The purpose of the community gardens regulations is to implement specific policies of the neighborhood design, community design, sustainability, and parks and recreation elements of the San Rafael general plan, which:

1.

Support social interaction and create a greater sense of community, encourage gathering places and events in appropriate locations, such as community gardens;

2.

Promote efforts to provide places where neighbors can meet each other;

3.

In multifamily development, require private outdoor areas and on-site common outdoor spaces. Common spaces may include recreation facilities, gathering spaces, and site amenities;

B.

Applicability. Performance standards for community gardens shall apply in the residential, commercial, industrial, public and quasi-public uses, and parks/open space zoning districts with the exception of the downtown zoning districts.

C.

Ministerial review required. Except where a use permit is required by the land use tables, a ministerial review is required to determine that the community garden is in compliance with the provisions of this section. If it is determined that the community garden is in full compliance with the provisions of this section, the community garden shall be approved.

D.

Standards.

1.

Operating Rules. The applicant shall submit a list of operating rules for the proposed community garden. Hours of operation shall be limited from sunrise to sunset.

2.

Americans with Disabilities Act (ADA). The project shall be designed to provide access to the general public and be ADA-compliant in accordance with the requirements of Title 24, California Code of Regulations.

3.

Parking. On-site parking is required and shall including an area for one van accessible parking space located on site nine feet (9′) × eighteen feet (18′) with an eight-foot (8′) wide accessible aisle meeting ADA standards and a space to accommodate vehicular delivery and removal of materials.

4.

Trash and Recycling. Trash and recycling shall be adequately provided on site and the project sponsor is responsible for implementing a trash recycling program, which shall also include the installation of recycling receptacles for garden users on the project site.

5.

Green Waste. Green waste facilities shall be provided on site.

6.

Material Storage. Identify on the site plan storage for all garden tools, supplies and compost in a secure manner and screened from view from off-site. Compost and other odorous materials shall be stored in a location and manner that does not affect adjacent property owners.

7.

Landscaping. Provide a landscape and irrigation plan for review and approval of the planning division and the department of public works which provides trees within the landscape setback along the property frontage with the following detail.

a.

The project landscape architect/designer shall select a tree species that is appropriate to the site and soil conditions. Trees shall be planted at a twenty-four inch (24″) box size and spaced at twenty-foot (20′) intervals.

b.

All landscaping shall be maintained in good health through the life of the project. Any dying or dead landscaping shall be replaced in a timely fashion and all landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris.

c.

The landscape and irrigation plan must be designed to comply with Marin Municipal Water District (MMWD) Water Conservation Ordinance No. 421.

8.

Fences. Fences are allowed subject to the regulations in Chapter 14.16 of the city of San Rafael Municipal Code, Zoning.

Lighting. Exterior lighting shall be limited to security lighting as required and approved by the city police department.

10.

Signage. A sign plan shall be submitted and shall demonstrate location of the following required signage:

a.

Two signs shall be posted on the subject property.

b.

One sign shall be posted in the common area of the garden noting the name and contact information for the garden management; and

c.

One monument-type address sign, not exceed twenty (20) square feet in area and six (6) feet in height, shall be posted at the garden entrance. The property address numbers shall be posted prominently on the monument sign.

11.

MCSTOPP/Drainage and Clean Site Water. The site must be designed and maintained so that runoff of surface water will not drain onto adjacent property. The project engineer shall incorporate features that would provide for clean site waters in accordance with RWQCB and Marin County Stormwater Pollution Prevention Program (MCSTOPPP) standards before they enter the city storm water drainage system. Features can include the installation of grassy swales to connect and filter surface water runoff.

12.

The project shall comply with the MMWD backflow prevention requirements. If, upon the district's review of the final plans backflow protection is warranted, compliance shall include installation, testing and maintenance. Questions regarding backflow requirements should be directed to the MMWD backflow prevention program coordinator at (415) 945-1559.

13.

Pest Management. The operation of the community garden shall comply with the city's Integrated Pest Management (IPM) program. Signs shall be posted and maintained within the garden area notifying garden users of the rules and consequences for using pesticides and herbicides that are not allowed on the IPM.

(Ord. No. 1964, § 2(Exh. B) § 18, 11-19-2018)

A.

Purpose. Performance standards related to animal care facilities protect the public health, safety and general welfare by minimizing potential nuisance factors that may result from the caring of animals.

B.

Applicability. Performance standards for animal care facilities, unless specifically exempted by this subsection shall apply throughout the City of San Rafael. A use permit approved by the zoning administrator, issued pursuant to Chapter 14.22 of this division, shall be required for animal care facilities within the City of San Rafael.

C.

Findings. In order to grant a use permit for animal care facilities in an office/commercial district, the following findings shall be made:

1.

Compliance with Applicable Laws. The animal care facility will not violate any provision of the San Rafael Municipal Code or any other applicable provision of law. The animal care facility shall maintain an employee handbook outlining best management practices for handling of animals, handling medical waste and disposal of animal waste.

2.

Sound Attenuation. The animal care facility shall not result in sound levels that exceed the noise levels established under Chapter 8.13 for any adjacent tenant spaces or properties.

3.

Waste. The animal care facility shall include and maintain adequate waste and hazardous waste facilities at all times.

4.

Nuisances. The animal care facility will not result in other public or private nuisances.

(Ord. No. 2015, § 4, 9-6-2022)

Editor's note— Ord. No. 1996, div. 2(Exh. A, 7.1), adopted August 16, 2021, repealed § 14.17.050, which pertained to offices and financial institutions in the Fourth Street retail core and the West End Village and derived from Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992.

14.17.060 - Fortunetelling.

A.

Purpose. Performance standards for fortunetelling ensure police department review and background investigations of prospective fortunetelling businesses, consistent with Municipal Code Chapter 8.12.

Police department review is required in the interest of public health, safety and welfare due to potential criminal activities, including theft by fraud, deceit, false pretenses, trick or device which may be associated with such businesses.

B.

Applicability. Performance standards for fortunetelling shall apply in any district in which fortunetelling is a conditional use. Compliance with performance standards shall be reviewed through the administrative use permit process.

C.

Standards.

1.

Police Department Permit. Review and approval by the police department is required for any proposed fortunetelling use.

2.

Operation. The proposed fortunetelling operation shall conform with all of the provisions of the municipal code pertaining to such uses (Municipal Code Sections 8.12.050 through 8.12.060, inclusive) to the satisfaction of the San Rafael police department.

3.

Parking. Fortunetelling uses shall provide parking consistent with Chapter 14.18, Parking Standards. Fortunetelling uses shall be considered equivalent to a personal service use for the purposes of determining parking requirements.

4.

Signs. Signs for fortunetelling businesses shall conform with Chapter 14.19, Signs.

(Ord. 1625 § 1 (part), 1992).

A.

Purpose. Standards for game arcades with coin-operated amusement devices ensure that such facilities coexist harmoniously with other uses in the neighborhood in which they are located. Performance standards for game arcades are intended to prevent the occurrence or increase in the incidence of loitering, vandalism, pedestrian obstruction, excessive noise or any other activity that may have an adverse effect on adjacent or nearby properties, residences or businesses.

B.

Applicability. Performance standards for game arcades with coin-operated amusement devices shall apply in any district in which game arcades are a conditional use. Compliance with performance standards shall be required and reviewed through the use permit process. Initial use permits shall be granted by the planning commission for periods of no more than six (6) months. The zoning administrator may approve time extensions to the initial use permit.

C.

Findings. In approving initial use permits and time extensions for game arcades with coin-operated amusement devices, findings must be made that the use will not or has not created or increased the incidence of loitering, vandalism, pedestrian obstruction, excessive noise or any other activity that may have an adverse effect on adjacent or vicinity properties, residences or businesses.

D.

Standards.

1.

Proximity to Schools. Game arcades shall not be located within three hundred feet (300′) of a public or private grammar, middle or high school.

2.

Parking. One vehicular parking space shall be provided for each five (5) coin-operated amusement devices.

3.

Bicycle Parking. One (1) on-site bicycle parking space shall be provided for each two (2) coin-operated amusement devices. Bicycle parking shall be in bicycle racks or stands and shall not obstruct required exits. Bicycle parking may be required inside buildings if no acceptable outside area exists on-site. Bicycle parking may be waived for "adults only" establishments.

4.

Hours of Operation. Hours of operation shall be established on a case-by-case basis; however, the maximum closing time that may be granted shall be eleven p.m. (11:00 p.m.). The planning commission may grant exceptions to this limitation for "adult only" establishments or when it is demonstrated that the use is clearly ancillary to another use.

5.

Initial use permit; Six (6) Month Review Period. Use permits shall be granted for periods of no more than six (6) months initially. The zoning administrator may approve extensions upon demonstration of compliance with these standards.

6.

Police Department Review. Police department review and approval is required for any proposed game arcade with coin-operated amusement devices consistent with Chapter 10.40.

(Ord. 1625 § 1 (part), 1992).

A.

Purposes. Performance standards related to gun shops are intended to ensure the public safety by requiring such shops to provide adequate security as well as appropriate hazardous materials storage.

B.

Applicability. Performance standards for gun shops apply in all districts where gun shops are allowed. Compliance with performance standards shall be reviewed through the administrative use permit process.

C.

Standards.

1.

Police Department Review. Security and public safety measures shall be provided to the satisfaction of the police department.

2.

Fire Department Review. Appropriate hazardous materials storage measures shall be provided to the satisfaction of the fire department.

3.

Compliance with Other Laws. Approval of the requested permit is contingent upon demonstration of compliance with applicable provisions of state and federal laws. All gun shops shall be operated according to state and federal regulations.

4.

Location. No gun shop shall be located within three hundred (300) feet of a day care facility, church, or school. The three hundred (300) feet measurement shall be from lot line to lot line.

(Ord. 1748 § 3, 2000; (Ord. 1694 § 1 (Exh. A) (part), 1996).

14.17.080 - Mobilehome parks.

A.

Purpose. These provisions will promote diverse housing opportunities by encouraging the creation of stable and attractive residential environments within mobilehome parks, and provide for a desirable transition to the surrounding residential areas.

B.

Applicability. Standards for mobilehome parks apply in any district in which mobilehome parks are a conditional use, and shall be applied through the use permit process.

C.

Standards.

1.

Density and Development Standards. Mobilehome parks shall conform with all density and development standards of the general plan and zoning district in which it is located, as well as with applicable provisions of the California Health and Safety Code and the regulations set forth in Title 25, Chapter 5 of the California Administrative Code. The yard and setback standards of the district shall apply to the perimeter property line of the lot or lots of record, taken as a whole, on which a mobilehome park is proposed.

2.

Mobilehome Lot Identification. Each lot line shall be permanently marked consistent with the Title 25, Chapter 2 of the Mobilehome Parks Act. Consistent with the requirements of Title 25, adjustment of a lot line may be permitted after obtaining written authorization of the occupant(s) of the affected mobilehome lot(s) and upon approval of a minor environmental and design review permit.

3.

Setbacks. A manufactured home and all accessory structures shall be located in compliance with the Mobilehome Parks Act setback and separation requirements.

4.

Storage. In order to provide adequate storage for large items, such as boats, campers, and park maintenance vehicles, a minimum of one hundred (100) square feet of screened parking area shall be provided.

5.

Usable Outdoor Area. A usable outdoor area shall be provided consistent with the requirement of the zoning district in which it is located.

6.

Parking. Parking shall be provided as required in Chapter 14.18, Parking Standards.

7.

Environmental and Design Review. A mobilehome park is a major physical improvement subject to Chapter 14.25, Environmental and Design Review Permits).

8.

Landscaping. Landscaping shall be provided consistent with the requirement of the zoning district in which it is located.

9.

Lighting. Park lighting shall be provided consistent with the requirements of the Mobilehome Parks Act.

10.

Utilities. All utilities shall be underground.

(Ord. 1625 § 1 (part), 1992).

A.

Purpose. Standards for motor vehicle repair uses mitigate potential noise, fumes, litter and parking problems associated with motor vehicle repair facilities. The standards ensure that motor vehicle repair uses operate harmoniously and are compatible with adjacent and surrounding uses. In addition to these standards, motor vehicle repair uses must meet applicable federal, state and local regulations regarding storage, recycling and disposal of hazardous wastes.

B.

Applicability. Performance standards for major or minor motor vehicle repair uses shall apply in any district in which a motor vehicle repair use is a conditional use. Performance standards for motor vehicle repair uses shall be administered through a use permit or an administrative use permit process as specified in the land use regulations for commercial districts (Chapter 14.05) and for industrial districts (Chapter 14.06).

C.

Standards.

1.

Spraying. All spraying operations are to be conducted within a spray booth which has been approved by the city fire marshall.

2.

Location of Repair Work. All repair work shall take place entirely within the building.

3.

Vehicle Storage.

a.

All vehicles which are visually damaged, disabled or visually in the process of repair shall be stored and/or worked upon in a location on-site that is not visible from off-site. Vehicles not visually damaged, waiting to

be repaired or waiting to be picked up after repair, shall be stored on-site but may be visible from off-site; or, in lieu of said on-site parking, alternate parking of appropriate size and within five hundred feet (500′) may be substituted provided that at the time a business license is issued or renewed, a lease for said parking concurrent with the term of the business license is submitted.

b.

Where non-administrative use permits are required, parking lot screening and landscape standards (Section 14.18.160) shall be used as guidelines in project review.

4.

Outside Storage. There shall be no outside storage of materials or equipment unless screened from view in a manner approved by the planning director.

5.

Parking. Parking for motor vehicle repair uses shall be consistent with Chapter 14.18, Parking Standards.

6.

Waste Disposal. Waste oils and other materials shall be disposed of properly and not discharged into the storm drain or sewer system.

(Ord. 1625 § 1 (part), 1992).

A.

Purpose. The purpose of this section is to ensure that residential uses in commercial districts are not adversely impacted by adjacent uses. Residential uses are encouraged in commercial zoning districts, including the downtown mixed use (DMU) district, and in mixed-use development to meet local housing needs and because of the environment they create. However, potential traffic noise and safety impacts related to commercial uses may impact nearby residential uses. The proximity of residential and commercial uses require that special regulations be imposed in the interest of businesses and the residents of the housing units.

B.

Applicability. Performance standards for residential uses in commercial districts shall be applied through an administrative use permit in the GC, FBWC, C/O, M and NC districts.

C.

Standards.

Location. Location of residential units in the GC, FBWC, HO, C/O, M and NC districts shall be determined through project review.

2.

Access. Residential units shall have a separate and secured entrance and exit.

3.

Parking. Residential parking shall comply with Chapter 14.18, Parking Standards, of this title.

4.

Noise. Residential units shall meet the residential noise standards in Section 14.16.260, Noise standards, of this title.

5.

Lighting. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one (1) that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the police department. The minimum of one (1) foot-candle at ground level shall be provided in all exterior doorways and vehicle parking areas.

6.

Refuse Storage and Location. An adequate refuse storage area shall be provided for the residential use.

7.

Location of new residential units shall consider existing surrounding uses in order to minimize impacts from existing uses.

8.

Boarding House. A boarding house shall comply with the following requirements:

a.

Provision of a management plan to ensure twenty-four (24) hour on-site management, security and any necessary social services;

b.

Provision of usable outdoor area consistent with the requirements of the district in which it is located.

9.

Live/Work Quarters. The purpose of live/work quarters is to allow residential use in a commercial district with the intent of permitting people to live in a work environment. Live/work quarters are subject to the following requirements:

a.

Residents of live/work quarters are required to acknowledge, as part of their lease agreement, the commercial nature of the surrounding area.

b.

The FAR standards for the district shall establish the permitted intensity.

c.

The parking requirement shall be based on the number of spaces required for the nonresidential square footage, or as determined by parking study.

d.

All living areas must be suitable for residential purposes, as determined by the building inspector.

e.

At least one of the residents of a live/work quarters shall be required to have a city business license.

f.

The site is free of hazardous materials, as determined by the fire department.

(Ord. 1838 § 40, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, §§ 59, 60, 6-21-2010; Ord. No. 1964, § 2(Exh. B) § 19, 11-19-2018; Ord. No. 1996, div. 2(Exh. A, 7.2), 8-16-2021)

14.17.110 - Outdoor eating areas proposed in conjunction with food service establishments.

A.

Purpose. The purpose of this section is to promote outdoor seating in conjunction with food service establishments to enhance the pedestrian ambiance of the city. Performance standards ensure that outdoor seating for restaurants and cafes does not adversely impact adjacent properties and surrounding neighborhoods.

B.

Applicability. Performance standards for outdoor eating areas proposed in conjunction with restaurants or other food service establishments shall apply in any zoning district where food service establishments are permitted uses (as of right or by conditional use permit). Compliance with performance standards for outdoor eating areas shall be reviewed through an administrative use permit and administrative

environmental and design review permit process for any existing food service establishment. In cases where the restaurant or food service establishment is being proposed as a new use and is subject to a conditional use permit in the zoning district is which it is located, the performance standards shall be

incorporated into the required use permit. Notwithstanding the foregoing, any outdoor eating area located on city sidewalks or rights-of-way shall not be subject to the administrative use permit or use permit process, but shall be regulated as provided in Section 14.16.277.

C.

Standards.

1.

Property Development Standards. The outdoor eating area shall comply with the property development standards for the zoning district in which it is to be located.

2.

Accessory Use. The outdoor eating area shall be conducted as an accessory use to a legally established restaurant or food service establishment.

3.

Intensification of Use. The proposed area for outdoor eating shall not exceed twenty-five percent (25%) of the indoor seating area.

4.

Parking. Parking shall be provided for all permanently covered outdoor seating areas located outside of the downtown parking assessment district in accordance with parking standards in Section 14.18.040 (Parking requirements).

5.

Barriers. If perimeter barriers are proposed around the outdoor eating area, approvals from the community development and public works departments shall be required. Perimeter barriers shall be temporary/movable fixtures unless the sidewalk has been expanded to accommodate an outdoor eating area. In areas where the sidewalk has been expanded, a permanent barrier and/or structure can be considered subject to terms and conditions of a license or lease agreement. If a barrier is bolted to a public sidewalk and is subsequently removed, the sidewalk shall be repaired subject to the review and approval of the public works director.

6.

Sunshades. Retractable awnings and umbrellas may be used in conjunction with an outdoor eating area, but there shall be no permanent roof, or shelter over the sidewalk cafe area unless the sidewalk has been previously expanded to accommodate an outdoor eating area. Any awning, umbrella, permanent roof or shelter shall be adequately secured, and shall comply with the provisions of the Uniform Building Code.

7.

Fixtures. The furnishings of the interior of the outdoor eating area shall consist only of movable tables, chairs and umbrellas. Movable plant pots or planter boxes are also permitted. Lighting fixtures may be

permanently affixed onto the exterior of the principal building, but shall be shielded from adjacent uses.

8.

Refuse Storage Area. No refuse structure enclosure or receptacle shall be erected or placed on a public sidewalk or right-of-way.

9.

Maintenance. The sidewalk inside the outdoor eating area, the adjacent areas outside of the eating area, and all appurtenances related thereto, shall be steam cleaned or pressure washed on a quarterly basis, and shall be otherwise maintained at all times in good repair and in a clean and attractive condition as determined by the community development director.

10.

Hours of Operation. The hours of operation of the outdoor eating area may be limited depending on surrounding uses.

(Ord. 1751 §§ 4, 5, 2000: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 61, 6-21-2010)

Outdoor storage may be permitted where the incidental storage of equipment and materials would be appropriate and related to a primary use or ongoing business operation. Such activities would typically be associated with industrial and light industrial storage yards or utility yard uses, and commercial contractor or commercial building supply uses.

A.

The following standards shall apply to the establishment of outdoor storage uses on non-residential properties, where such activities are listed as a conditionally permitted use in the land use tables of the underlying district.

1.

Outdoor storage uses shall be screened from public view with fencing, enclosure, structure and/or landscaping as appropriate and necessary for the underlying zoning district, to provide a buffer between adjacent uses, and to screen the use from public view.

2.

Outdoor storage shall not be placed within required yard setbacks, landscape or parking areas required for the use or site.

3.

Outdoor storage may also be subject to design review, as required by Chapter 14.25.

B.

An "outdoor storage" land use is not permitted within a residential district. Temporary placement of moving or storage containers or debris boxes on a residential property, within a driveway or required yard area, may be allowed for a limited duration, generally not to exceed ninety (90) days, or as otherwise provided under the terms of a building permit issued for the site.

(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

A.

Purpose. Standards for temporary uses allow the short term placement (generally one (1) year or less) of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with surrounding areas.

B.

Applicability. Performance standards for specified temporary uses shall apply in any district where a temporary use is a conditional use. Performance standards for temporary uses shall be administered through an administrative use permit in all commercial, office and industrial zoning districts, or a use permit (zoning administrator) in the R/O and 5/M R/O districts or any PD district (with or without an approved or valid development plan). The following temporary uses are subject to performance standards:

1.

Outdoor seasonal product sales, including Christmas tree lots and pumpkin sales lots, for periods not exceeding thirty (30) consecutive calendar days;

2.

Trailers/mobilehomes that provide residences for security personnel associated with any construction site;

3.

Trailers/mobilehomes that provide offices for the following temporary uses:

a.

Temporary or seasonal businesses such as carnivals or Christmas tree sales,

b.

Business offices or sales facilities where construction of a permanent facility is being diligently completed,

c.

Construction offices where construction is being diligently completed,

d.

Real estate offices on-site of a proposed subdivision until such time as the notice of completion is filed with the building inspection division,

e.

Financial or public utilities that are required to maintain a place of business at a location at which no permanent structure suitable for the purpose is available;

4.

Fairs, festivals, concerts, farmer's markets, swap meets or other special events when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities;

5.

Similar temporary uses which, in the opinion of the community development director, are compatible with the district and surrounding land uses.

Temporary uses may be subject to additional permits, other city department approvals, licenses and inspections as required by applicable laws or regulations. Temporary uses which may have specific regulations specified in the municipal code include such uses as: meetings, assemblies and parades in public places (Chapter 5.70) and Carnivals, Circuses (Chapter 10.44).

C.

Exemptions.

1.

Events which occur in theaters, meeting halls or other permanent public assembly facilities;

2.

Carnivals, fairs, bazaars or special events held on school premises or at religious institutions;

3.

Special events less than seventy-two (72) hours and sponsored by the San Rafael business improvement district;

4.

Events which receive street closure approval from the city council.

5.

Recycling or "e-waste" collection events conducted or sponsored by a public agency for the purpose of collecting non-recyclable items such as electronics, paint or other materials and preclude deposit of such items into the sanitary landfill, when located on a developed non-residential property for a maximum duration of three (3) consecutive days and no more than two (2) times annually (calendar year).

D.

Findings.

1.

The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

2.

The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site.

3.

The proposed site is adequately served by streets having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate.

4.

Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the community development director.

In approving the application for an administrative permit for a temporary use, the community development director may impose conditions that are deemed necessary to ensure the permit will be in accordance with the required findings and standards.

E.

Standards. The applicant shall provide information to show that the following standards have been satisfactorily addressed:

1.

Temporary Parking Facilities. Appropriate traffic control measures and adequate temporary parking facilities, including vehicular ingress and egress, shall be provided to the satisfaction of the city public works department and the police department.

2.

Nuisance Factors. Measures to control or mitigate potential nuisance factors such as glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat shall be provided to the satisfaction of the community development department, planning division.

3.

Site Issues. The placement, height and size of temporary buildings, structures and equipment shall be reviewed by the community development department, planning division for consistency with base district regulations and other zoning ordinance requirements.

4.

Sanitary/Medical Facilities. Sanitary and medical facilities shall be provided to the satisfaction of the county health department.

5.

Trash/Litter Control. Adequate measures shall be taken for the collection, storage and removal of garbage, litter or debris from the site to the satisfaction of the community development department, planning division.

6.

Signs. Any proposed signage for the temporary use shall comply with Chapter 14.19, Signs, to the satisfaction of the community development department, planning division.

7.

Hours of Operation. The use shall be limited in terms of operating hours and days to ensure compatibility with surrounding uses and neighborhood to the satisfaction of the community development department, planning division.

8.

Performance Bonds. A performance bond or other security deposit shall be submitted to the city finance department to assure that any temporary facilities are removed from the site within a reasonable timeframe following the event and that the property is cleaned up and restored to its former condition.

9.

Public Safety. Security and public safety measures shall be provided, including traffic control measures if needed, to the satisfaction of the police department.

10.

Compliance With Other Laws. Approval of the requested temporary permit is contingent upon compliance with applicable provisions of other laws. Any event which includes the preparation, sale or serving of food shall comply with Marin County Health Department standards and permit requirements.

11.

Other. Other conditions may be required as needed to ensure the proposed temporary use is managed and operated in an orderly and efficient manner and in accordance with the intent and purpose of this section.

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

(Ord. No. 1882, Exh. A, § 62, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014)

Chapter 14.18 - PARKING STANDARDS