San Rafael Municipal Code Ch. 19.10 Land and Water Areas

The purpose of this title is to set forth basic policy statements which can be utilized in the maintenance, operation and management of open space areas under the jurisdiction of the city.

(Ord. 1198 § 1 (part), 1975).

An open space area is any parcel or area of land or water which is essentially unimproved natural landscape area, such as rivers, streams, watershed and shoreline lands, forest and agricultural lands, ridges, hilltops, canyons and other scenic areas, acquired and/or leased by the city for open space purposes.

(Ord. 1198 § 1 (part), 1975).

(1) The city manager or his designated representative shall be responsible for the administration and management of open space areas and facilities under the jurisdiction of the city.

(2) The San Rafael parks and recreation commission shall serve as an advisory body to the city council and staff on all matters concerning the management and use of open space areas.

(3) Management of open space land and water areas acquired and/or leased by the city shall be compatible with the goals and objectives of the conservation and open space element of the San Rafael general plan.

(4) Improvements and/or developments for public educational or recreational use shall be limited to those areas and kinds of developments which are compatible with the preservation of natural amenities.

(5) The city shall encourage and seek agreements with other governmental jurisdictions such as the county, state, federal and other agencies for funding acquisition, development, maintenance and use of open space areas.

(6) The city shall encourage and promote cooperation and participation of private groups, organizations and individuals in the planning, operations, management and preservation of open space lands as deemed necessary by the city.

(7) Open space lands shall be open to the public for its rise and enjoyment in accordance with the policies, rules and regulations established by the city.

(8) The city shall, wherever possible, coordinate the use of its open space lands with other public and quasi-public lands that are contiguous to or otherwise interrelated.

(9) Public service utilities shall be located so that minimum harm is done to the environmental quality of the area.

(10) Reasonable precautions may be taken to reduce or eliminate existing and potential hazards, or dangerous and defective conditions which may be sources of injury to persons using open space areas and facilities.

(11) The city may, wherever possible, consider land capability information regarding slope stability and seismic hazard of a site in determining public access and location of recreational structures and activities within designated open space areas.

(12) The city may, wherever possible, require access and maintenance of access to open space areas from adjacent lands proposed for development.

(Ord. 1198 § 1 (part), 1975).

(1) Conservation and Education. Conservation and education uses shall be encouraged through individual and group participation. Conservation and education facilities, including nature trails, interpretive exhibits, day camps, nature study areas and other related facilities may be provided in areas where the effect on the natural environment will be minimal.

(2) Recreation. Public and/or private recreational activities shall be permitted in open space areas so designated for those types of uses. Recreational use such as hiking, riding, nature study, scientific study, photography, painting, sketching, picnicking and other day-use recreational activities compatible with the use policy shall be permitted.

(Ord. 1198 § 1 (part), 1976).

(1) Public Works Department. The public works department, in cooperation with other city departments, shall administer, maintain and operate open space lands for use and enjoyment of the public, and issue permits as required.

(2) Protection and Law Enforcement. Protection and law enforcement of open space areas and facilities shall be provided by the San Rafael police department.

(3) Fire Protection. Fire protection and control shall be provided by the city and county fire departments. The fire departments, in cooperation with the public works department and other departments of the city, shall have the responsibility for reducing fire hazards by establishing and maintaining fire roads, trails and fuel breaks within open space areas.

(Ord. 1198 § 1 (part), 1975).

(1) Use of Open Space. No person or group of persons shall use any open space area or facility for any purposes inconsistent with this title or other city ordinances and regulations, except with written permission from the public works department.

(2) Use of Buildings and Structures. No person shall use, occupy or otherwise remain in a building, structure or facility parking area beyond normal use hours without first having obtained a permit from the public works department.

(3) Hours of Use. No person shall be allowed to enter, loiter or remain in or on any city open space lands any later than one-half hour after sunset or earlier than one-half hour before sunrise without prior written permission from the public works department.

(4) Camping. For laws and regulations regarding camping within the City of San Rafael, see San Rafael Municipal Code chapter 19.50.

(5) Reservations. Reservations for use of areas and facilities may be granted. Persons using a facility which is subject to reservation by permit shall have priority over those not having permits. Upon presentation of the permit, nonreservation holders must vacate the area or facility.

(6) Closing of Areas. The city shall reserve the right to close certain open space areas to the public for the purpose of protecting the environmental quality of the area, during periods of extreme fire hazard, or other such purposes deemed hazardous or dangerous to persons or property.

(7) Prohibited Areas. The public works department may from time to time declare and post a prohibited area for such reasons as unsafe or dangerous conditions, maintenance, construction of improvements, etc. The purpose of this is to insure the safety and health of persons, to avoid interference in development, construction or management, or to provide for security, safeguarding and preservation of open space property.

(8) Utilities. No unauthorized person shall enter a fenced utility area or remove, destroy or tamper with any valve switch or control, any telephone, electrical, water or sewer line or system owned or operated by a public utility company or public agency.

(9) Grazing. Grazing by domestic animals shall not be permitted on open space lands, unless it can be clearly demonstrated that such grazing will be of significant benefit to an open space area and approval is granted by the city council.

(10) Destruction of Property. No person shall cut, break, injure, deface or disturb any tree, shrub, plant, rock, monument, fence, bench, table, structure, apparatus, equipment or property, or remove any flora or natural geological or paleontological features or mark or write upon any building, monument, fence, bench or other structure or carry any flowers, shrubs, or branches into or through any open space area. In addition, no person shall remove, add or introduce any vegetation, wood, soil, rock, sand or gravel from or onto any open space area without written permission from the public works department.

(11) Archaeological Features. No person shall remove, injure, disfigure, deface or destroy any object of archaeological or historical interest or value.

(12) Fires. No person shall start a fire for any purpose within any open space area except at places provided for such purpose unless prior special written permission has been obtained from the public works department.

(13) Smoking. Due to extreme fire hazard, public health, and environmental preservation, smoking shall not be permitted in open space areas including parking lots, at any time.

(14) Rubbish and Litter. No person shall dump, deposit or leave any bottles, broken glass, paper, boxes, cans, rubbish, waste or garbage, or other trash in any open space area. Waste or trash from incidental day use must be deposited in the receptacles provided on open space lands. If receptacles are not available, persons must upon departing carry out all residual items, waste, or trash for subsequent disposal in appropriate waste receptacles.

(15) Sewage or Waste Water. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, holding tanks or other plumbing fixtures directly upon or into the surface of the ground or water within an open space area.

(16) Swimming or Bathing. No person shall swim, bathe, wade, change or alter the water quality of any fountain, pond, lake, river, stream or waterway. No person or persons shall introduce to waters in an open space area substances that alter or change the natural water quality.

(17) Wildlife. No person shall hunt, molest, harm, frighten, kill, trap, poison, chase, tease, shoot or throw rocks or missiles at any fauna in any city open space area; however, law enforcement officials or agencies directed by the city may trap, hunt or kill fauna when necessary.

(18) Hunting and Dangerous Weapons. No person, except duly qualified and directed law enforcement officials, shall take into any open space area any firearm, air gun or gas weapon, slingshot, crossbow, bow and arrows, or other articles of like character.

(19) Fishing. No person shall take fish within the boundaries of any designated swimming area or other such restricted area as may be designated and posted by the city. Fishing in other areas shall be in accordance with the rules and regulations established by the city; provided, however, that no person shall utilize a spear or arrow while fishing on open space lands.

Except as otherwise posted, a valid state fishing license shall be required for all persons over the age of sixteen (16) years, and all state fish and game laws and regulations which are applicable shall apply (Fish and Game Code Section 7145).

(20) Release of Animals. No person or persons shall release, introduce or abandon any animal of any type to-an open space area.

(21) Dogs. No person shall bring a dog into open space areas unless the dog is on a leash of no more than six (6) feet in length and under the immediate control of the person.

(22) Horseback Riding, Hiking. No person shall drive, ride, lead or keep a horse or other animal in or on open space property except on such roads or trails or other areas so designated. No horse or other animal shall be hitched, leashed or tied to any tree, shrub, or structure in any manner that might cause damage thereto. No person shall ride any animal in a manner that might endanger life or limb of any person or animal, and no person shall allow his animal to be left unattended or insecurely tied.

(23) California Vehicle Code. All provisions of the California Vehicle Code shall apply in open space areas designated for vehicle use except as otherwise provided in the following:

(a) No person shall drive a vehicle in an open space area at a speed greater than posted.

(b) No person shall operate a motor vehicle, other than an emergency or maintenance vehicle, on, over or across a fire trail, hiking trail or open space lands, without first securing a written permit from the police department.

(c) No person shall park or leave any vehicle or trailer unattended so as to impede the drivers of other vehicles.

(d) No person shall operate any vehicle, motorcycle or motor-driven cycle in willful or wanton disregard for the safety of persons or property or natural amenities.

(e) No person shall operate any vehicle, motorcycle or motor-driven cycle in any open space area other than on roadways or drives provided for such purposes.

(24) Behavior. No person shall indulge in any riotous, boisterous, threatening, indecent or immoral or abusive behavior, or use profane and/or vulgar language while in or on any open space area or facility.

(25) Nudity. No person shall appear nude while in any public open space area.

(26) Vandalism. Parents or legal guardians of minor children shall be held accountable for the acts of their children. Damage or vandalism to open space areas, structures or equipment by children shall be the responsibility of the parent or legal guardian having custody or control of the minor.

(27) Restrooms. No person over the age of eight (8) years shall enter or use any toilet or restroom facility designated for members of the opposite sex.

(28) Miscellaneous Dangerous Activities. No person or persons shall engage in any of the following activities on open space lands, except in areas specifically designated and set aside from time to time by the city for such use:

(a) Use or possess fireworks of any kind;

(b) Drive, chip, or in any manner play or practice golf, or hit golf balls;

(c) Operate self-propelled model airplanes, boats, automobiles or other model craft of any kind or description;

(d) Throw, release or discharge missiles, rockets or similar projectiles;

(e) Hang glide or parachute;

(f) Engage in any activity or operate any device recklessly or negligently so as to endanger the life, limb or property of any person.

(29) Handbills or Circulars. No person shall distribute any handbills or circulars or post, place or erect on any open space lands any bills or notices advertising any program or event not specifically related to the open space and authorized by the city.

(30) Vendors. No vendor shall sell, expose for sale, or offer to sell on open space lands or along any street or sidewalk adjoining or approaching any open space area within two hundred (200) feet of such facility any goods, wares or merchandise of any kind whatsoever without a use permit approved by the San Rafael planning commission.

(Ord. 1198 § 1 (part), 1975; Ord. No. 2008, § 2, 5-16-2022; Ord. No. 2030, § 3, 7-17-2023)

(a) Where practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this chapter may result from the strict application of its provisions, exceptions may be granted as provided in this section.

(b) On appeal, the city council may grant an exception from the express terms of this chapter by making the following findings:

(1) There are exceptional or extraordinary circumstances or conditions applicable to the request;

(2) The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(3) The granting of the exception will not be detrimental to the public welfare or injurious to other property or property owners in the vicinity of the property that is the subject of the exception;

(4) The granting of the exception will not interfere with public use of or rights to open space lands.

(c) Any person requesting an exception shall make their request of the public works department. The public works director shall first forward the request to the San Rafael park and recreation commission. The commission shall forward its recommendation back to the director of public works who shall in turn contact the city clerk to set a public hearing before the city council in accordance with Section 19.10.080 regarding appeals.

(Ord. 1486 § 1, 1984).

(a) Any applicant or person aggrieved by any determination, decision, permit denial or issuance or similar actions taken by any administrative personnel under the provision of this title, may appeal the decision of the administrative personnel to the city council by filing with the city clerk a written application and notice of appeal within ten days after notification to the applicant of the action or the decision of the city's administrative personnel.

(b) The council shall hold a public hearing on this matter. Upon receipt of the application and notice of appeal, the city clerk shall set the public hearing date on this matter, which date shall not be more than thirty days after the date on which the application and notice of appeal were filed with the city clerk. The applicant shall be notified in writing of the date of the hearing. Within a reasonable time after the council has concluded its hearing, it shall, by resolution set forth its findings and decisions on the matter. The decision of the council shall be final. The city clerk shall mail a certified copy of the decision of the city council to the applicant and/or the appellant.

(c) When the city council holds a public hearing under this section, the city clerk shall cause notice of the public hearing to be published at least once in a newspaper of general circulation at least ten days prior to the hearing and shall mail notice of the hearing to owners of land situated within three hundred feet of the parcel of land or, if only a small portion of the parcel is affected, the part of the parcel which is the subject of such petition. Additional notice may be given in such other manner as the city may deem desirable. The failure of any person to receive the notice required by this section, shall not invalidate the pro-ceedings of the city council pursuant to this chapter.

(Ord. 1543 § 1, 1988; Ord. 1486 § 2, 1984).