Chapter 10.44 SPECIFIC USE REQUIREMENTS

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 the Planning Commission adopts findings pursuant to subsection E of this section (Findings to Waive Specific Use Requirements) can be made. 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). This chapter regulates the following uses:

1. Accessory uses and structures (SMC 10.44.020);

2. Home occupations (SMC 10.44.030);

3. Noncommercial vehicle and boat repair and storage in residential areas (SMC 10.44.040);

4. Accessory storage (SMC 10.44.050);

5. Mobile home/manufactured housing standards (SMC 10.44.060);

6. Piers, docks, floats and wharves (SMC 10.44.070);

7. Secondary dwellings, existing (SMC 10.44.080);

8. Detached dwelling units (SMC 10.44.090);

9. Child day care (SMC 10.44.100);

10. Religious institutions, private clubs, fraternal organizations (SMC 10.44.110);

11. Senior housing projects (SMC 10.44.120);

12. Arks (SMC 10.44.130);

13. Harbor and marina facilities (SMC 10.44.140);

14. Open water moorings (SMC 10.44.150);

15. Houseboats (SMC 10.44.160);

16. Liveaboards (SMC 10.44.170);

17. Veterinary clinics and kennels (SMC 10.44.180);

18. Residential use in commercial districts (SMC 10.44.190);

19. Recycling collection stations (SMC 10.44.200);

20. Restaurants (SMC 10.44.210);

21. Restaurants – Outdoor eating areas (SMC 10.44.220);

22. Visitor serving stores (SMC 10.44.230);

23. Formula retail (SMC 10.44.240);

24. Office conversions (SMC 10.44.250);

25. Service stations (SMC 10.44.260);

26. Freestanding personal structures (SMC 10.44.270);

27. Offices, temporary (SMC 10.44.280);

28. Storage, accessory (SMC 10.44.290);

29. Temporary outdoor retail sales (SMC 10.44.300);

30. Temporary uses and events (SMC 10.44.310);

31. Medical marijuana dispensaries (SMC 10.44.320).

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:

1. Where the provisions of this chapter conflict with those of Chapters 10.20 through 10.28 (Zoning Districts Regulations), 10.40 (General Development Regulations) or 10.42 SMC (Sign and Awning Regulations), this chapter shall control, except where this chapter explicitly states otherwise.

2. Where a site or land use is subject to more than one section of this chapter, the most restrictive standards 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 that are more restrictive to protect public health, safety, and welfare.

E. Findings to Waive Specific Use Requirements. The Planning Commission may waive specific use requirements established by this chapter in special situations when the following finding can be made:

1. Based on the unique project characteristics and location, the specific use requirement is not necessary to meet the purpose and objectives of the underlying zoning district and general plan designation. [Ord. 1205 § 29, 2012; 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.

6. Home occupations permitted pursuant to SMC 10.44.030 (Home occupations).

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.

4. Structure Size. Accessory buildings and structures shall not exceed one story or 15 feet in height, and may occupy up to 25 percent of the required rear yard area, consistent with SMC 10.40.050. The following requirements shall also apply:

a. No such building shall be used for sleeping quarters; and

b. The height of any such building at the rear property line shall not exceed six feet. Such building or structure may then be increased one foot in height for each foot such building or structure is set back from the rear property line.

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.

4. Any fence proposed for construction or installation, which requires the issuance of a building permit, shall be subject to administrative design review and approval pursuant to SMC 10.54.040 (Administrative design review permits).

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.

4. Horses may be kept subject to the following:

a. Stable or corral shall be located a minimum of 50 feet from any dwelling; and

b. One horse shall be permitted for each one-half acre of contiguous land area under the same ownership.

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. 1205 § 31, 2012; Ord. 1167 § 2, 2003.]

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:

a. The employee shall work on site only during the primary business hours prescribed under subsection (C)(12) of this section (Hours of Operation); and

b. The site provides all required parking prescribed by Chapter 10.40 SMC (General Development Regulations).

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. 1185 § 3, 2007; Ord. 1167 § 2, 2003.]

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 Section 65852.3 et seq. of the Government Code;

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 Section 65852.3 et seq. of the Government Code; 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 design review approval pursuant to SMC 10.54.050 (Design review permits).

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 California Government Code Section 65852.3, certified mobile homes (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 (manufactured home) shall be placed on a foundation system pursuant to Section 18551 of the California Health and Safety Code.

3. Architectural Standards. Certified mobile homes (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), as allowed by State law. [Ord. 1167 § 2, 2003.]

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.

3. Design Review. All such improvements shall be subject to administrative design review as provided by SMC 10.54.040 (Administrative design review permits).

4. Flood Elevation Variance. All such improvements shall be subject to issuance of a flood elevation certificate per Chapter 8.48 SMC.

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 unit regulations.

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 also to comply with Government Code Section 65852.2 relating to accessory dwelling units. Requirements in this section shall be interpreted consistent with the requirements of State ADU law, and guidelines promulgated by the Department of Housing and Community Development pursuant to Government Code Section 65852.2(i).

B. Applicability. Accessory dwelling units shall only be allowed in zoning districts which permit single-family or multifamily residential uses. However, pursuant to the authority provided by Section 65852.21(f) of the Government Code, no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in a single-family zoning district if: (1) an urban lot split has been approved pursuant to Chapter 9.70 SMC, and (2) a two-unit development has been approved for construction pursuant to SMC 10.44.350.

C. Definitions. The following definitions shall be used for purposes of this section:

1. Accessory Dwelling Unit. “Accessory dwelling unit” means an attached or detached 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 dwelling unit. It shall include 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. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007, as may be amended from time to time.

2. Multifamily Dwelling. For the purposes of this section only, “multifamily dwelling” means a residential building containing two or more dwelling units that is located on one lot.

3. Passageway. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of an accessory dwelling unit.

4. Public Transit Stop. “Public transit stop” means a designated bus stop, train stop, ferry terminal, or other public transit station where the public may access buses, trains, ferries or other forms of public transit that charge set fares, run on fixed routes, and are available to the public.

D. Application Process.

1. An accessory dwelling unit permit is required to establish a new accessory dwelling unit. Any application for an accessory dwelling unit or junior accessory dwelling unit shall be considered administratively, without discretionary review or public hearing, and shall be approved or denied within 60 days of receiving a complete application.

2. If the permit application is submitted with a permit application to create a new single-family dwelling or multifamily dwelling on the lot, the application for the accessory dwelling unit shall not be acted upon until the application for the new single-family or multifamily dwelling is approved or denied, but thereafter shall be ministerially processed within 60 days of such action on the single-family or multifamily dwelling.

3. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

4. An application for an accessory dwelling unit permit shall be made by the property owner and filed with the Community Development Department on a form prescribed by the Community Development Director. Unless otherwise determined by the Community Development Director, the submittal shall include fees, a site plan, floor plans, elevations, certification and any other information reasonably requested and contained on the form prescribed by the Community Development Department. All permits under this section shall be considered administratively without discretionary review or public hearing.

5. The City Council shall establish by resolution from time to time the respective application fees for an accessory dwelling unit permit. Any such fees may not exceed the estimated reasonable cost of processing an accessory dwelling unit permit. All accessory dwelling units are also subject to building inspection and permit fees.

E. Accessory Dwelling Unit Permit Standards. An accessory dwelling unit permit shall be issued by the Community Development Director upon compliance with the following development standards and requirements, except as set forth in subsection F of this section:

1. Accessory Dwelling Units per Parcel. Only one accessory dwelling unit may be allowed per residential parcel containing an existing or proposed single-family dwelling unit, except as permitted under subsection F of this section.

2. Access. An accessory dwelling unit shall have a separate entrance from the primary dwelling unit. An entrance leading to a foyer with entrances leading from the foyer to the primary dwelling unit and the accessory dwelling unit is permitted and constitutes a separate entrance.

3. Kitchen and Bathroom Facilities. An accessory dwelling unit shall contain its own kitchen facility and bathroom facility separate from the primary dwelling unit, except for an efficiency unit as permitted under Section 17958.1 of the Health and Safety Code.

4. Building Permits. An accessory dwelling unit shall comply with the California Building Code, including local amendments adopted by the City.

5. Setbacks.

a. Unless otherwise provided for in this section, a new detached or attached accessory dwelling unit shall have side and rear setbacks of at least four feet and otherwise shall conform with the setback regulations applicable to the primary dwelling unit parcel upon which the accessory dwelling unit is located.

b. No setback shall be required to convert existing living area, or an existing accessory structure (or portion thereof), to an accessory dwelling unit (or portion thereof) in the same location and to the same dimensions as an existing structure.

6. Floor Area, Building Coverage, Impervious Surfaces and Density.

a. Construction of a new attached or detached accessory dwelling unit shall conform with the floor area, coverage, and impervious surfaces regulations applicable to the primary dwelling unit parcel upon which the unit is located, unless in conflict with other provisions of this section.

b. For the purposes of complying with the development standards for dwelling units in two-family and multiple-family residential zoning districts (SMC 10.44.330), an accessory dwelling unit shall be treated as a separate unit and shall not be calculated as part of the primary dwelling unit on the lot.

c. Pursuant to State law, a lawfully created accessory dwelling unit shall not be deemed to be an accessory use or an accessory building, shall not be considered when calculating the allowable density for the lot upon which it is located, and is deemed to be a residential use that is consistent with the general plan and zoning designations for the lot.

7. Waiver of Development Standards Required to Build up to 800-Square-Foot ADU. Limits on setbacks, lot coverage, floor area ratio, open space, and size shall be waived if necessary to allow an 800-square-foot detached or attached accessory dwelling unit with four-foot side and rear yard setbacks; provided, that the proposed accessory dwelling unit is in compliance with all other development standards including height limits.

a. An accessory dwelling unit shall not exceed 850 square feet for a studio or one bedroom unit and 1,000 square feet for a unit that contains more than one bedroom when determined to be in compliance with subsection (E)(6) of this section.

8. Height.

a. Attached Units. The height of a new attached accessory dwelling unit shall not exceed a height limit of 25 feet. Height shall be measured at any point along the roofline of the proposed accessory dwelling unit to the existing or created grade (whichever is lower), directly below the unit. For any portion of an accessory dwelling unit located below the primary residence, height shall be measured from the top of the ceiling joists to the existing or created grade (whichever is lower), directly below the unit.

b. Detached Units.

i. A height limit of 16 feet applies to a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit, except as set forth below.

ii. A height of 18 feet applies to a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

iii. A height limit of 18 feet applies to a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

iv. Height shall be measured at any point along the roofline of the proposed accessory dwelling unit to the existing or created grade (whichever is lower) directly below the unit.

9. Parking Requirements.

a. One off-street parking space is required per accessory dwelling unit.

b. Off-street parking shall be permitted in rear and side yard setback areas in locations determined by the Community Development Director or through tandem parking, unless the Community Development Director makes specific findings that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

c. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, the parking spaces need not be replaced.

10. Parking Exemptions. An accessory dwelling unit shall be exempt from the parking requirements of this section in any of the following instances:

a. The accessory dwelling unit is located within one-half-mile walking distance of a public transit stop;

b. The accessory dwelling unit is located within an architecturally and historically significant historic district;

c. The accessory dwelling unit is located within one block of a designated parking area for one or more car-share vehicles;

d. The accessory dwelling unit is part of a proposed or existing primary residence or accessory structure; or

e. On-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.

11. Short-Term Rentals. An accessory dwelling unit may not be rented for fewer than 30 calendar days.

12. No Passageway. No passageway is required in conjunction with an accessory dwelling unit.

13. Fire Sprinklers. Accessory dwelling units are not required to have fire sprinklers if they are not required in the single-family or multifamily dwelling unit on the lot. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in any existing dwelling unit.

14. Sale. Accessory dwelling units shall not be sold separately from the primary dwelling unit, except as permitted under Government Code Section 65852.26.

15. Utilities and Impact Fees.

a. No accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property.

b. An accessory dwelling unit is required to have a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility, except for projects approved pursuant to Government Code Section 65852.2(e)(1)(A) and subsection (F)(1) of this section. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values.

c. Impact Fees.

i. No impact fees may be imposed on an accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, “impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code and imposed by the City, a county, a special district, or a water corporation, but do not include utility connection fees or capacity charges.

ii. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

16. The City shall not require as a condition for approval of a permit application for the creation of an accessory dwelling unit correction of nonconforming zoning conditions, or building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the accessory dwelling unit.

17. Downtown Historic District. Attached and new construction detached accessory dwelling units in the downtown historic district shall comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

F. State Mandated Approval. Notwithstanding anything in this code to the contrary, an accessory dwelling unit permit shall be issued ministerially by the Community Development Director to create any of the following within a residential or mixed-use zone:

1. One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:

a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

b. The accessory dwelling unit has exterior access that is separate from the exterior entrance proposed or existing single-family dwelling.

c. The side and rear setbacks are sufficient for fire and safety.

d. The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22.

2. One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling, subject to the following requirements:

a. A total floor area limitation of not more than 800 square feet.

b. A height limitation of 18 feet, plus for single-family residential zoned lots an additional two feet to accommodate a roof pitch that is aligned with the roof pitch of the existing or proposed main house.

The new construction detached accessory dwelling unit in this subsection may be combined with a junior accessory dwelling unit as described in subsection (F)(1) of this section.

3. Not more than two detached accessory dwelling units that are located on a lot that has an existing multifamily dwelling, subject to a height limit of 18 feet and four-foot rear yard and side yard setbacks. If the existing multifamily dwelling has a rear or side setback of less than four feet, modification of the existing multifamily dwelling is not required as a condition of constructing the accessory dwelling unit.

4. Conversion of 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, into new accessory dwelling units; provided, that each unit shall comply with State building standards for dwellings. The number of new accessory dwelling units authorized for conversion under this subsection shall not exceed 25 percent of the existing dwelling units in the multifamily dwelling structure or one new accessory dwelling unit, whichever is greater.

G. Unpermitted ADUs. The Community Development Director shall issue an accessory dwelling unit permit to any unpermitted accessory dwelling unit that was constructed before January 1, 2018, in accordance with the requirements of Government Code Section 65852.23.

H. Decisions of the Director under this section shall be final and are not subject to further appeal. [Ord. 05-2023 § 2, 2023; Ord. 1288 § 3, 2022; Ord. 1281 § 3, 2020; Ord. 1267 § 1, 2019; Ord. 1247 § 1, 2017; Ord. 1209 § 2, 2012; Ord. 1205 § 30, 2012.]

10.44.085 Junior accessory dwelling unit regulations.

A. Purpose. The City of Sausalito finds and declares that junior accessory dwelling units are a valuable form of housing that allows for the expansion of affordable and flexible housing options.

The purpose of this section is also to comply with Government Code Section 65852.22 relating to accessory dwelling units.

B. Applicability. Junior accessory dwelling units shall only be allowed within the walls of existing or proposed single-family homes in single-family residential (R-1-20, R-1-8, R-1-6), houseboats (H), and arks (A) zoning districts. Junior accessory dwelling units shall be prohibited in all zoning districts in which they are not expressly allowed.

C. Definitions. The following definition shall be used for purposes of this section:

1. Junior Accessory Dwelling Unit. “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within the walls of a proposed or existing legally created single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

D. Application Process.

1. A junior accessory dwelling unit permit is required to establish a new junior accessory dwelling unit. Any application for a junior accessory dwelling unit that meets the junior accessory dwelling unit standards contained in subsection E of this section shall be approved administratively without discretionary review or public hearing.

2. Notwithstanding subsection (D)(1) of this section, if the permit application is submitted with a permit application to create a new single-family dwelling on the lot, the application for the junior accessory dwelling unit shall not be acted upon until the application for the new single-family dwelling is approved, but thereafter shall be ministerially processed within 60 days of receiving a complete application. Occupancy of the junior accessory dwelling unit shall not be allowed until the City approves occupancy of the primary dwelling. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

3. An application for a junior accessory dwelling unit permit shall be made by the property owner and filed with the Community Development Department on a form prescribed by the Community Development Director. Unless otherwise determined by the Community Development Director, the submittal shall include fees, a site plan, floor plans and any other information reasonably requested and contained on the form prescribed by the Community Development Department.

4. The City Council shall establish by resolution from time to time the respective application fees for a junior accessory dwelling unit permit. Any such fees may not exceed the estimated reasonable cost of processing a junior accessory dwelling unit permit. All accessory dwelling units are also subject to building inspection and permit fees.

E. Junior Accessory Dwelling Unit Standards. Notwithstanding anything to the contrary in this section or elsewhere in the code, a junior accessory dwelling unit permit shall be issued upon compliance with the following development standards and requirements:

1. Density. No more than one junior accessory dwelling unit shall be permitted per residential lot zoned for single-family residences. The parcel must contain at least one existing or proposed single-family dwelling. A junior accessory dwelling unit shall not be considered when calculating the allowable density for the lot upon which it is located.

2. Owner-Occupancy. The property owner must occupy either the primary dwelling unit or the junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

3. Deed Restriction. Prior to building permit issuance, a deed restriction shall be recorded, in a form approved by the City Attorney, to ensure that:

a. A junior accessory dwelling unit shall not be sold separately from the primary dwelling unit, including a statement that the deed restriction may be enforced against future purchasers;

b. The junior accessory dwelling unit is restricted to the size and attributes that conform to this section;

c. Either the primary or junior accessory dwelling unit is owner-occupied (unless the owner is a governmental agency, land trust, or housing organization); and

d. The property shall not be rented for fewer than 30 consecutive calendar days.

4. Interior Conversion. A junior accessory dwelling unit must be constructed within the walls of the existing or proposed single-family dwelling unit.

5. Access. A junior accessory dwelling unit shall have a separate entrance from the main entrance to the single-family dwelling.

6. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.

7. Sanitation Facilities. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family dwelling unit and shall have direct access to the primary dwelling so as to not need to go outside to access the bathroom.

8. Maximum Unit Size. The floor area for a junior accessory dwelling unit shall be no greater than 500 square feet.

9. Off-Street Parking. No additional off-street parking is required for a junior accessory dwelling unit.

10. Sale. Junior accessory dwelling units shall not be sold separately from the primary dwelling unit.

11. Utilities and Impact Fees.

a. Junior accessory dwelling units shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges.

b. No impact fees may be imposed on a junior accessory dwelling unit. For purposes of this section, “impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code and imposed by the City, a county, a special district, or a water corporation, but do not include utility connection fees or capacity charges.

12. All development standards contained in the underlying zoning district shall apply to junior accessory dwelling units unless they are inconsistent with the provisions of this section, in which case the standards of this section shall apply.

F. The City shall not require as a condition for approval of a permit application for the creation of a junior accessory dwelling unit correction of nonconforming zoning conditions, or building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.

G. Decisions of the Director under this section shall be final and are not subject to appeal. [Ord. 05-2023 § 3, 2023; Ord. 1281 § 4, 2020; Ord. 1268 § 1, 2019.]

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.

C. Exceptions. Exceptions to the general requirements specified under subsection B of this section (General Requirements) may be granted under applications for planned unit developments (SMC 10.28.060, Planned development (-Pd)).

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:

1. To implement the provisions of the California Child Day Care Act set forth in Chapters 3.4 through 3.6 of Division 2 of the Health and Safety Code (Section 1596.70 et seq.); and

2. To provide reasonable standards, restrictions, and requirements specifically relating to child day care facilities.

Child day care uses shall comply with the standards of this section.

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:

a. Applicable provisions of SMC Title 8 (Buildings and Construction);

b. Any standards of the State Fire Marshal and the Sausalito Fire Department relating to fire and life safety;

c. Licensed or deemed to be exempt from licensure by the State of California as a day care center;

d. Any conditions imposed by the Planning Commission deemed necessary to satisfy the requirements of SMC 10.50.100 (Recommended conditions of approval) and 10.60.060 (Conditions of approval).

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

2. To provide for coordination of on-site facilities.

Churches, synagogues, and other religious institutions and related uses are subject to this section when such uses are allowed by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations).

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:

1. Front: 15 feet.

2. Side and rear: 20 feet.

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:

1. Senior housing provides a needed housing alternative to accommodate an increasing senior citizen population.

2. Senior housing impacts a neighborhood less than standard apartment complexes, particularly related to density and parking.

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 to 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:

a. Is expected to be of a long, continued, and indefinite duration;

b. Substantially impedes the person’s ability to live independently; or

c. Is of such nature that the person’s ability to live independently could be improved by a more suitable housing condition; and

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.

Housing projects that reserve between 50 percent and 100 percent of the units for at least one occupant each that is 62 or older are subject to the density bonus provisions of SMC 10.40.130 (Residential density bonuses and incentives).

D. Site Design and Development Standards. Senior housing projects shall comply with the following:

1. Density. Senior housing projects in the senior housing overlay district shall be allowed a density bonus of 33 percent over the density allowed by the base zoning district, except as modified by subsection F of this section (Density Bonus Criteria).

2. 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 percent total parking reduction from standards established by this subsection. A covenant approved by the City Attorney shall be filed with the County Recorder’s Office. The covenant shall specify there shall be no change in use of the property unless off-street parking is installed to meet the requirements of this title for the new use.

3. 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. Calculation of Density Bonus. Density credits shall be applied to the maximum residential density of the applicable zoning district. For example, if the applicable zoning allows a maximum of four units on a project site and the project qualifies for a total density bonus of 25 percent, the project shall be allowed a density of five units.

2. Maximum Bonus Allowed. Density bonuses shall be limited to that specified by State law.

G. Findings for Approval. Approval of a conditional use permit (CUP) for a senior housing project shall require the following findings, in addition to those required by SMC 10.60.050 (Findings):

1. The number of units approved in the project can be adequately accommodated by the existing or planned infrastructure that will serve the project.

2. Adequate evidence indicates the project will provide senior citizen housing consistent with the purposes of this section. [Ord. 1167 § 2, 2003.]

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.

E. Parking. Notwithstanding the provisions of SMC 10.40.100 (Parking standards) et seq., no off-street parking spaces shall be required for an existing single-family ark dwelling. [Ord. 1261 § 20, 2018; Ord. 1167 § 2, 2003.]

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.

F. Residential Uses. Refer to SMC 10.44.160 (Houseboats) and 10.44.170 (Liveaboards) for additional requirements of residential uses in a marina or harbor. [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:

1. To provide affordable housing opportunities for low and moderate income households;

2. To promote 24-hour security in marinas and harbors;

3. To ensure compatibility with adjacent land uses; and

4. To ensure environmentally sensitive use of water areas for residential uses.

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. 1205 § 32, 2012; Ord. 1167 § 2, 2003.]

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 use 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. Location.

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. 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 located in the CR zoning district are to be preserved. Any commercial use on levels above the street, up to a maximum of 1,000 square feet, permitted pursuant to subsection (C)(5)(a) of this section shall also require a conditional use permit.

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.

3. Commercial uses are an allowed use on the first (street or ground) level pursuant to SMC 10.24.030.

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). For residential density bonus and incentives see SMC 10.40.130.

2. Requirements. 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 of one to five units must provide a minimum of one affordable unit. Developments with six or more units shall require at least 20 percent of the units as affordable. When the number of affordable 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. 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:

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.

c. Development and application fees, including plan check and building permit fees, shall be reduced to a rate of 50 percent of the adopted development fees for the affordable portions of the project. The fee reduction shall be calculated on pro rata basis 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.

5. Exceptions to Requirements. Waiver of specific use requirements in this section pursuant to SMC 10.44.010(E) shall only be considered in the following two instances:

a. To allow for an exception to subsection (B)(1) of this section, which requires that all uses located above the first (street or ground) level of all existing and new structures shall be residential, to allow for upper level commercial uses. The expansion of an existing business within the same or adjacent site, or the allowance of small commercial uses (up to a maximum 1,000 square feet per parcel) may be special situations considered by the Planning Commission when evaluating an exception to subsection (B)(1) of this section.

b. To allow for an exception to SMC 10.44.010(E), which requires that affordable units provide a minimum of two bedrooms. To receive an exception from SMC 10.44.010(E), it must be demonstrated that there are physical site constraints which make infeasible units with two or more bedrooms whether affordable or market rate.

SMC 10.44.010(E) shall not be used to grant any other exceptions from this chapter except for the two instances listed above. [Ord. 1224 § 1, 2014; 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.

D. Signs. Recycling collection stations shall be subject to State sign requirements and Chapter 10.42 SMC (Sign and Awning Regulations). All other signs (other than State-mandated signs) are subject to Chapter 10.42 SMC (Sign and Awning Regulations).

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:

a. A mobile unit;

b. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet of floor area;

c. Kiosk-type units that may include permanent structures;

d. Unattended containers placed for the donation of recyclable materials.

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.

1. A minor use permit is required (see Chapter 10.58 SMC).

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:

a. The proposed use is incidental to a primary restaurant use.

b. The proposed use will not adversely affect residential uses.

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:

1. The need for such a facility to serve employees in the marinship area (as indicated with the -M overlay zoning designation) shall be determined.

2. New restaurants shall meet the following requirements:

a. Located on parcels of at least four acres.

b. Limited to a maximum occupancy of 40 seats.

c. Subject to the issuance of a conditional use permit pursuant to Chapter 10.60 SMC (Conditional Use Permits).

3. A finding is required that the location and signage does not encourage use by persons outside the marinship area. [Ord. 1205 § 33, 2012; Ord. 1167 § 2, 2003.]

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:

1. Twenty-five percent of the indoor dining area of the restaurant; or

2. Five tables; or

3. A capacity of 20 people.

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. 1205 § 34, 2012; Ord. 1167 § 2, 2003.]

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:

1. To provide economic and commercial diversity in the downtown area; and

2. To encourage a mix of resident serving and visitor serving businesses.

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. 1205 §§ 35, 36, 2012; Ord. 1167 § 2, 2003.]

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. 1184 § 2, 2007; Ord. 1167 § 2, 2003.]

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:

1. To provide economic and commercial diversity in the downtown area;

2. To provide an adequate level of resident-serving uses in all commercial areas; and

3. To maintain the character and attraction of Sausalito as a pedestrian-oriented City.

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:

1. The size of the retail sales area shall be limited to 500 gross square feet.

2. The required parking for the accessory use shall be three on-site parking spaces, one of which may be a handicapped parking space.

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.

2. Findings can be made pursuant to SMC 10.60.050 (Findings, conditional use permits).

Minor emergency services shall include, but not be limited to, the availability of minor automobile repairs, free open public restrooms, and refueling assistance.

F. Nonconforming Uses. A service station that is fully constructed as of the effective date of this title shall not be considered to be a nonconforming use pursuant to Chapter 10.62 SMC (Nonconforming Uses and Structures). [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.

B. Personal Structures. Design review by the Planning Commission shall be required for any personal structure that either:

1. Exceeds 10 feet in height from average grade; or

2. Has the potential to impair views. [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.

3. Food Sales. The sale of raw or processed foodstuffs is subject to SMC Title 12 (Health and Safety), and any other applicable regulations of the Marin County Health Department.

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:

1. Display of living plants or cut flowers by florist shops.

2. Hardware by hardware shops.

3. Outdoor dining facilities with the issuance of a conditional use permit pursuant to the provisions of Chapter 10.60 SMC (Conditional Use Permits).

4. Recreation facilities on private property.

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.

1. Permit Requirement. Minor use permit shall be required (Chapter 10.58 SMC, Minor Use Permits).

2. Duration of Temporary Use. The granting authority may authorize a temporary use for a maximum of one year in all zoning districts.

3. Extension of Time. The granting authority may allow a single extension of the original time limit not to exceed the length of time originally allowed.

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.* [Ord. 1185 § 2, 2007.]

* 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).

1. The “banks and financial service – retail” establishment shall be located on the ground floor of all buildings.

2. In addition to the submittal requirements outlined in SMC 10.60.030, submittal shall include a written description of the proposed business and all services offered.

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:

a. For a single-story wall or the first story of a two-story wall, privacy impacts shall be minimized by either:

i. A six-foot solid fence on the property line; or

ii. Clerestory or opaque windows for all windows facing the adjacent property.

b. For a second-story wall, all windows facing the adjacent property shall be clerestory or opaque.

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. A minimum of one off-street parking space shall be provided for each dwelling unit except that no parking shall be required when the parcel meets one or both of the following instances:

a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

b. There is a car share vehicle located within one block of the parcel.

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:

1. Approves or denies the building permit for the two-unit development; or

2. Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter.

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.]