Division III. Land Use Requirements

Chapter 10.40
GENERAL DEVELOPMENT REGULATIONS

Sections:

10.40.010    Purpose and applicability of chapter.

10.40.020    Development standards of the fair traffic limits initiative.

10.40.030    Minimum parcel standards.

10.40.040    Floor area ratio.

10.40.050    Building coverage limits.

10.40.060    Height requirements.

10.40.070    Setbacks and yards.

10.40.080    Exceptions to required setbacks.

10.40.090    Permitted projections into required setbacks.

10.40.100    Parking standards.

10.40.110    Parking space requirements by land use.

10.40.120    Design and improvement of parking.

10.40.130    Residential density bonuses and incentives.

10.40.140    Inclusionary housing.

10.40.010 Purpose and applicability of chapter.

A. Purpose. In addition to the general purposes established in SMC 10.10.030 (Title and purpose), the specific purpose of this chapter is to provide general regulations to guide the location, design and development of new land uses and structures and the alteration of existing uses and structures. The provisions of this chapter supplement and work with the development requirements of each base and overlay zoning district established by SMC 10.12.040 (Establishment of zoning districts). The illustrations in this chapter are supplemental to the text and serve to describe the development standards contained within the text. In the event of a conflict between the text and the illustrations, the text shall govern.

B. Applicability. All land use permits (SMC 10.12.050, Zoning clearance required) and subdivisions of land or air space (approved pursuant to SMC Title 9) shall comply with all applicable provisions of this chapter. [Ord. 1167 § 2, 2003.]

10.40.020 Development standards of the fair traffic limits initiative.

The following standards were adopted by a majority vote of the electors of the City of Sausalito on June 4, 1985 (full text in the appendix to this title). Included below, in italics, is clarification language adopted by Resolution 3407 of the City Council on July 16, 1985, and now made a part of this Zoning Ordinance. This section affects only the CN (commercial neighborhood), CS (commercial shopping center), IM (industrial marinship), CW (commercial waterfront), and W (waterfront), but does not affect the CC (central commercial) or any residential zoning districts. The CR (commercial residential) zoning district is affected only as provided in SMC 10.24.040(B) (New Development in CR District).

A. Findings and Purpose. The people of the City of Sausalito hereby find that it is in the best interests of the present and future residents of the City to reduce the increase in automobile traffic generated by new development in the City’s commercial and industrial zones and to preserve the maritime character of those areas by reducing permissible density in commercial and industrial areas.

This reduction is necessary to protect property rights and to ensure orderly development in commercial and industrial zones in the City in a manner that will not generate excessive traffic, air or noise pollution, nor diminish the public health and welfare.

B. Application of Standards. It is the intention of the people of Sausalito that the following policies govern the implementation of density standards and maximum floor area ratios:

1. Existing uses which are made nonconforming by this amendment shall be considered nonconforming under the provisions of SMC 10.62.020 (Applicability).

2. If on December 1, 1984, a parcel exceeds the maximum floor area ratio permitted by this amendment, that parcel may not be split into additional parcels in order to provide additional buildable area. This section limits the division of land parcels which on or after December 1, 1984, equaled or exceeded the maximum floor area ratio.

3. The zoning map of Sausalito effective as amended July 15, 1980, shall govern the affected zoning categories. No site may be redesignated to any other zoning classification that would allow greater density or floor area ratio. The term “categories” may be used interchangeably with the term “classifications.” The term “density” shall refer to the amount of floor area ratio as determined by the maximum floor area ratio column shown on the development standards table for each applicable commercial district. This section prohibits the redesignation of any site within the affected zoning districts to any other zoning classification from the list of classifications on the zoning map or any other zoning classification later invented, that would result in greater floor area ratio than presently attached to the site. No parcel reverts to the zoning classification that it bore on July 15, 1980.

4. Where a parcel is already developed up to or beyond the maximum floor area ratio, no conversion or change in use may be permitted when that conversion or change in use will result in increased commercial usage or density. The term “increased commercial usage or density” refers to the prohibition of increasing the allowable percentage of commercial use and floor area ratio above those indicated in the maximum floor area ratio column of the development standards table for each applicable commercial district. This section does not prohibit the addition or deletion to the list of permitted uses in each affected zoning classification; provided, that such a modification would not produce an increase in the amount of allowable floor area ratio that would have been permitted had the list not been modified.

5. In the CR zone, residential uses existing as of December 1, 1984, may not be converted into any other uses. This section limits the conversion of residential uses in the CR (commercial-residential) zoning district which existed on or after December 1, 1984.

6. The maximum floor area ratios identified for the CN (commercial neighborhood), CS (commercial shopping center), IM (industrial marinship), CW (commercial waterfront), and W (waterfront) zoning districts may not be exceeded by variance, conditional use, planned unit development or any other device. These zoning permits may not be used to increase the floor area ratio beyond the figures listed as the maximum floor area ratio in Table 2 of the initiative. Variances may be considered to modify required yards, height limit, required parcel size and building coverage; provided, that the variance does not result in an increase in the amount of development permitted by the floor area ratios in the development standards tables for each applicable commercial district. [Ord. 1167 § 2, 2003.]

10.40.030 Minimum parcel standards.

Each existing parcel proposed for development or a new land use shall comply with the provisions of this section. New parcels proposed in a subdivision shall comply with this section and all applicable provisions of SMC Title 9 (Subdivisions).

A. Definition. Parcel area shall be defined as the net parcel area as defined by Chapter 10.88 SMC (Definitions).

B. Minimum Parcel Requirements. All parcels shall meet minimum parcel size standards for permitted or conditionally permitted uses unless otherwise provided by this section. The following standards shall apply to all new parcels proposed by any application for major or minor subdivision, planned unit development, and lot line adjustment:

1. The width of any parcel shall not be less than 30 feet at any point.

2. The average width of any parcel shall not be less than 50 feet. Average parcel width shall be the area of the parcel in square feet divided by the length, in feet, measured down the center of the parcel.

3. Street frontage shall be required for all parcels and shall not be less than 30 feet, as measured on the front parcel line.

4. To the extent practicable, parcel lines shall have a regular, unbroken alignment and shall intersect the street right-of-way as close to the perpendicular as possible.

5. To the extent practicable, parcels shall have a regular, rectangular shape and curved lines should be avoided.

C. Legal Nonconforming. Parcels legally existing on the effective date that do not comply with the minimum parcel sizes set forth in this title shall be considered legal nonconforming. Any lot in an R-2-2.5 district legally created prior to December 17, 1963, provided such lot has a minimum building site area of 3,000 square feet, shall be considered conforming. Nothing in this title shall be construed as requiring that a legally created lot must be merged or subdivided to come into compliance with the minimum parcel requirements set forth herein.

D. Development on Substandard Lots. A legally created substandard-sized lot (either width or area) for the applicable base district may be occupied by a permitted or conditional use, subject to the following:

1. Subject parcel must average at least 30 feet wide; and

2. Subject parcel must provide at least 1,500 square feet of net parcel area.

No substandard lot shall be further reduced in area or width, except as required for public improvements. Substandard lots under contiguous ownership are subject to the merger provisions of the State Subdivision Map Act.

A substandard lot shall be subject to the same setback and density requirements as a standard lot. One dwelling unit may be located on a substandard lot that meets the requirements of this section. The minimum parcel area per dwelling unit for two-family dwellings shall be 1,500 square feet.

E. Maximum Number of Dwelling Units. The maximum number of dwelling units permitted for any two-family or multiple-family residential site or planned development (Pd) shall be determined by dividing the net parcel area by the required minimum building site area per dwelling unit, as specified by the applicable zoning district. When the permitted number of dwelling units is calculated to a fractional number, any fraction of less than one unit shall be disregarded and be rounded down to the next whole number.

F. Exceptions. When considering applications for major or minor subdivisions, planned developments (Pd), and lot line adjustments, the Planning Commission may grant exceptions to the standards required under subsection B of this section (Minimum Parcel Requirements). Any such exception must be requested by the applicant, and shall fully state the grounds of the request and the facts relied upon by the applicant. In order to grant such an exception, the Planning Commission must find:

1. The proposed exception will permit development solutions more beneficial to the site and surrounding properties than could be achieved under the standards set above.

2. The granting of the proposed exception will not be detrimental to the public health, safety, or welfare, or injurious to abutting parcels or other property in the vicinity.

3. The proposed exception will not result in or continue an undesirable precedent, contrary to the intent of the general plan and Zoning Ordinance. [Ord. 1205 § 14, 2012; Ord. 1167 § 2, 2003.]

10.40.040 Floor area ratio.

A. Applicability of Floor Area Limits. Floor area limits for buildings and structures are established by Chapters 10.20 through 10.28 (Zoning Districts Regulations), 10.44 SMC (Specific Use Requirements) and this chapter. New construction and additions to buildings shall not exceed the floor area ratio (FAR) limit identified in the site development standards table for each applicable zoning district (Chapters 10.20 through 10.26 SMC, base zoning district regulations).

B. Measurement of Floor Area. The sum of the gross horizontal surfaces of all enclosed buildings and any covered patio, balcony, court, deck, porch or terrace with over 50 percent of the surface of the exterior vertical area (not including the vertical area of the main building wall) enclosed by weatherproof materials (including closable windows, doors and louvers). Floor area shall be measured from the interior faces of the exterior walls and shall exclude vent, utility and elevator shafts; inner courts; 500 square feet of enclosed automobile parking spaces for single-family dwellings and the minimum area for parking and circulation required by SMC 10.40.110 (Parking space requirements by land use) and 10.40.120 (Design and improvement of parking) for all other uses; and shall include attics, crawl spaces and other confined spaces with a ceiling height greater than five feet 11 inches where such space has a finished floor. Interior volumes in residential structures with a finished floor to top of roof height of over 20 feet for sloped roofs (minimum 4:12 pitch) and over 17 feet for flat roofs shall be counted as 1.5 times the finished floor area. Continuous staircases (e.g., stacked) shall be measured as floor area on one floor only. Discontinuous (e.g., offset) staircases in residential structures shall be measured as floor area on each floor. See Diagram 10.40-10.

C. Floor Area Ratio (FAR) Calculation. “Floor area ratio” or “FAR” shall mean the floor area of the building or buildings on a parcel divided by the net area of the parcel. Floor area for basements where at least 50 percent of the exterior walls are subterranean shall receive a 50 percent discount. A maximum of 500 square feet of subterranean floor area may receive the discount. To receive this credit for subterranean floor area, the entire basement must be located within the required setbacks, an accessory dwelling unit or junior accessory dwelling unit must be located or proposed as a part of the development on the parcel, and the project must comply with all other parts of this title.

D. Floor Area Ratio (FAR) Limits. The maximum floor area allowed on any parcel shall be determined by multiplying the net parcel area by the maximum permitted FAR identified in the site development standards table for each applicable district. Also see SMC 10.56.050.

E. Reserved.

F. Split Parcels. For parcels which are located within two or more separate residential zoning districts, the FAR calculation for structures within a certain zoning district shall be based upon the net parcel area only within that zoning district. Each portion of the parcel located within a different residential zoning district is treated as a separate parcel for determination of FAR entitlements. FAR entitlements within one residential district cannot be transferred to another residential district. This rule shall not apply in commercial districts for development associated with an approved master plan.

G. Industrial-Equivalent FAR Requirements (Marinship Specific Plan). See SMC 10.28.050(E)(4). [Ord. 1281 § 8, 2020; Ord. 1205 §§ 15 – 17, 2012; Ord. 1167 § 2, 2003.]

10.40.050 Building coverage limits.

A. Applicability of Coverage Limits. Coverage limits for buildings and structures are established by Chapters 10.20 through 10.28 (Zoning Districts Regulations), 10.44 SMC (Specific Use Requirements) and this chapter. No building or buildings shall be constructed or enlarged so as to cover a greater percentage of the parcel than the building coverage limit identified in the site development standards table for each applicable zoning district.

B. Measurement of Coverage. Coverage is measured as the percentage of the total site area occupied by buildings and structures. For the purposes of this definition, “buildings” include primary buildings, garages, carports, and accessory buildings; decks and paved areas (such as walkways, driveways, patios, uncovered parking areas or roads) that have an elevation of at least two feet above the average level of the natural grade directly below the constructed feature (average of highest and lowest points); and stairs two feet above the natural grade. The measurement of site coverage shall not include the portion of roof eaves and/or rain gutters that extend no more than two feet six inches from the face of the building wall, but shall include the portion of roof eaves and/or rain gutters that extend more than two feet six inches from the face of the building wall. Also see SMC 10.56.050.

C. Limit on Decks and Impervious Surfaces. All structures which count toward building coverage shall also count as impervious surface. In addition, impervious surface shall consist of any of the following features, regardless of height relative to natural grade: (1) all paved surfaces, such as concrete, regardless of the permeability of the material; (2) all hardscape garden elements such as stepping stones, fountains, statuary, swimming pools, and walls; (3) all deck areas regardless of the material used for the deck structure; (4) all gravel areas. See Diagram 10.40-1. The following features shall not be counted toward impervious surface: (1) landscaped areas; (2) planters; (3) unlandscaped areas of exposed earth, including those between different impervious surfaces (such as stepping stones) or between impervious surfaces and landscaped areas (such as the area between a walkway and a landscaped area). Impervious surfaces shall be subject to the maximum area specified in Table 10.22-2 (Site Development Standards – Residential Zoning Districts).

D. Reserved.

E. Split Parcels. For parcels which are located within two or more separate zoning districts, the coverage calculation for structures within a certain zoning district shall be based upon the net parcel area only within that zoning district. Each portion of the parcel located within a different zoning district is treated as a separate parcel for determination of coverage entitlements. Coverage entitlements within one district cannot be transferred to another district. [Ord. 1205 §§ 18, 19, 2012; Ord. 1167 § 2, 2003.]

10.40.060 Height requirements.

A. Applicability of Height Limits. Height limits for buildings and structures are established by Chapters 10.20 through 10.28 (Zoning Districts Regulations), 10.44 SMC (Specific Use Requirements) and this chapter. No building or structure shall be constructed or altered to exceed the height limit established by this chapter, except as otherwise provided by this section.

B. Measurement of Height. All portions of a building (including any portion of a floor, chimney or other appurtenance) shall be limited to 32 feet in height within the first 15 feet from the property line, as measured from the centerline of the paved portion of the road opposite the midpoint of the front parcel line. In addition, all structures shall be subject to the height restrictions identified below and the height restrictions specified in the appropriate zoning district, provided under no circumstances shall the height of any point of a building to the natural grade directly below exceed 50 feet.

1. Standard Building Height. Building height is the vertical distance from the average level of the natural ground surface under the building to the highest point of the building or structure. To determine the height of a building, the highest and lowest points of contact with the natural grade are identified and the average of these two elevations is the point from which the permitted maximum height is measured. The highest and lowest points of contact are determined where the maximum vertical projections of the perimeter walls of the building contact the natural grade. Where more than one structure is proposed for construction, the permitted height shall be individually computed for each detached structure. Balconies, decks and similar appurtenances and projections shall not be included in measuring the primary structure’s building height.

2. Over Water or Flood Zone. Maximum height of buildings located over water or within the V1 flood zone as identified in the FIRM (National Flood Insurance Rate Map) of the National Flood Insurance Program shall be measured above the natural grade or six feet above NGVD (National Geodetic Vertical Datum), whichever is higher. The height of floating structures shall be measured from three feet above the waterline. See Diagram 10.40-2.

3. Building Appurtenances. Balconies, decks and similar appurtenances and projections shall not extend beyond a line measured from the high point of the building face on which the appurtenance is located and parallel with the degree of slope based upon the highest and lowest point of contact of the structure which it serves. When open balconies, decks and similar appurtenances are enclosed on existing structures and the newly calculated building height exceeds the height allowed by this title, this excessive height is permitted subject to the following conditions:

a. The proposed enclosures do not violate any other provisions of this title;

b. The roofline of the new addition is no higher than the roofline of the existing building;

c. The proposed enclosure is subject to review and approval by the Planning Commission as governed by Chapter 10.54 SMC (Design Review Procedures).

C. Sloped and Level Parcels. In addition to the provisions contained in subsection B of this section (Measurement of Height), height restrictions shall apply to all sloped (uphill and downhill) and level lots, as the lots are sloped from abutting streets. For lots that abut more than one street, more than one restriction will apply. The Community Development Director shall review and make a determination for proposals that do not meet the site conditions described below:

1. Uphill. Any slope greater than 10 degrees slope computed upward from a parcel line that abuts a street at the front of the property to the rear of the property. On the uphill side of a street, a sloped roof that exceeds the height restriction identified in subsection B of this section (Measurement of Height) may be permitted subject to the following conditions (see Diagram 10.40-4):

a. The roof slopes to meet a front wall of less than 32 feet toward the front property line, measured as stated above;

b. The maximum height within the first 15 feet does not exceed 40 feet; and

c. The sloped roof is subject to review and approval by the Planning Commission as governed by Chapter 10.54 SMC (Design Review Procedures).

2. Level. Any slope between 10 degrees up and 10 degrees down computed from a parcel line that abuts a street at the front of the property to the rear of the property. On level parcels, no portion of a building, including any portion of a roof, chimney or other appurtenance, shall exceed a height of 32 feet, as measured from a point located at the centerline of the paved portion of the road opposite the midpoint of the front parcel line. See Diagram 10.40-3.

3. Downhill. Any slope greater than 10 degrees slope computed downward from a parcel line that abuts the street at the front of the property to the rear of the property. The following provisions apply (see Diagram 10.40-5):

a. Height Restrictions. On the downhill side of a street no portion of a building, including any portion of a roof, chimney, or other appurtenance, shall exceed a height of 24 feet, as measured from the centerline of the paved portion of the road opposite the midpoint of the front parcel line.

b. Exception for Parking. On the downhill side of a street, that portion of a building devoted to covering the off-street parking spaces and building access may project above the 32-foot required height limit subject to the following conditions:

i. The overall height of the structure and all appurtenances does not exceed 40 feet;

ii. The portion of new proposed structures exclusive of covered parking does not exceed the 32-foot height limit;

iii. The covering does not violate any other provisions of this title;

iv. The covered parking is the highest structure on an uphill lot; and

v. The covered parking is subject to review and approval by the Planning Commission as governed by Chapter 10.54 SMC (Design Review Procedures).

D. Exceptions to Height Limits. The height limits for buildings and structures established by this chapter are subject to the following exceptions:

1. Public and Quasi-Public Buildings and Structures. In districts in which a lower height limit is established, places of assembly in schools, religious institutions, and other permitted public and semi-public buildings may be erected to a height not exceeding 45 feet above average grade subject to the following conditions:

a.  The minimum side yard setback shall be increased one foot for each two feet such structure exceeds 32 feet in height.

b. The minimum rear yard setback shall be increased one foot for each four feet such building exceeds 32 feet in height.

c. Other architectural features (i.e., steeples, spires, chimneys, vents, etc.) may exceed the 45-foot height limit, subject to design review.

d. The height exception is subject to review and approval by the Planning Commission as governed by Chapter 10.54 SMC (Design Review Procedures).

e. The Planning Commission finds the proposed building includes special architectural features that contribute to the community’s character, while meeting the overall purpose of height restrictions.

2. Utility Poles. Power distribution poles and lines may exceed the height limits established for the zoning district provided they do not exceed a height of 40 feet unless a greater height is authorized under the terms of a conditional use permit as provided in Chapter 10.60 SMC (Conditional Use Permits).

3. Architectural Features. Chimneys, vents, and smokestacks may exceed the 32-foot height limit only to the minimum extent required by SMC Title 8 (Buildings and Construction).

4. Freestanding Structures. A conditional use permit shall be required for fire towers, commercial radio, and television towers, water towers and tanks, flag poles, power transmission towers, lines and poles, elevator towers, and similar structures and necessary mechanical appurtenances built and used to a greater height limit than that established for the applicable district. No such exception shall cover, at any level, more than five percent of the parcel nor exceed 1,600 square feet at the base. No tower, spire or similar structure shall contain floor area for commercial or residential use. Wireless communications facilities, as defined in Chapter 10.88 SMC (Definitions), shall be governed by Chapter 10.45 SMC (Standards and Criteria for Wireless Communications Facilities) except that in the event Chapter 10.45 SMC (Standards and Criteria for Wireless Communications Facilities) is silent regarding a specific regulation or requirement, the applicable zoning regulation from this title shall govern. [Ord. 1205 §§ 20, 21, 2012; Ord. 1167 § 2, 2003.]

10.40.070 Setbacks and yards.

Each zoning district establishes minimum setback requirements. Special situations exist where setbacks will be applied differently or must be increased. This section addresses these special situations. A setback provided around any building to comply with provisions of this chapter shall not be considered a yard or setback for any other building.

A. Purpose. In addition to the general purposes of this title and this Chapter 10.40 SMC (General Development Regulations), the specific purposes of this section are as follows:

1. To provide light and open space between structures on the same and adjoining lots;

2. To provide open space between structures and adjoining pedestrian ways;

3. To increase setbacks and provide visual relief along property lines with long, unbroken walls; and

4. To provide flexibility in the application of setback requirements.

B. Land Locked Parcel. Any parcel that does not have a front parcel line (i.e., not fronting on a public street or road) shall provide the required rear yard along one parcel line and the required side yard along all remaining parcel lines. If a rear parcel line has not already been established, the owner may elect any parcel line as the rear parcel line provided such choice is not injurious to adjacent properties, as determined by the Community Development Director. If a rear parcel line has already been established, the owner may elect a new parcel line as the rear parcel line, provided such choice is not injurious to adjacent properties, as determined by the Community Development Director. See Diagram 10.40-6.

C. Parcels Fronting on More Than One Street. The following setbacks shall apply for parcels abutting more than one public street or right-of-way measuring 50 feet or more in width (whether or not developed) (see Diagram 10.40-7):

1. No setback shall be required from parcel lines adjoining two intersecting public streets or rights-of-way.

2. Setbacks may be decreased for parcels fronting on two non-intersecting streets, or for parcels fronting on more than two intersecting streets, provided the proposal is subject to design review and the Planning Commission finds the reduced setback does not diminish the overall purpose of providing physical and visual space between residences.

D. Required Increase of Setbacks. Setbacks will be increased in the following instances:

1. Length of Building. The length of a structure shall be measured along a line parallel to the adjoining side lot line. Where the length of a structure, building wall, or series of attached building walls exceeds 40 feet measured parallel to the adjoining side lot line, the minimum setback shall be increased at the rate of one foot for each five feet such length exceeds 40 feet. The full length of the building shall be subject to the increased setback. If the addition will increase the building length to exceed 40 feet, only the addition shall require the additional side yard setback. The full length of the addition shall be subject to the increased setback. See Diagram 10.40-8.

2. Entrance to Dwelling from Side Yard. Where access to the main or secondary entrance of any two-family dwellings or multiple-family dwellings, group houses, court apartments or row dwellings is from the side yard, the minimum side yard setback shall be increased by one foot for each applicable dwelling unit. Such increase need not exceed five feet.

3. Creek Setbacks. No structures of any kind, other than stairs and pathways on grade and/or retaining walls for slope stabilization purposes, shall be located within 20 feet of the 100-year flood elevation line of an open natural drainage way or wetland (i.e., creek) identified on Map GP-14 of the environmental quality element of the general plan. Additional setbacks from creeks and wetland areas may be required as part of the environmental review process pursuant to the California Environmental Quality Act, as applicable. Also, in the course of design review, the Planning Commission may determine that additional setbacks from watercourses are necessary to ensure consistency with relevant policies contained in the environmental quality element of the general plan.

E. Special Setbacks.

1. Purpose. Special building setback lines are established along designated streets, pedestrian and other public ways to provide space for light, air, safety, circulation, and visual amenity.

2. Applicability. Structures adjacent to the streets, pedestrian ways and other public ways designated below shall be subject to the corresponding special building setback line. In any district where the yard requirement is more or less than the distance set forth by any special building setback line, the distance established by the special building setback line shall apply.

3. Measurement. The location of a special building setback line shall be measured in feet at right angles from the parcel line of the subject property or the line of the street, pedestrian way or other public way adjacent to the subject parcel.

4. Special Setback Lines.

a. A 10-foot special building setback line is required on both sides of the following streets, pedestrian ways or other public ways:

i. Alexander Avenue;

ii. South Street from Alexander Avenue to Second Street;

iii. Second Street from South Street to Richardson Street;

iv. Richardson Street from Second Street to Bridgeway.

b. A five-foot special building setback line is required on both sides of the 20-foot future pedestrian way shown on the general plan for the marinship area, and lying between Coloma Street and Harbor Drive. [Ord. 1205 §§ 22 – 24, 2012; Ord. 1167 § 2, 2003.]

10.40.080 Exceptions to required setbacks.

The following setbacks shall apply in the situations specified (rather than those required by Chapters 10.20 through 10.28 SMC, Zoning Districts Regulations) and any setback requirements in Chapter 10.44 SMC (Specific Use Requirements):

A. Narrow Parcels. The side yard setback requirement may be reduced to 10 percent of the lot width, to not less than three feet, for any substandard parcel that meets the criteria in SMC 10.40.030(D) (Development on Substandard Lots) and is less than 50 feet wide. See Diagram 10.40-7.

B. Pedestrian Lane Rights-of-Way. Where a side parcel line adjoins a right-of-way which does not contain a street and is 10 feet or less in width, the required side yard setback shall be measured from the center line of such right-of-way.

C. Accessory Structures. Accessory structures and buildings may occupy required yard areas only to the extent permitted by SMC 10.44.020 (Accessory uses and structures).

D. Temporary Structures. Structures that are temporary or can easily and readily be removed, have no more than 120 square feet of roof area, and are not permanently attached to the ground (including but not limited to surface utilities and storage bins), may be allowed within required setbacks for a period of no more than 60 days per year. [Ord. 1205 § 25, 2012; Ord. 1167 § 2, 2003.]

10.40.090 Permitted projections into required setbacks.

A. Use of Setbacks. No structure shall be permitted within any required setback area, except the following:

1. Underground utilities and the related aboveground metering;

2. Septic tanks;

3. Fences and retaining walls that comply with the applicable height requirements;

4. Signs pursuant to Chapter 10.42 SMC (Sign and Awning Regulations); and

5. As otherwise provided by SMC 10.40.080 (Exceptions to required setbacks) and this section.

B. Yard Projections. Projections into minimum yards shall be as follows:

1. The minimum yard setback may be reduced by up to 20 percent; provided, that at all times a minimum setback of three feet is provided, for the following features (see Diagram 10.40-8):

a. Cornices, canopies, eaves, or any other similar architectural features, not exceeding three feet.

b. Fire escapes not exceeding four feet.

c. Bay windows, balconies, and chimneys may project a distance not to exceed three feet; provided, that such features do not occupy, in aggregate, more than one-fifth the length of any otherwise unbroken section of wall of the building on which they are located.

2. The minimum yard setback may not be reduced for decks that are 24 inches or more above natural grade, porches, or other indoor or outdoor living areas.

3. The following features may project into required yards if the applicable height and/or coverage requirements are met:

a. Walkways; provided, that any walkway is not at any point more than two feet above or below the level of natural grade.

b. Decks, swimming pools and patios; provided, that the height of any structure does not exceed two feet above the average level of natural grade directly below the feature and at all times a minimum setback of five feet is maintained.

c. An uncovered stair and necessary landings; provided, that such stair and landings do not extend above the entrance floor of the building except for a railing compliant with the California Building Code.

d. Accessory structures if consistent with the requirements of SMC 10.44.020 (Accessory uses and structures).

C. Reserved.

D. Side Yard Structural Projections. Where a building wall is not parallel to a parcel line, or does not follow a continuous unbroken alignment, a portion of the building wall may project into the required setback provided that:

1. The average depth or width of yard is at least equal to the required depth otherwise required.

2. No more than 50 percent of the building wall encroaches into the required setback.

3. The yard is not less than three feet in depth or width at any point.

4. The proposed side yard projection is subject to review and approval by the Planning Commission as governed by SMC 10.54.050 (Design Review Permits). [Ord. 1205 §§ 26, 27, 2012; Ord. 1167 § 2, 2003.]

10.40.100 Parking standards.

A. Purpose and Intent. The purposes of this section requiring off-street parking are as follows:

1. To minimize demand for on-street parking and alleviate traffic congestion and hazards to motorists and pedestrians;

2. To provide safe and convenient vehicular access to all land uses; and

3. To make the appearance of parking areas more compatible with surrounding land uses.

B. Type and Location of Parking Required. All approved land uses shall be designed and developed to provide the type and amount of off-street parking spaces required by SMC 10.40.110 (Parking space requirements by land use), and shall be designed as required by SMC 10.40.120 (Design and improvement of parking). All parking spaces required by this section shall be located on the same site as the use for which parking is required, except as otherwise allowed by SMC 10.40.110(E) (Joint Use) and 10.40.120(B) (Exceptions). The following requirements also apply:

1. Disabled Accessible Parking. Parking lots shall include disabled accessible parking spaces in the amount and manner required by Title 24 of the California Code of Regulations. Disabled spaces count toward the total number of parking spaces required by SMC 10.40.110 (Parking space requirements by land use). Parking spaces serving existing uses may be reduced in number to permit the installation of disabled accessible parking as prescribed by Title 24 of the California Code of Regulations. Existing structures and uses will not be considered nonconforming solely due to the loss of required parking for the purpose of establishing disabled accessible parking.

2. Bicycle Racks. Parking lots with 20 or more spaces shall provide one bicycle rack for each 20 parking spaces. Bicycle racks shall be designed to provide a minimum of four bicycle spaces in each rack and to allow a bicycle to be locked to the rack.

3. Accessibility and Usability. No owner or tenant shall lease, rent, or otherwise make a parking space required by this chapter unavailable to the intended users of the parking space.

4. Minimum Off-Street Parking. All off-street parking and vehicular access must be designed to result in a minimum loss of on-street parking and a net increase of at least one overall parking space (i.e., at least two off-street parking spaces must be served by a driveway where one on-street parking space is eliminated). Where only one off-street parking space is typically required, two off-street parking spaces shall be provided where one off-street parking space is lost to driveway access. Alternatively, the loss of on-street parking may be offset by frontage reconfiguration or improvements to maintain the existing amount of on-street parking. Any proposed reconfiguration or improvement to on-street parking shall be subject to review and approval by the Community Development Director and City Engineer. [Ord. 1205 § 28, 2012; Ord. 1167 § 2, 2003.]

10.40.110 Parking space requirements by land use.

The number of off-street parking spaces required for the land uses identified by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations) shall be as provided by this subsection, except where parking requirements are established by Chapter 10.44 SMC (Specific Use Requirements) for a specific use.

A. Interpretation of Parking Requirements. The requirements in subsection B of this section (Minimum Required Parking) shall be interpreted according to the following provisions:

1. Uses Not Listed. The number of parking spaces required for land uses not listed in subsection B of this section (Minimum Required Parking), and that do not have parking requirements set by Chapter 10.44 SMC (Specific Use Requirements), shall be the same as required for the most similar use, as determined by the Community Development Director. The Planning Commission or Zoning Administrator shall determine the number of spaces required for uses not listed where a conditional use permit or a minor use permit is required, respectively.

2. New Buildings Without Tenants. If the types of rental tenants that will occupy a commercial, office or industrial building are not known at the time of land use or building permit approval, the amount of parking to be provided shall be:

a. The maximum number of parking spaces required for the most parking-intensive uses permitted by the zoning district and which the proposed building as designed can reasonably accommodate.

b. Determined by the Zoning Administrator or Planning Commission, when a minor use permit or conditional use permit is required for the proposed use.

3. Mixed Use Sites. Where a site contains more than one principal use (e.g., shopping center), the amount of parking to be provided shall be the total of that required for each individual use, except where a shared/joint use parking permit is secured as provided by subsection D of this section (Reductions).

4. Mixed Function Buildings and Storage Areas.

a. Where a building occupied by a single use (or separate tenancy rental space within a building) contains several functions, such as sales, office and storage areas, the amount of parking to be provided shall be as required by subsection B of this section (Minimum Required Parking) for the principal use, for the gross floor area (total area of all internal functions), except where noted on Table 10.40-1 (Parking Requirements).

b. When accessory storage areas associated with a principal use will be larger than 2,000 square feet, the required parking ratio for such areas shall be required as specified by Table 10.40-1 (Parking Requirements) for warehousing, instead of that required for the principal use.

5. Existing Structures and Uses. No part of this section shall be construed as requiring additional off-street parking for authorized structures and uses legally existing at the time of the effective date of the ordinance codified in this title. Where any or all required off-street parking is not provided for such a use, that use may be replaced by a use requiring the same or less off-street parking. Parking required by the current ordinance which has been established for a structure or use shall not be removed, obstructed, or dedicated to other uses unless otherwise approved and authorized herein.

6. Expansion or Intensification in Use. Whenever the occupancy or use of any site is changed to a more intensive use and/or expanded in scope, additional off-street parking shall be provided as required by this title for the new use or expanded occupancy. Where the existing use does not provide all required off-street parking, additional off-street parking shall be required as follows:

a. Nonresidential. Whenever the occupancy or use of any commercial, industrial, or institutional site that is not in compliance with the off-street parking requirements of this chapter is intensified and/or enlarged, additional off-street parking shall be provided as required by this title for the new use or occupancy. For the CC and CR districts, increased parking shall be provided in the amount relative to the incremental change or expansion of use. For the marinship and CN districts, parking shall be increased for the entire expanded or intensified use.

b. Residential. Whenever the density (number of units) of any residential site that is not in compliance with the off-street parking requirements of this chapter is intensified, additional off-street parking shall be provided as required by this title for the new use or occupancy and for the existing use.

c. Nonconforming Uses. When a nonconforming structure is remodeled, replicated or expanded, parking shall be provided consistent with SMC 10.62.050(B) (parking for nonconforming structures).

7. Parking Calculation. The following guidelines shall be used to calculate parking requirements:

a. When the required number of parking spaces is calculated to a fractional number, any fraction of less than one-half shall be disregarded and any fraction of one-half or greater shall be rounded up to the next whole number.

b. When calculating the number of parking spaces required for a specific land use, the gross floor area of any building and the gross land area of any outdoor activity shall be used. If a multiple-use building contains common areas, the parking calculation for those common areas shall be based upon the ratios of various uses in the building.

B. Minimum Required Parking. The number of off-street parking spaces required for new uses shall be based upon the type of land use, as specified in Table 10.40-1 (Parking Requirements). Where the tables of this subsection show more than one parking ratio for any use, the required number of spaces is the total of all ratios shown. Whenever subsection C of this section (Specified Land Uses) does not specify a required amount of parking spaces for a listed land use, off-street parking shall be provided in an amount adequate to meet the parking needs of all employees, visitors, and loading activities entirely on the site of the use.

Table 10.40-1

PARKING REQUIREMENTS 

Land Use	Off-Street Parking Required
Open Space and Public
Plant nurseries	1 per 400 sq. ft. of gross floor area (“GFA”) of manufacturing stock + 1 per 2,000 sq. ft. of nursery stock area
Recreation, Education and Public Assembly
Community centers	1 per 4 fixed seats 1 per 60 sq. ft. multi-use floor area if no fixed seats
Libraries and museums	1 per 500 sq. ft. public use area
Private clubs and recreational facilities	1 per 100 sq. ft. building area
Outdoor commercial recreation	Determined by MUP or CUP
Recreation, health, and fitness centers	1 per 250 sq. ft. floor area
Religious institutions	See SMC 10.44.110 (Religious institutions, private clubs and fraternal organizations)
Schools	Elementary and middle school: 3 per classroom High school: 8 per classroom
Schools – specialized education and training	1 per 300 sq. ft. of floor area
Temporary events	Determined by MUP or CUP
Theaters and meeting halls	1 per 4 seats or 1 per 60 square feet of seating area
Yacht clubs	1 per 100 sq. ft. of building area
Manufacturing and Processing Uses
General industry	1 per 500 sq. ft. of GFA
Limited industry	1 per 500 sq. ft. of GFA
Research development industry	1 per 450 sq. ft. of GFA
Wholesaling, distribution and storage	1 per 2,000 sq. ft. of GFA
Marine industrial	1 per 1,000 sq. ft. of GFA
Uses in excess of 10,000 sq. ft.	As determined by Planning Commission
Residential
Single- or multiple-family residential	2 per dwelling unit. Exceptions allowed for small units. See SMC 10.40.110(D)(5)
Multiple-family residential (1 bedroom or studio)	1.5 per dwelling unit
Home occupations	See SMC 10.44.030 (Home occupations)
Liveaboards	See SMC 10.44.170 (Liveaboards)
Residential accessory uses	No additional parking required
Residential care homes	1 per 2 persons cared for
Accessory dwelling units	See SMC 10.44.080 (Accessory dwelling unit regulations)
Secondary dwellings	See SMC 10.44.080 (Accessory dwelling unit regulations)
Senior housing	1 per dwelling unit. See SMC 10.44.120 (Senior housing projects)
Retail Trade Land Uses
General retail	1 per 250 sq. ft.
Auto, vehicle and parts sales	1 per 1,500 sq. ft. of use area
Restaurants and bars	1 per 4 persons occupancy of the dining and/or drinking area and 1 per 60 sq. ft. of floor area available for portable seats and/or tables
Building material and hardware stores	1 per 250 sq. ft. + 1 per 2,000 sq. ft. of exterior storage area
Full-service supermarket	1 per 250 sq. ft. + 1 per 2,000 sq. ft. of storage area
Furniture, furnishings and equipment stores	1 per 1,000 sq. ft. of use area
Mail order and vending	1 per 250 sq. ft. + 1 per 2,000 sq. ft. of storage area
Maintenance equipment and supplies sales	1 per 400 sq. ft.
Retail stores, general merchandise	1 per 250 sq. ft. of floor area
Secondhand and thrift stores	1 per 250 sq. ft. of floor area
Temporary outdoor retail sales	See SMC 10.44.300 (Temporary outdoor retail sales)
Wholesale and retail fish sales	1 per 250 sq. ft. or 3 per boat
Service Land Uses
Banks and financial services	1 per 300 sq. ft. of floor area
Business support services	1 per 300 sq. ft. of floor area
Child day care	See SMC 10.44.100 (Child day care)
Construction contractors	1 per 300 sq. ft. of office + 1 per 1,000 sq. ft. of storage area
Equipment rental and sales	1 per 400 sq. ft. of GFA + 1 per 2,000 sq. ft. of site area
Government offices and facilities	1 per 400 sq. ft.
Laundries and dry cleaning plants	1 per 1,500 sq. ft. of use area
Marine commercial uses	1 per 500 sq. ft.
Marine fuel facility	As determined by CUP
Medical services – clinics and laboratories	1 per 250 sq. ft. of floor area
Medical services – hospitals and extended care	1 per 250 sq. ft. of floor area
Medical services – veterinary clinics and hospitals	1 per 250 sq. ft. of floor area
Offices	1 per 300 sq. ft. of floor area
Offices, temporary	1 per 300 sq. ft. of floor area
Personal services	1 per 300 sq. ft. of floor area
Recording studios	1 per 500 sq. ft. of floor area
Repair and maintenance – accessory to sales	As required for retail use
Repair and maintenance – consumer products	1 per 300 sq. ft. of floor area
Service stations and auto repair	3 per service bay
Storage, accessory	As required for principal use
Storage yards	1 per 1,500 sq. ft. of site area
Upholstery shops	1 per 500 sq. ft. of floor area
Warehousing	1 per 1,500 sq. ft. of use area
Transient Lodging Land Uses
Bed and breakfast	2 spaces, plus 1 space per guest room
Hotels	1 per 250 sq. ft. of office, plus 1 per guest room
Hotel-condominium	1 per 250 sq. ft. of office, plus 1.25 per guest room
Transportation and Communications Land Uses
Boat launching ramps and haul outs	As required by CUP or MUP; recommended minimum 1 per 5 dry boat storage
Dry boat storage	1 per 3 striped spaces or 1 per 1,000 square feet of open storage area
Harbor and marina facilities	See SMC 10.44.140 (Harbor and marina facilities)
Transit stations and terminals	As determined by MUP or CUP
Vehicle storage	1 per 300 sq. ft. of office area As needed for stored vehicles

C. Specified Land Uses. The following parking requirements shall apply to specified land uses:

1. Retail trade uses shall provide the number of off-street spaces for each separate retail trade use or rental tenancy in the amount specified in Table 10.40-1 (Parking Requirements), but no less than one parking space for each use or tenancy within a structure.

2. Transportation and communications uses shall provide the number of off-street spaces required by Table 10.40-1 (Parking Requirements), but no less than one space for each separate transportation and communication use or rental tenancy within a structure.

D. Reductions. The number of parking spaces required by Table 10.40-1 (Parking Requirements) and subsection C of this section (Specified Land Uses) may be reduced as follows:

1. Motorcycle Space Substitution. Parking lots with 40 or more spaces may replace one regular space with one motorcycle space for each 40 required spaces. Motorcycle spaces shall be a minimum size of three feet by six feet.

2. Mixed Use Projects. The number of required spaces may be reduced through the conditional use permit review and approval process in mixed use projects where it is demonstrated that hours of operation of different uses will effectively allow dual use of parking spaces.

3. Historic District Overlay. The number of required parking spaces for sites or structures within the downtown historic overlay district may be reduced consistent with subsection G of this section (Other Reductions), SMC 10.46.070(C) (Development Standards), and 10.46.070(E) (Parking).

4. Commercial Uses in CC and CR Zoning Districts. A common standard requirement of one off-street parking space for every 250 square feet of floor area shall apply to all existing commercial spaces and uses in the CC and CR zoning districts. All new structures or expansions of structures shall require additional off-street parking as listed in Table 10.40-1 (Parking Requirements).

5. Parking Exceptions for Small Units. For parcels that provide at least two units where at least one of the units is less than 700 square feet only one parking space is required for the smallest unit. This exception may only be applied once per parcel. Additionally, off-site parking may be allowed with a conditional use permit. In addition to the findings required by SMC 10.60.050 (Findings, conditional use permit), the following findings shall be made prior to issuance of a conditional use permit for off-site parking:

a. It has been demonstrated that it is not feasible to accommodate a parking space on the parcel;

b. It has also been demonstrated with a professionally prepared parking study that shows the availability of reasonably adjacent on-street parking during daytime and nighttime hours of on-street parking space equal to the amount of off-site parking spaces requested.

E. Joint Use. The Planning Commission may, upon application by the owner or lessee of any property, authorize a conditional use permit for the joint use of parking facilities by the following uses or activities under the specified conditions:

1. Up to 70 percent of the parking facilities required by this section for a use considered to be primarily a weekday use may be provided by a use considered to be primarily a weekend use. Up to 70 percent of the parking facilities required by this section for a use considered to be primarily a weekend use may be provided by the parking facilities of a use considered to be primarily a weekday use. Such reciprocal parking area shall be subject to conditions set forth in subsection (E)(3) of this section. The following are typical weekday uses: Offices, industrial uses. The following are typical weekend uses: Recreational marinas, waterfront activities.

2. Up to 70 percent of the parking facilities required by this section for a use considered to be primarily a daytime use may be provided by a use considered to be primarily a nighttime use. Up to 70 percent of the parking facilities required by this section for a use considered to be primarily a nighttime use may be provided by a use considered to be primarily a daytime use. Such reciprocal parking area shall be subject to conditions set forth in subsection (E)(3) of this section. The following uses are typical daytime uses: Banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical nighttime uses: Theaters, bars and upper level residential uses.

3. In order to approve a conditional use permit for joint use, the applicant shall demonstrate the following:

a. 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

b. The proposed joint use parking area is conveniently located to the uses to be served.

4. If the area to be used for parking and the parcel on which the subject land use is located are not the same, then the Planning Commission shall consider whether a deed restriction is warranted as a condition of approval. The deed restriction would stipulate that the shared parking agreement shall remain in effect for the life of the subject land use.

F. Reserved.

G. Other Reductions. A conditional use permit waiving or allowing reduced parking requirements may be requested and processed in accordance with Chapter 10.60 SMC (Conditional Use Permits). The Planning Commission may grant a conditional use permit if any of the following findings can be made:

1. The Sausalito Downtown Parking Survey and Shared Parking Model (by Robert L. Harrison Transportation Planning, September 1997, and updated February 2015, and thereafter updated) indicates that adequate parking exists in the CC district to support the new or expanded use; or

2. The new or expanded structure replaces a pre-existing structure; or

3. The new or expanded use allows preservation of an historic structure in the downtown historic district and does not require substantial alterations; or

4. There is clear and convincing evidence that the parking demand will be less than the requirement in this section. The Planning Commission shall consider survey data submitted by applicant or collected at applicant’s request and expense; or

5. Due to the design of the building or structure, its probable long-term occupancy will not generate additional parking demand. [Ord. 1232 § 1, 2015; Ord. 1217 §§ 8, 9, 2014; Ord. 1205 § 3, 2012; Ord. 1194 § 3, 2009; Ord. 1167 § 2, 2003.]

10.40.120 Design and improvement of parking.

Required parking spaces and areas shall be located on site and designed as provided by this section.

A. Parking Lot and Parking Space Design and Layout. Except where otherwise provided by SMC 10.40.110(D) (Reductions) or subsection (A)(3)(b) of this section (Disabled Spaces and Ramps), parking spaces shall be designed as follows:

1. Parking Space Size. Parking spaces shall be a minimum of nine feet by 19 feet.

2. Location of Parking. Off-street parking facilities shall be located on-site unless authorized by a conditional use permit as specified in subsection (B)(2) of this section (Off-Site Parking) or SMC 10.40.110(E) (Joint Use).

3. Parking Lot Design. The design and layout of parking lots shall conform to the following standards.

a. Circulation Aisle Width. The minimum aisle width for access to parking spaces or between parking rows shall be as specified in Diagram 10.40-9 and shall be based on the angle and direction of parking spaces.

b. Disabled Spaces and Ramps. Parking spaces and access for disabled persons shall be provided pursuant to Title 24 of the California Code of Regulations. Location, design and amount of spaces shall be consistent with Title 24 requirements.

c. Border Barricades. Every parking area that is not separated by a fence from any adjoining street or alley shall be provided with a suitable concrete curb or timber barrier not less than six inches in height to block vehicle tires. Except for entrance and exit driveways, such curb or barrier shall be continuous and shall be located not less than three feet from such street or alley parcel lines and such curb or barrier shall be securely installed and properly maintained.

d. Screening. Every parking area of five or more spaces within and/or abutting any residentially zoned parcel or street parcel line shall be separated from such adjoining residential property or street parcel line by a solid wall, view-obscuring fence, or compact evergreen hedge six feet in height. Height shall be measured from the grade of the finished surface of such parking lot closest to the contiguous residentially zoned parcel. Where the elevation of the abutting parking area is below the elevation of the residential parcel along the common property line, the required wall, fence, or hedge may be reduced by one foot in height for each two feet of difference in elevation. The required screening and/or barricade shall be subject to design review approval per Chapter 10.54 SMC (Design Review Procedures). The Planning Commission may authorize further height reductions or elimination of such screening if it is determined that such screening would obstruct views or be detrimental to surrounding properties.

e. Lighting. Lighting shall be provided as required by project conditions of approval, or as deemed appropriate by the Planning Commission. Parking lot lights shall be designed to illuminate the parking area and shall be directed away from adjacent properties and any dwelling units.

f. Street Access. The location and design of all entrances and exits shall be subject to the approval of the City Engineer.

g. Internal Access. Unobstructed vehicular access shall be provided to each parking space except where a parking area is under the supervision of a parking lot attendant during the hours of operation.

h. Surface and Slope. Off-street parking areas shall be paved or otherwise surfaced and maintained to avoid scattering of gravel, rocks, dust, mud or other debris. Off-street parking areas shall also be graded and drained to dispose of all surface water. In no case shall such drainage be allowed across sidewalks. The maximum slope of parking areas shall be five percent.

i. Restricted Commercial Parking. Parking spaces in commercial parking lots may be restricted to customer and employee use only during business hours. In parking lots serving multiple uses, parking spaces shall not be restricted to time limits, specific uses, or “employees only” use, unless such restrictions are reviewed and approved by the Zoning Administrator.

j. Waterfront Parking. Structures and open parking areas in the marinship and central waterfront (as identified in the general plan and defined by Chapter 10.88 SMC, Definitions) shall be constructed no less than six feet above NGVD (National Geodetic Vertical Datum), consistent with FEMA regulations and Sausalito’s local flood zone ordinances.

k. Ingress/Egress. All parking spaces (including garage spaces) required for any land use other than a single-family or two-family dwelling shall be designed and located to allow vehicles to both exit and enter the site in a forward direction to and from a public or private road.

l. Driveway Design. Driveways serving required parking shall be subject to review and approval by the City Engineer to assure negotiable break-over angle, turning radius, and slope. Driveways on nonresidential sites shall be limited to 15 percent slope. Residential driveways shall be limited to 20 percent slope. New driveways may exceed these slope limitations subject to the following conditions:

i. The conditions of the project site provide no reasonable alternative to reduce the driveway slope.

ii. The ingress/egress of the proposed driveway will not result in immediate or potential hazard to pedestrians and/or vehicles traveling in the public right-of-way.

iii. In no case shall a driveway exceed 25 percent slope.

iv. The proposed driveway is subject to review and approval by the Planning Commission as governed by Chapter 10.54 SMC (Design Review Procedures).

B. Exceptions. The following exceptions shall apply to the required design and layout of parking spaces:

1. Tandem Parking. Tandem parking shall require a conditional use permit as provided by Chapter 10.60 SMC (Conditional Use Permits). Tandem parking, two vehicles parked so that one is behind the other, may be permitted for two- and multiple-family dwellings where both parking spaces are intended to serve one and the same dwelling unit. Existing historical tandem parking spaces shall not be considered as providing required parking unless a conditional use permit is secured per Chapter 10.60 SMC (Conditional Use Permits). Tandem parking shall be a permitted use without the requirement for a conditional use permit for projects which propose the maximum number of units allowed for parcels in the R-2 and R-3 zoning districts. For the purposes of this section accessory dwelling units shall count toward fulfilling the density requirement.

2. Off-Site Parking. The Planning Commission may, upon application by the owner or lessee of any property, authorize a conditional use permit for off-site parking to serve a new use and/or structure subject to the following conditions:

a. If the required parking space(s) are located on a separate lot of record from the lot of record of the building, structure, improvement, or use requiring the parking space(s), a covenant shall be recorded in the office of the County Recorder of Marin County, State of California. Such owner or owners shall record the covenant for the benefit of the City in a form approved by the City. Covenant shall provide that such owner or owners will continue to maintain such parking space so long as the building, structure or improvement is maintained within the City. The covenant shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be provided will be subservient to the title to the premises upon which the building is to be erected. The covenant shall guarantee that the parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the City; and

b. The required parking space(s) must be located on an adjacent parcel or site that is readily accessible to the site containing the building, structure, improvement, or use requiring the parking space(s). [Ord. 1217 § 7, 2014; Ord. 1167 § 2, 2003.]

10.40.130 Residential density bonuses and incentives.

A. Purpose. The purpose of this section is to demonstrate the standards and procedures in granting affordable housing density bonuses for housing developments, in an effort to incentivize the construction of affordable units within new developments in the City. This section implements the requirements of Government Code Section 65915 (“State Density Bonus Law”).

B. Applicability.

1. This section shall apply to all zoning districts within the City that allow residential use.

2. The bonus granted pursuant to this section shall apply only to residential projects or residential components of mixed-use projects, not including units granted as a density bonus.

3. The proposed project shall have all of the following characteristics in order to qualify for a density bonus:

a. The residential development must include a minimum of five dwelling units.

b. The applicant seeks and agrees to provide housing units to very low, low or moderate income households or senior citizens at rates consistent with those specified in Table 10.40-2 (Density Bonus Standards).

c. The resulting density is beyond that permitted by the applicable zoning district.

d. The applicant agrees to retain the affordable status of housing units for at least 30 years through the recordation of a deed restriction.

C. Application Requirements.

1. Any applicant requesting a density bonus, incentives, and/or concessions must provide the City with a written proposal.

2. The proposed project shall have all of the following characteristics in order to qualify for a density bonus:

a. Requested Density Bonus.

i. Evidence that the project meets thresholds set by State Density Bonus Law, excluding the units added by the granted density bonus;

ii. Calculations showing the maximum base density;

iii. Number or percentage of affordable units and the income level at which the units will be restricted to;

iv. Number of market rate units to result from the granted density bonus;

v. Resulting density, described in units per square foot; and

vi. A written acknowledgment that the project will be subject to a condition of approval and deed restriction to retain affordability of the affordable unit(s) for at least 30 years.

b. Documentation of Requested Incentives or Concessions.

i. A pro forma or other report demonstrating that the requested incentives and concessions result in identifiable, financially sufficient and actual cost reductions necessary to ensure the financial feasibility of the proposed units shall be prepared.

ii. A detailed report to allow the City to verify the conclusions of the report submitted in subsection (C)(2)(b)(i) of this section shall be prepared. The City may require that an independent financial review be conducted and the applicant shall be responsible for all consulting costs for document preparation and review.

iii. The proposal shall include a description of any proposed waivers of development standards and why they are necessary for making the project physically possible.

iv. All requested incentives and concessions should not exceed the limits stated in Table 10.40-3 (Incentives and Concessions).

3. Payment of fees set by resolution of the City Council.

D. Density Bonus Allowance.

1. A request for a density bonus pursuant to this section shall only be granted if the applicant agrees to construct one of the following:

a. At least five percent of the units are dedicated to very low income households;

b. At least 10 percent of the units are dedicated to very low income and/or low income households;

c. At least 10 percent of the units are dedicated to moderate income households and are developed as common interest developments (including condominium projects, planned developments, community apartment projects or stock cooperatives) and are available to the general public for sale; or

d. At least 35 dwelling units are dedicated and available exclusively to persons aged 55 and older and to those residing with them in accordance with State Density Bonus Law Section 65915(b)(1)(c).

e. The density bonuses available under this section shall not be combined.

f. All calculations resulting in fractional units shall be rounded up to the next whole number.

Table 10.40-2. Density Bonus Standards 

Target Group	Proportion of Total Affordable Dwelling Units	Maximum Density Bonus	Example Project with 20 Base Units (Except Senior Citizen Housing Development)
			Base Units		Bonus Units(4)	Maximum Number of Units
			Market Units	Minimum Affordable Units
Very Low Income(1)	5%	20%	19	1	4	24
	10%	33%	18	2	7	27
	13% or above	40%	17	3	8	28
Low Income(2)	10%	20%	18	2	4	24
	23% or above	40%	15	5	8	28
Moderate Income(3) (Common interest developments)	10%	5%	18	2	1	21
	20%	15%	16		3	23
	45% or above	40%	11	9	8	28
Senior Citizen	35 units (minimum)	20%	35		7	42

(1) For each 1% increase over 5% of the target units, the density bonus shall be increased by 2.5% up to a maximum of 40%.

(2) For each 1% increase over 10% of the target units, the density bonus shall be increased by 1.5% up to a maximum of 40%.

(3) For each 1% increase over 10% of the target units, the density bonus shall be increased by 1% up to a maximum of 40%.

(4) Rounded up to the next whole number.

E. Floor Area Bonus and Concessions for Child Care Facilities.

1. When the applicant proposes to construct a housing development that includes affordable housing units as stated in Table 10.40-2 (Density Bonus Standards) and includes a “child care facility,” as defined in State Density Bonus Law Section 65915(h)(4), to be located on the premises of, constructed as part of, or located adjacent to the housing development, the City shall grant either of the following to the applicant:

a. An additional density bonus in an amount that is equal to or greater than the total square footage of the child care facility; or

b. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility.

2. A housing development shall be eligible for either the density bonus or concession described in this section once the granting authority makes all of the following findings:

a. The granted density bonus or concession would contribute to the economic feasibility of the construction of the child care facility.

b. The density bonus or concession would not have a significant adverse impact on public health, public safety or the physical environment to an extent which cannot be feasibly mitigated or avoided without compromising the affordability of very low income, low income and moderate income housing units. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that application was deemed complete.

c. The child care facility shall remain in operation for the same period of time in which affordable units of the development are proposed and required to remain affordable.

d. Of the children attending the child care facility, the percentage of children of very low income, low income or moderate income households shall be equal to or greater than the percentage of the dwelling units proposed to be affordable to very low income, low income and moderate income households.

e. The City shall not be required to grant a density bonus or concession if it determines, based on substantial evidence, that the community has adequate child care facilities.

f. A floor area density bonus for the provision of a child care facility may be combined with a density bonus granted for the provision of affordable housing units. The combined density bonus for any residential development shall not exceed 35 percent.

F. Incentives and Concessions.

1. In addition to the density bonus, an applicant who utilizes the density bonus provisions of this chapter may request one or more concessions or incentives. The number of incentives or concessions granted to the applicant shall be pursuant to the State Density Bonus Law, as set forth in Table 10.40-3 (Incentives and Concessions), unless the City makes the findings and rejects a request under the procedures described in subsection (F)(6) of this section pursuant to the State Density Bonus Law.

2. Incentives and concessions may include: A reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, and which result in identifiable, financially sufficient, and actual cost reductions. These incentives (or concessions) are broken down into two tiers, with applicants encouraged to select incentives identified in Tier 1 before selecting concessions in Tier 2. Incentives with an anticipated greater level of impact are identified as Tier 2 and are less preferred, and thus require a higher level of review and approval by the City. The overall goal of this hierarchy is to choose concessions that reduce neighborhood impacts, further the project’s consistency with the General Plan, and promote affordability.

a. Tier 1 Incentives/Concessions (Review/Decision by the Planning Commission).

i. Reduced minimum lot setbacks;

ii. Reduced minimum lot sizes and/or dimensions;

iii. Increased maximum building coverage;

iv. Reduced common or private open space;

v. Approval of mixed use zoning in conjunction with the residential development if nonresidential land uses will reduce the cost of residential development and the City finds that the proposed nonresidential uses are compatible with the residential development and with existing or planned development in the area where the proposed residential development will be located.

b. Tier 2 Incentives/Concessions (Review/Recommendation by the Planning Commission and Review/Decision by the City Council).

i. Reduced parking (beyond the State alternative parking standards identified in subsection G of this section);

ii. Building heights that do not comply with SMC 10.40.060;

iii. Increased maximum floor area ratio (FAR);

iv. Other regulatory incentives or concessions (such as impacts to primary views that do not comply with SMC 10.54.050(D)(4)) proposed by the applicant or City which result in identifiable, financially sufficient, and actual cost reductions.

3. Applicants may seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential development meeting the criteria of subsection D of this section at the densities or with the concessions or incentives permitted by this subsection. The applicant must demonstrate that the waiver or modification is necessary to make the residential project, with the affordable units, economically feasible.

4. The denial of an incentive is separate from a decision to approve or deny the project as a whole.

5. The granting of a density bonus, incentives or concessions shall not be interpreted to require a General Plan amendment, Zoning Map amendment, or other discretionary action for approval. If the base project requires discretionary approval, the City retains discretion whether to make the required findings for the project’s approval.

Table 10.40-3. Incentives and Concessions

Unit Affordability Level	Percentage of Total Housing Units	Number of Incentive(s) or Concession(s)
Very Low Income	5%	1
Low Income	10%	1
Moderate Income	10%	1
Very Low Income	10%	2
Low Income	20%	2
Moderate Income	20%	2
Very Low Income	15%	3
Low Income	30%	3
Moderate Income	30%	3

6. The City reserves the right to deny density bonus incentives and concessions requests if written findings are made based upon substantial evidence demonstrating any of the following:

a. The concession or incentive would be contrary to State or Federal law;

b. The concession or incentive is not required to provide for affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set at affordable levels as specified in Section 50053 of the Health and Safety Code;

c. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon:

i. Public health or safety for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households;

ii. The physical environment for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households; or

iii. Any real property listed in the California Register of Historical Resources.

d. Development is physically possible without granting a waiver of development standards.

G. Alternative Parking Standards. For density bonus projects meeting the criteria set forth under Table 10.40-2 (Density Bonus Standards), upon a request by the applicant, the City shall allow the following modified parking requirements:

1. Zero- to one-bedroom units – one off-street parking space per unit.

2. Two- to three-bedroom units – two off-street parking spaces per unit.

3. Four and more bedrooms – two and one-half off-street parking spaces per unit.

These spaces are inclusive of accessible and guest parking spaces. All fractions of numbers shall be rounded up. An applicant may use tandem or uncovered parking spaces to meet these parking requirements.

H. Design and Quality. Affordable units must be constructed concurrently with market rate units and shall be dispersed within the development. The number of bedrooms of the affordable units shall be equivalent to the bedroom mix of the market rate units in the development. Affordable units shall be of equal design and quality as market rate units unless approved by the City. Exterior architectural appearance shall not differentiate between affordable and market rate units. Interior design, finishes and amenities of affordable units may differ from market rate units, but may not be of substandard or inferior quality as determined by the Community Development Director.

I. Donation of Land.

1. An applicant for a tentative subdivision map, parcel map, or other residential development who donates land to the City, as provided for in this section, shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning district and the Land Use Element of the General Plan for the entire development. For each one percent increase above the minimum 10 percent land donation for very low income units described in subsection (I)(3)(b) of this section, the density bonus shall be increased by one percent, up to a maximum of 35 percent as shown in Table 10.40-4 (Density Bonus for Land Donations).

2. This increase shall be in addition to any increase in density allowed by subsection E of this section, up to a maximum combined density bonus of 35 percent if an applicant seeks both the increase required pursuant to this subsection and subsection E of this section. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.

3. An applicant shall be eligible for the increased density bonus described in this subsection I when all of the following requirements are met:

a. The applicant shall donate and transfer the land no later than the date of approval of the final tract or parcel map, or application for the construction of residential units.

b. The development acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.

c. The transferred land shall be at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.

d. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all the permits and approval, other than building permits, necessary for development of the very low income housing units on the transferred land except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Health and Safety Code Section 65583.2, as amended from time to time, if the design is not reviewed by the City prior to the time of transfer.

e. The land shall be transferred to the City of Sausalito, or to a housing developer approved by the City of Sausalito.

f. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units constructed consistent with this chapter, which restriction will be recorded on the property at the time of transfer.

g. The transferred land shall be within the boundary of the proposed development or, with the approval of the City, within one-quarter mile of the boundary of the proposed development.

h. A bonus shall not be granted unless a source of funding for the very low income units has been identified not later than the date of approval of the final parcel or tract map, or application for the construction of residential units.

Table 10.40-4. Density Bonus for Land Donation 

Percentage Very Low Income Units	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

[Ord. 1283 § 1, 2021; Ord. 1220 § 1, 2014; Ord. 1167 § 2, 2003.]

10.40.140 Inclusionary housing.

A. Purpose. Inclusionary zoning is a tool used to integrate affordable units within market rate developments. The specific purposes of establishing inclusionary housing requirements are as follows:

1. Implement State policy that declares that local governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community, as stated in Government Code Section 65580.

2. Implement the housing element of the general plan, which calls for the adoption of an inclusionary housing program in order to expand and protect opportunities for households of all income levels to find housing in Sausalito and afford a greater choice of rental and homeownership opportunities.

3. Advance the City’s legitimate interest in providing additional housing affordable to all income levels and dispersed throughout the City, achieving an economically balanced community, by requiring construction of moderate income housing.

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

1. “Affordable rent” means the total housing costs, including a reasonable utility allowance, paid by an income-eligible household, which does not exceed a specified fraction of the household’s gross income as specified in California Health and Safety Code Section 50053.

2. “Affordable households” means households whose gross incomes and assets do not exceed the qualifying extremely low, very low, low and moderate income limits established in 25 California Code of Regulations (C.C.R.) Section 6932, and amended periodically based on the U.S. Department of Housing and Urban Development (“HUD”) estimate of median income in the County of Marin’s Primary Metropolitan Statistical Area, and as adjusted by the State Department of Housing and Community Development (“HCD”) by family size.

a. “Extremely low income household” means persons and families whose gross incomes do not exceed 30 percent of area median income, adjusted for household size appropriate for the unit.

b. “Very low income household” means persons and families whose gross income does not exceed 50 percent of area median income, adjusted for household size appropriate for the unit.

c. “Low income household” means persons and families whose gross income is greater than 50 percent up to 80 percent of area median income, adjusted for household size appropriate for the unit.

d. “Moderate income household” means persons and families whose gross income is greater than 80 percent and does not exceed 120 percent of area median income, adjusted for household size appropriate for the unit.

3. “Affordable ownership cost” for an affordable ownership unit means a sales price that results in monthly total housing costs paid by an income-eligible household which does not exceed a specified fraction of the household’s gross income as specified in California Health and Safety Code Section 50052.5.

4. “Affordable housing unit(s),” “affordable unit(s),” “inclusionary housing unit(s)” or “inclusionary unit(s)” means a dwelling unit within a residential development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to, extremely low, very low, low, or moderate income households, as stipulated in the provisions of this chapter.

5. “Applicant” means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks City permits and approvals.

6. “Granting authority” means the Building Official, Community Development Director, Zoning Administrator, Planning Commission, or City Council, as applicable, with the authority to approve a proposed housing development project.

7. “Household income level” means the gross annual income of the household used to determine whether the household qualifies as an affordable household.

8. “Housing Authority” means the Housing Authority of the County of Marin, a nonprofit public corporation, or another agency designated by the City, for administering the housing programs under this chapter.

9. “Housing costs” means a reasonable down payment and the monthly mortgage payment, property taxes, homeownership insurance, private mortgage insurance (PMI), when required, and condominium or homeowners’ association fees, where applicable, for ownership units. For a rental unit, total housing costs include the monthly rent payment and utilities.

10. Inclusionary Housing Unit. See “Affordable housing unit(s).”

11. “Income eligibility” describes household eligibility for an affordable housing unit.

12. “New unit” means newly built units on vacant lots, units built on lots after the voluntary substantial demolition of existing units, or the creation of additional dwelling units on lots with existing structures or buildings. A new unit does not include the enlargement or renovation of existing units.

13. “Resale controls” means legal restrictions by which the price of affordable housing units will be controlled to ensure that the unit remains available to affordable households over time.

C. Applicability.

1. This section shall apply to multifamily and mixed use rental and ownership projects of four or more new units.

2. Exemptions. The provisions of this section shall apply to any multifamily and mixed use rental and ownership projects of four or more new units, with the exception of the following:

a. A residential development project, including new units that have been issued a vesting tentative map or building permit prior to June 1, 2018; provided, that the applicable permits and entitlements have not expired.

D. Projects Subject to Providing Affordable Housing Units. The primary intent of the inclusionary requirement is to achieve the construction of new affordable units, as outlined in this section and as consistent with State and Federal law.

1. Multifamily and Mixed Use Rental and Ownership Units (Four or More New Units). Multifamily and mixed use rental and ownership projects of four or more new units shall construct affordable housing unit(s) as follows:

a. Affordable Housing Units. At least 15 percent of the total number of dwelling units within a project that creates four or more new units shall be made available to moderate income households.

b. Fractions. When the number of inclusionary units is calculated to a fractional number, any fraction of less than one-half shall be rounded down to the next whole number; any fraction of one-half or greater shall be rounded up to the next whole number and treated as a whole inclusionary unit. For fractional units of one-half or greater, the requirements of this section may be satisfied for ownership and rental projects through the provision of a moderate income housing unit which has fewer bedrooms than the market rate units. For fractional units of one-half or greater in a rental project, the requirements of this section may be satisfied in the form of a moderate income accessory dwelling unit.

c. Conditions of Approval. Any discretionary approval of new dwelling units shall have conditions attached which will assure compliance with the provisions of this chapter. Such conditions shall:

i. Specify the timing of the construction of the affordable units, the number of inclusionary units and the appropriate income and purchase price or rental restrictions, and amenities associated with each unit.

ii. Require an affordable housing agreement providing for long-term affordability, income certification and screening of potential purchasers and/or renters of inclusionary units, resale control mechanism and ongoing management of the affordable units.

iii. Contain a provision indicating that residents of affordable units shall have access to all common open spaces and recreational amenities available for the market rate units.

iv. An ownership project includes any housing project where the units may be sold individually. Where an applicant elects to initially rent all of the units in a residential ownership project, the affordable housing agreement shall require affordable rents for the affordable unit(s) during the rental period and sale to affordable households at affordable ownership cost if the owner determines to sell the units at a later date.

2. Alternative to Building Affordable Rental Units On Site. Where feasible, it is the preference of the City that the requirements of this section for rental units be met through the construction of affordable rental units within the project. Construction of affordable rental units within another site or sites within the City may be approved on a case-by-case basis through the City’s discretionary process, upon a finding by the Planning Commission or City Council that the construction of the required affordable rental units is not appropriate as part of the project, that approval of land donation or off-site construction will provide an equivalent or greater number of affordable units than would otherwise be required by this chapter, and that the proposal otherwise meets the requirements of this section.

a. Land Donation. Applicants may satisfy the requirements of this chapter by an irrevocable offer of dedication of land for construction of affordable housing within the City.

i. Identification of the land to be dedicated shall be accomplished prior to approval of the discretionary permit for the residential development project.

ii. In addition to any other findings required by statute, ordinance, or otherwise, any project approval for a land dedication shall include a finding that the land to be dedicated is not subject to liens, is served or proposed to be served by municipal services, including water, sewer, roads, electricity, telephone or other similar customary services, contains no unusual planning or development constraints, is appropriately zoned for the proposed density, and adequate financing has been identified to support development of the required affordable housing on the site.

iii. Land for affordable housing projects shall be dedicated to either for-profit or nonprofit affordable housing builders approved by the City, subject to an affordable housing agreement or other legal contract approved by the City Council that shall provide for the construction of affordable units and the long-term affordability, management, and maintenance of the units. The amount of land shall be at least as much as necessary to provide one and one-half times (150 percent) the required number of affordable units as stipulated in this chapter. Rejection of an offer of dedication of land under this section shall not relieve an applicant of the obligation to comply with this chapter through another means.

b. Off-Site Units. Applicants may satisfy the requirements of this chapter by constructing affordable units on another site within the City.

i. New inclusionary units not built on the site of the proposed original project shall be constructed simultaneously with market rate dwellings constructed on the original site, unless alternative arrangements are approved as part of the project approval.

ii. The City may approve off-site rental affordable units in lieu of ownership units.

iii. Where inclusionary units are permitted off site, such units do not count as affordable units for the purpose of receiving a density bonus.

E. Requirements for the Construction and Administration of Affordable Units.

1. Construction of Affordable Units.

a. Timing of Construction. All affordable units in a project and phases of a project should be constructed concurrently with or prior to the construction of noninclusionary units, unless the City finds that extenuating circumstances exist.

b. Design and Character of Affordable Units. The affordable units shall be reasonably dispersed throughout the development, shall contain on average the same number of bedrooms as the noninclusionary units in the development, and shall be compatible with the design of the market rate units in terms of appearance, materials, and finished quality, except that, with City approval, the applicant may be allowed to modify the design and character of affordable units, if such modifications generate a greater number of affordable units than required by this chapter, or provide a greater level of affordability (such as to very low or low income households).

2. Administration of Affordable Units. The City shall contract with the Housing Authority or other designee to manage the rental and/or sale of the affordable housing units.

a. An affordable housing agreement shall be prepared in order to provide for the long-term affordability, administration, and appropriate management of affordable housing units.

b. As part of the affordable housing agreement, the Housing Authority shall have the authority on behalf of the City to: require guarantees; enter into recorded agreements with property owners; and take other appropriate steps necessary to assure that the required affordable housing units are provided based on the time frames established and are occupied by a qualified affordable household.

c. See subsection (E)(6) of this section for additional details regarding the affordable housing agreement.

3. Targeted Affordable Households for Affordable Units. Affordable units shall be offered to the following household(s) based on the bedroom count of the affordable unit:

a. Studio dwelling unit: one-person household minimum;

b. One-bedroom dwelling unit: two-person household minimum;

c. Two-bedroom dwelling unit: three-person household minimum;

d. Three-bedroom dwelling unit: four-person household minimum; and

e. One additional person for each bedroom thereafter.

4. Unit Pricing. All affordable housing units provided under this chapter shall be sold or rented at affordable rent or affordable ownership cost for applicable affordable households as stipulated in this chapter.

a. Affordable rent and affordable ownership cost shall be verified by the Housing Authority, or City designee. The initial sales price shall be targeted to households at the low to mid-range of the moderate income limits but income eligibility shall extend to households at the high end of the range of the affordable income levels.

b. The price received by the seller of an affordable housing unit shall be limited to the purchase price plus an increase limited to the least of the: (i) Consumer Price Index for the San FranciscoOakland-San Jose Area for All Urban Consumers; (ii) increase in the Marin County gross annual household median income, as established by the Housing Authority, since the date of purchase; or (iii) fair market value.

5. Terms of Affordability. Prior to approval of a final map or issuance of building permits, whichever is earlier, the applicant shall execute an affordable housing agreement with the City and the Housing Authority ensuring the continued affordability of the affordable housing units.

a. The affordable housing agreement shall be recorded on title and shall be binding on all future owners and successors in interests.

b. Affordable rental units and affordable ownership units shall remain affordable in perpetuity or based on the maximum allowable time frames established by law at the time of project approval.

6. Affordable Housing Agreement. Affordable housing agreements acceptable to the City Attorney and the Housing Authority shall be recorded against the residential project before approval of any final or parcel map, or issuance of any building permit, whichever occurs first.

a. The affordable housing agreement must specify the number, type, location, size, and phasing of all affordable units, provisions for income certification and screening of potential purchasers or renters of units, maximum rents, and resale control mechanisms, as applicable, including the financing of ongoing administrative and monitoring costs, consistent with the approved affordable housing plan and any affordable housing guidelines, as determined by the City Attorney.

b. The City Council, by resolution, may establish fees for the ongoing administration and monitoring of the affordable units, which fees may be updated periodically, as required.

c. The City Council, by resolution, may adopt affordable housing guidelines to implement this section.

F. Enforcement.

1. The City Attorney is authorized to enforce the provisions of this section and all affordable housing agreements, regulatory agreements, and all other covenants or restrictions placed on affordable units, by civil action and any other proceeding or method permitted by law.

2. Failure of any official or agency to fulfill the requirements of this section shall not excuse any developer or owner from the requirements of this section. No permit, license, map, or other approval or entitlement for a residential project shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this section have been satisfied.

3. The remedies provided for in this section shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

G. Administrative Relief.

1. As part of an application for the first approval of a residential project, a developer may request that the requirements of this section be waived or modified by the granting authority, based upon a showing that applying the requirements of this section would result in an unconstitutional taking of property or would result in any other unconstitutional result.

2. A request for a waiver or modification shall set forth in detail the factual and legal basis for the claim.

3. A request for a waiver or modification shall be reviewed and considered at the same time as the project application or any affordable housing plan.

4. The waiver or modification may be approved only to the extent necessary to avoid an unconstitutional result, based upon legal advice provided by or at the behest of the City Attorney, after adoption of written findings, based on legal analysis and substantial evidence. If a waiver or modification is granted, any change in the project shall invalidate the waiver or modification, and a new application shall be required for a waiver or modification under this section. [Ord. 1269 § 1, 2019.]

[Ord. 1205 § 4, 2012.]

[Ord. 1205 § 5, 2012.]

[Ord. 1205 § 6, 2012.]

[Ord. 1205 § 7, 2012.]

[Ord. 1205 § 8, 2012.]

[Ord. 1205 § 9, 2012.]

[Ord. 1205 § 10, 2012.]

[Ord. 1205 § 11, 2012.]

[Ord. 1205 § 12, 2012.]

[Ord. 1205 § 13, 2012.]