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San Rafael Municipal Code Chapter 8.13 sets daytime and nighttime decibel limits enforced under §8.13.040. Daytime is 7:00 a.m. to 10:00 p.m.; nighttime is 10:00 p.m. to 7:00 a.m. In residential zones the daytime cap is 60 dBA intermittent / 50 dBA constant and the nighttime cap drops to 50 dBA intermittent / 40 dBA constant.
Construction noise is regulated under §8.13.050. Standard commercial construction is allowed Monday-Friday 7:00 a.m. to 6:00 p.m. and Saturday 9:00 a.m. to 6:00 p.m. Sundays and federal holidays (plus the day after Thanksgiving) are prohibited. Homeowner-performed work has a separate window.
§8.13.030 prohibits loud or unusual noises that disturb the peace, comfort, or repose of others. This catch-all complement to the §8.13.040 dBA table covers stereos, parties, and amplified sound that may not always trigger a sound-level reading but still cross a reasonableness threshold.
San Rafael has adopted the Marin County Animal Code by reference under SRMC §6.10.010, which covers barking dogs and other animal noise. Persistent barking that disturbs neighbors is enforced by Marin Humane and San Rafael Police, with a first offense as an infraction and second offense within one year as a misdemeanor.
Vehicle exhaust noise in San Rafael is enforced under California Vehicle Code §27150-27151 (muffler and modification rules) by San Rafael Police. The §8.13.040 general noise limits also cap idling and stationary vehicle noise at residential property lines.
§19.20.080(4) prohibits the use of amplified sound in city parks and buildings without a permit. Combined with the citywide §8.13 noise limits, this is the main rule for music in public spaces such as Albert Park, Pickleweed Park, and the Civic Center grounds.
California sets statewide airport noise limits under Title 21 CCR, with the state preempting most local aviation noise control because federal FAA authority dominates aircraft operations in flight.
Chapter 10.110 caps overnight occupancy at two individuals per bedroom plus two additional individuals if the rental provides additional living space (e.g., a futon or sofa-sleeper). A studio is two; a one-bedroom is four; a two-bedroom is six.
Chapter 10.110 of the SRMC, added by Ordinance 1976, requires every short-term rental in San Rafael to be registered annually with the City. The initial registration fee is $170 and the annual renewal is $135. Registration is processed by Rentalscape, the City's third-party operator (effective December 1, 2022).
STR listings must include the notice that quiet hours are observed between 9:00 p.m. and 8:00 a.m. and that no outdoor amplified sound is allowed at any time. This is stricter than the citywide §8.13 nighttime rule.
Short-term rentals in San Rafael are subject to the city's Transient Occupancy Tax on stays under 30 days (commonly 10–12% in Bay Area cities). Operators must register and remit TOT.
STR guest parking must comply with San Rafael zoning off-street parking standards; on-street parking is limited and subject to the city vehicle code, with permit districts in some neighborhoods.
California law requires hosting platforms to verify or disclose liability insurance for short-term rental listings, applying uniformly across all California cities.
§5.40.040(1) makes it unlawful to repair or wash any motor vehicle on a city street. Routine driveway washing and minor home maintenance are not affected, but commercial repairs and any vehicle servicing in the public right-of-way are citable.
RV, trailer and boat storage on residential lots in San Rafael is regulated by zoning, which restricts placement and prohibits living in a parked RV. The city also addresses oversized-vehicle parking on streets.
Parking or storing large commercial vehicles in San Rafael residential zones is restricted by zoning, with weight/length thresholds limiting what may be kept overnight at a home.
Driveway approaches in San Rafael require an encroachment permit and must meet city standards; vehicles generally must be parked on an approved paved surface, not on the lawn.
Marin County has no county-wide overnight parking ban; on County roads designated by Board of Supervisors resolution and posted with signs, no vehicle may park between 11:00 p.m. and 5:00 a.m.
California Vehicle Code sections 22651 and 22669 set uniform rules allowing peace officers and authorized agents to remove abandoned vehicles from public and private property after defined waiting periods, with statewide notice and lien procedures.
California Civil Code sections 4745 and 4745.1, plus Government Code 65850.7, create statewide rights for residents to install EV charging stations and require expedited local permitting that supersedes restrictive local rules.
All fireworks — including 'safe and sane' fireworks — are prohibited citywide. §19.20.080(B)(3) specifically bars possession or ignition of fireworks on any city property (parks, open space, beaches, public facilities), and the underlying fire code adopted by Chapter 4.08 extends the ban citywide year-round.
Open burning in San Rafael is regulated by the Bay Area Air Quality Management District and the fire department; residential yard-waste burning is generally prohibited and barred on Spare the Air days. Defensible-space clearance applies in the city's hillside fire zones.
Recreational fires in approved fire pits using clean, dry wood are generally allowed in San Rafael subject to fire-code clearances and Spare the Air / red-flag day restrictions; fires must be attended and a safe distance from structures and vegetation.
Chapter 4.12 of the SRMC establishes vegetation management standards. Since April 2022 the standards apply to all parcels citywide, not just Wildland-Urban Interface lots. §4.12.030 lists hazards that must be resolved; the rules require 0-5 ft of cleared space around all structures (succulents or grass under 3 inches only) and removal of juniper, bamboo, acacia, and Italian cypress.
Most of unincorporated Marin County is designated Wildland-Urban Interface under the Marin County Fire Code (Title 16). WUI properties must meet Chapter 7A construction standards for ignition-resistant materials and maintain 100 feet of defensible space year-round.
Residents cannot burn debris, vegetation, or open piles in their backyard in unincorporated Marin from May 1 through October 31. Outside that window, a Marin County Fire–signed LE5 burn permit is required and only dry natural vegetation may be burned, with an adult tending at all times.
California uniformly applies the State Fire Marshal's propane storage standards through the California Fire Code, which all local jurisdictions must enforce as a minimum.
§14.16.140 regulates fence materials and visibility, including how opacity at the front yard interacts with sight distance and design review. Standard wood, vinyl, and chain link are permitted; barbed wire and razor wire are prohibited in residential zones.
A building/zoning permit is generally required in San Rafael for fences over 6 feet or masonry/retaining walls; pool barrier fences must meet the California Building Code. Standard residential fences at the height limit may be permit-exempt.
San Rafael zoning typically allows fences up to 6 feet in side and rear yards and 3–4 feet in front yards, with corner sight-visibility limits and hillside/view considerations. Taller fences require a permit or variance.
Shared boundary fences in California are governed by the Good Neighbor Fence Act (CA Civil Code §841), presuming adjoining owners share the cost equally after 30 days' notice. Spite fences over 10 feet are a private nuisance (§841.4).
Marin County does not categorically prohibit fence materials, but fences taller than 4 feet in front yards or street-side setbacks must be at least 50% open above the 4-foot mark. State Zone 0 wildfire rules also affect non-combustible material requirements within 5 feet of structures.
Retaining walls in unincorporated Marin County may reach 6 feet above grade when the exposed face points inward, or 4 feet when facing outward (8 feet if 25+ feet from all property lines), under Development Code § 22.20.052.
California's Swimming Pool Safety Act in Health and Safety Code Section 115920 mandates statewide drowning prevention barriers around residential pools, with cities prohibited from adopting weaker standards.
San Rafael does not have a single wildlife-feeding section, but multiple code provisions together regulate the issue. §9.12.030 prohibits deposit and maintenance of offensive substances, and §9.19.170 requires weekly garbage service. State law (FGC §251.1) makes it unlawful to harass wildlife.
California prohibits breed-specific bans, so San Rafael cannot ban a breed outright; only breed-specific spay/neuter rules are allowed. Dangerous dogs are regulated by behavior.
San Rafael requires dogs to be leashed or confined and prohibits dogs running at large; Marin Humane enforces and may impound loose dogs. California requires dog licensing. Some open-space preserves have specific dog rules.
Beekeeping is permitted in San Rafael subject to local zoning standards on hive number, placement and setbacks. California has no statewide ban; hives must be registered with the Marin County agricultural commissioner.
California restricts exotic pets through the Fish & Game Code and CDFW regulations — ferrets and hedgehogs are illegal statewide, and many wild/exotic species are prohibited. These restrictions apply in San Rafael.
In unincorporated Marin County, the Development Code (Title 22, Chapter 22.32) permits the keeping of up to 12 fowl and/or 12 rabbits or similar small animals as 'Livestock Operations, Small Animals.' Large livestock (cattle, goats, sheep, hogs) and equestrian uses are separately defined and zone-restricted.
Marin County Code § 8.04.185 establishes a limitation on the number of dogs per household. Under the Title 22 Development Code, keeping six or more household pets four months or older constitutes a 'kennel' subject to discretionary permitting.
San Rafael follows state ADU law (Government Code §66341-66342) and has local implementing zoning standards in Chapter 14. ADUs up to 850 sq ft (or 1,000 sq ft for a 2-bedroom) are ministerially approved on lots with an existing or proposed single-family dwelling. Junior ADUs up to 500 sq ft are also permitted.
Sheds in San Rafael must meet zoning setback rules for accessory structures. Under the California Building Code, a building permit is generally required for sheds over 120 square feet; smaller sheds still must meet placement rules.
Converting a garage to living space in San Rafael requires a building permit and zoning review for egress, light/ventilation and parking; converting to a separate unit is often processed as an ADU under state law.
California HCD guidance and Health and Safety Code 18007 classify many tiny homes on wheels as manufactured housing or ADUs, granting statewide siting protections.
Under §14.16.220 home occupations may have no more than one client at a time on site. There is no daily cap, but the one-at-a-time rule effectively bars walk-in retail and group activities. On-site sales of goods displayed are prohibited.
Home-occupation signage in San Rafael is tightly limited by the zoning sign rules — typically a single small, non-illuminated sign, if any, in residential zones.
Home occupations in San Rafael are permitted as an accessory use under zoning with a home-occupation permit/business license, subject to conditions keeping the business subordinate to the residence.
Home occupations in San Rafael must not generate traffic, parking demand or deliveries beyond what is normal for a residence; significant customer visits can disqualify the use.
Unincorporated Marin County does not require a discretionary home-occupation permit. A residential home occupation is an allowed accessory use in every residential district provided the operator obtains and posts a County business license under Chapter 5.54 and complies with the operating standards of Development Code Section 22.32.100.
The California Homemade Food Act, codified at Health and Safety Code sections 113758 and 114365, sets uniform rules for cottage food operations and bars local governments from prohibiting them in residential zones.
Health and Safety Code sections 1597.40 through 1597.465 require all California cities and counties to treat licensed family daycare homes as permitted residential uses, preempting any local prohibition or restrictive zoning.
San Rafael enforces a property-maintenance/weed-abatement code requiring owners to control overgrown grass, weeds and brush as a fire and nuisance hazard, with stricter clearance in the hillside wildland-urban interface. Violations can lead to abatement and a cost lien.
Outdoor watering in San Rafael is subject to the Marin Municipal Water District's conservation rules, including assigned watering days/times and runoff prohibitions during drought. California's MWELO applies to larger new/renovated landscapes.
Owners maintain trees on their own property in San Rafael; street trees and protected/heritage trees are managed by the city, which requires approval before pruning or removing them.
Owners may remove most trees on private property in San Rafael; removal of street trees or protected/heritage trees requires city approval, and replacement may be required during development.
Marin County Code Chapter 6.60 (Noxious Weeds) and Marin County Fire Code § 325.5 together prohibit allowing noxious weeds or hazardous vegetation to grow on a parcel in unincorporated Marin. The Agricultural Commissioner and Fire Marshal share enforcement.
Government Code 65850.3 prevents California cities and HOAs from banning drought-tolerant artificial turf installed at single-family residential properties.
SB 1383 requires every California resident and business to separate food scraps and yard waste from trash, with universal collection or on-site composting.
AB-1572 prohibits using potable water to irrigate non-functional turf at commercial, institutional, and HOA-common areas, accelerating native and low-water landscape conversions statewide.
The 2012 Rainwater Capture Act allows California residents to capture rainwater from rooftops for non-potable outdoor use without a state water-right permit, preempting most local barriers.
Pools in San Rafael must be enclosed under the California Building Code and Swimming Pool Safety Act: a barrier at least 60 inches (5 feet) high with self-closing, self-latching gates, plus at least one additional drowning-prevention feature.
Pool construction in San Rafael must meet the California Building Code and Swimming Pool Safety Act — barriers, anti-entrapment drain covers, and electrical bonding. A building permit and inspections are required.
Above-ground pools holding more than 18 inches of water in San Rafael require a building permit and the same barrier protection as in-ground pools; ladders must be removable or secured when unattended.
Construction of a swimming pool in unincorporated Marin County requires a building permit issued by the Community Development Agency Building and Safety Division, which enforces the adopted California Building, Plumbing, Electrical, and Energy Codes.
Hot tubs and spas fall under California's Swimming Pool Safety Act when capable of holding water deeper than 18 inches, requiring barriers, covers, or other approved safety features.
§9.12.034 (Littering in public places) and §9.19.050(1)/(4) (Dumping/Burying of Solid Waste) make it unlawful to litter or dump waste on any public or private property without authorization. §9.12.036 makes merchants responsible for keeping sidewalks in front of their stores free of litter.
California universally requires every resident and business to separate organic waste for recycling, alongside mandatory commercial recycling under AB 341 and AB 1826.
Significant portions of San Rafael — particularly the Canal District, East San Rafael, and Loch Lomond — are in FEMA Special Flood Hazard Areas. New construction in these zones must comply with floodplain management regulations and BCDC sea-level-rise guidance. The General Plan 2040 explicitly addresses sea-level rise as a planning constraint.
Marin County's coastal areas are regulated by the Local Coastal Program (LCP) Implementation Plan, codified in Title 20 of the Marin County Code. Development within the Coastal Zone — including West Marin and Bay shoreline — requires a Coastal Permit. BCDC also regulates within 100 feet of the Bay shoreline.
California Water Code sections 13260 and 13383 implement the federal Clean Water Act through statewide MS4 NPDES permits issued by the State and Regional Water Boards, binding all municipal stormwater dischargers uniformly.
California Civil Code §1941 and §1941.1 set the implied warranty of habitability — landlords must keep rental units fit for human occupation. San Rafael Code Enforcement adopts the California Property Maintenance Code through §12.100.010(11) for local enforcement.
California evictions run through the unlawful detainer process. Under Code of Civil Procedure § 1161, nonpayment requires a 3-day notice to pay rent or quit (excluding weekends and holidays), and lease violations require a 3-day notice to cure or quit. No-fault terminations of covered tenancies require 30, 60, or 90 days. Self-help lockouts are illegal.
Civil Code 1946.2 requires landlords statewide to have just cause to terminate tenancies of qualifying tenants who have lived in a covered unit at least 12 months.
California Civil Code § 1954 limits when a landlord may enter a rented home. Except in emergencies, abandonment, or with tenant consent, the landlord must give reasonable written notice (24 hours is presumed reasonable) and may enter only during normal business hours, for specific permitted reasons such as repairs, inspections, or showings.
California sets no fixed dollar or percentage cap on rent late fees, but a late fee in a residential lease is treated as liquidated damages. Under Civil Code § 1671, such a fee is valid only if it reasonably estimates the landlord's actual loss from late payment; arbitrary penalty fees are unenforceable.
To end a California month-to-month tenancy, a tenant gives 30 days' written notice. A landlord gives 30 days if the tenant has lived there under a year, or 60 days if a year or more, under Civ. Code § 1946.1. AB 1482 requires just cause after 12 months; military and DV tenants may exit early.
California limits annual rent increases statewide to 5% plus the local change in the cost of living, capped at 10%, under the Tenant Protection Act of 2019 (AB-1482). It also lets cities and counties enact their own stricter rent-control ordinances, subject to the limits of the Costa-Hawkins Rental Housing Act.
California requires written notice before raising a month-to-month tenant's rent. Under Civ. Code § 827, increases of 10% or less in 12 months need 30 days' notice; increases above 10% need 90 days' notice. AB 1482 separately caps yearly increases on covered units.
As of July 1, 2024, California landlords may collect no more than one month's rent as a security deposit, regardless of whether the unit is furnished. The deposit, minus any lawful deductions, must be returned with an itemized statement within 21 days after move-out, or the landlord risks penalties of up to twice the deposit.
California adverse possession requires five years of continuous, open, hostile possession AND payment of all property taxes during that period under Code of Civil Procedure § 325. A squatter or trespasser who has not paid taxes gains no ownership and can be removed by unlawful detainer, ejectment, or a police trespass action.
San Rafael regulates taxicabs (§10.60.020-110) and massage therapy (§10.90.020-110) as licensed businesses. Mobile food vending requires a San Rafael business license under §10.04.210 plus a Marin County Environmental Health Mobile Food Facility (MFF) permit.
California's Safe Sidewalk Vending Act (SB 946) preempts most local bans on sidewalk vending, allowing only objective health, safety, and welfare regulations.
Commercial drone operations in California follow uniform federal rules under 14 CFR Part 107 plus statewide California provisions in Civil Code 1708.8 and Public Utilities Code 21401, with local rules limited to ground-based regulation.
Recreational drone flight in California is governed primarily by FAA regulations under 14 CFR Part 107 and 49 USC 44809, with state-level rules added by Civil Code 1708.8 and Government Code 853 applying uniformly statewide.
California sets a statewide minimum wage floor under Labor Code 1182.12, currently $16.50 per hour for all employers as of 2025. Local governments are not preempted and may set higher minimums; many cities exceed the state rate substantially.
California's Healthy Workplaces, Healthy Families Act under Labor Code 245-249 mandates paid sick leave for nearly all employees statewide. SB 616 (2023) raised the minimum to 40 hours or five days annually effective January 2024, applying universally.
California regulates concealed carry weapons licenses statewide under Penal Code 26150 through 26225. Senate Bill 2 (2023) imposes uniform sensitive-place restrictions and applicant standards, preempting local variations on issuance criteria and qualifications.
California preempts most local firearm regulation under Government Code 53071 and Penal Code 25605, reserving licensing, registration, and manufacture authority to the state. However, local governments retain limited authority over discharge, sensitive places, and zoning of gun businesses.
California broadly prohibits open carry of firearms statewide under Penal Code 25850 (loaded firearms in public) and Penal Code 26350 (open carry of unloaded handguns). The prohibition applies uniformly across all California cities and counties without local variation.
California prohibits carrying loaded firearms in vehicles statewide under Penal Code 25400 and 25850. Unloaded handguns transported in private vehicles must be in a locked container or the vehicle's locked trunk; long guns must be unloaded but need not be locked.
California HOAs may levy regular and special assessments, charge late fees and interest, record liens, and ultimately foreclose on delinquent owners under the Davis-Stirling Act. State law (Civil Code sections 5650-5740) caps fees and interest and imposes strict notice steps and a delinquency threshold before any foreclosure may proceed.
California tightly regulates HOA governance. The Common Interest Development Open Meeting Act (Civil Code 4900-4955) governs board meetings and member access, sections 5100-5145 mandate secret-ballot elections with independent inspectors, and sections 5200-5240 give members broad rights to inspect association records.
California HOAs enforce recorded CC&Rs and architectural rules, but Civil Code section 4765 requires architectural decisions to be fair, reasonable, and in good faith, and sections 5900-5965 require internal dispute resolution plus an attempt at alternative dispute resolution before most enforcement lawsuits can be filed.
California HOAs may fine members for rule violations, but only under a published schedule of fines and after strict due-process steps. Civil Code section 5855 requires written notice and a hearing before any monetary penalty, and section 5725 bars fines from becoming a foreclosable lien on the home.
California overrides HOA governing documents on several owner protections. The Davis-Stirling Act and related Civil Code sections bar HOAs from prohibiting solar systems, U.S. flag displays, drought-tolerant landscaping, EV charging stations, and most noncommercial signs, even where local city rules are silent.
California prohibits state and local governments from requiring private employers to use the federal E-Verify system except where federal law mandates it, under Government Code 7285.1 and 7285.3. The restriction applies uniformly to every California city and county.
The California Values Act (SB 54, 2017) codified at Government Code 7284-7284.12 limits state and local law enforcement cooperation with federal immigration authorities. It applies uniformly to every California agency and bars participation in most civil immigration enforcement.
The California Land Conservation Act of 1965 (Williamson Act), Government Code 51200-51297.4, allows landowners to enter contracts with counties restricting land to agricultural use for ten-year minimum terms in exchange for reduced property tax assessment based on farming income.
The California Right to Farm Act under Civil Code 3482.5 protects established agricultural operations from nuisance lawsuits brought by neighbors who moved in after farming began. The law applies statewide and limits both private and local government nuisance actions.
California prohibits grocery stores and large retailers from providing single-use plastic carryout bags under Public Resources Code 42280-42288, enacted by SB 270 (2014) and ratified as Proposition 67 in 2016. Recycled paper or reusable bags require a 10-cent minimum charge.
California restricts expanded polystyrene food containers statewide through SB 54 (2022) packaging requirements under Public Resources Code 42040-42081. The law mandates that polystyrene foodware achieve 25 percent recycling by 2025 or face statewide sales prohibition.
California Public Resources Code 42270-42273, enacted by AB 1884 (2018), prohibits full-service restaurants from providing single-use plastic straws unless requested by the customer. The on-request rule applies uniformly to dine-in restaurants statewide.
Civil Code section 714 voids HOA covenants and rules that prohibit or unreasonably restrict residential solar energy systems, preempting private and local restrictions.
California's Solar Rights Act and the SolarAPP+ mandate (SB 379) require expedited permit review of small residential solar systems, preempting restrictive local processes.
California prohibits sale of tobacco and vapor products to anyone under 21 statewide under Business and Professions Code 22958, enacted by SBX2-7 in 2016. The Tobacco 21 standard applies uniformly across all California jurisdictions.
California bans retail sale of most flavored tobacco products statewide under Health and Safety Code 104559.5, enacted by SB 793 (2020) and upheld by voters via Proposition 31 in November 2022. The ban applies uniformly to all California retailers.
California requires statewide licensing of tobacco and vape retailers under the STAKE Act and the Cigarette and Tobacco Products Licensing Act. Business and Professions Code 22970 establishes uniform retailer licensing, while local governments may adopt stricter rules.