§ 22.16

This Chapter provides development standards intended to enhance the character and preserve the natural heritage of the area.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

The provisions of this Chapter apply to proposed development subject to Master Plan, Design Review, and Site Plan Review, in addition to all other applicable provisions of this Development Code. In the event of any conflict between the provisions of this Chapter and other provisions of this Development Code, this Chapter shall control.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

A.

Subdivisions, residential density. The minimum lot area for new subdivisions, and the maximum density for residential projects within the planned districts, shall be evaluated for consistency with the Marin Countywide Plan and zoning.

B.

Site planning standards. The minimum setback requirements, floor area ratio, maximum site coverage, height limits, and other development standards, applicable to a site in a planned district, shall be determined through Master Plan (Chapter 22.44) , Design Review (Chapter 22.42), Site Plan Review (Chapter 22.52), or Tentative Map (Chapter 22.84), as applicable.

C.

Access.

1.

Roads. In ridge land areas designated by the Marin Countywide Plan, roads shall be designed to rural standards. (Generally, not more than 18 feet pavement width, depending on safety requirements. A minimum of 16 feet may be permitted in certain very low use areas, as provided in the improvement standards established in compliance with Title 24, Sections 24.04.020 et seq., of the County Code (Roads).) No new roads shall be developed where the required grade is more than 15 percent unless the Review Authority determines that the roads can be built without environmental damage, comply with State fire safety regulations, and be used without public inconvenience.

2.

Driveways. Driveways shall be designed in compliance with Title 24, Sections 24.04.235 et seq., of the County Code (Driveways). Driveway length shall be minimized, consistent with the clustering requirements of following Subsection F.1.

D.

Building location.

1.

Clustering requirement. Structures shall be clustered in the most accessible, least visually prominent, and most geologically stable portions of the site, consistent with needs for privacy where multiple residential units are proposed. Clustering is especially important on open grassy hillsides; a greater scattering of buildings may be preferable on wooded hillsides to save trees. The prominence of construction shall be minimized by placing buildings so that they will be screened by existing vegetation, rock outcroppings or

depressions in topography. In agricultural areas, residential development shall be clustered or sited to minimize possible conflicts with existing or possible future agricultural uses.

FIGURE 2-2 CLUSTERING OF DEVELOPMENT

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2.

Development near ridgelines. No construction shall occur on top of, or within 300 feet horizontally, or within 100 feet vertically of visually prominent ridgelines, whichever is more restrictive, unless no other suitable locations are available on the site or the lot is located substantially within the ridgeline area as defined herein. If structures must be placed within this restricted area because of site constraints or because siting the development outside of the ridgeline area will result in greater visual or environmental impacts, they shall be in locations that are the least visible from adjacent properties and view corridors.

FIGURE 2-3

LOCATION OF STRUCTURES NEAR RIDGELINES

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Energy conservation. Solar access shall be considered in the location, design, height and setbacks of all buildings. Generally, buildings should be oriented in a north/south fashion with the majority of glazing on the south wall or walls of the buildings.

4.

Noise mitigation. Noise impacts on residents in nearby areas shall be minimized through the placement of buildings, recreation areas, roads and landscaping.

E.

Facilities. Where possible, facilities and design features called for in the Marin Countywide Plan shall be provided on the site. These include units with three or more bedrooms, available to households with children; child-care facilities; use of reclaimed wastewater; use of materials, siting, and construction techniques to minimize consumption of resources such as energy and water; use of water-conserving appliances; recreation facilities geared to age groups anticipated in the project; bus shelters; design features for bicycle paths to accommodate people with disabilities linked to City-County systems; bicycle parking and related showers and lockers; and facilities for composting and recycling.

F.

Landscaping. Introduced landscaping should be designed to minimally disturb natural areas, and shall be compatible with the native plant setting. Landscaping plans should be prepared in compliance with Chapter 22.26 (Landscaping). Landscaping plans should consider fire protection, solar access, the use of native and drought-tolerant plant species and minimal water use. Planting should not block scenic views from adjacent properties or disturb wildlife trails. See also Chapter 22.26 (Landscaping).

G.

Lighting, exterior. Exterior lighting visible from off-site should be allowed for safety purposes only, shall consist of low-wattage fixtures, and should be directed downward and shielded to prevent adverse lighting impacts on nearby properties, subject to the approval of the Director.

H.

Open space areas. Project approval may require the preservation of land as open space to protect rural visual character, wildlife habitat, riparian corridors and wetlands.

1.

Open space dedication. Land to be preserved as open space may be dedicated in fee title to the County or other agency designated by the County before issuance of any construction permit, or may remain in private ownership with appropriate scenic and/or open space easements/agreements granted to the County in perpetuity. The County may require reasonable public access across those lands remaining in private ownership, consistent with Federal and State law.

2.

Maintenance. The County or other designated public agency will maintain all open space lands accepted in fee title, as well as public access and trail easements across private property. Open space lands that remain in private ownership with scenic easements shall be maintained in compliance with the adopted policies of the Marin County Open Space District and may require the creation of a homeowners' association or other organization to maintain the private open space.

3.

Open space uses. Uses in open space areas shall be in compliance with policies of the Marin County Open Space District. Generally, uses shall have no or minimal impact on the natural environment. Pedestrian and equestrian access shall be provided where possible and reasonable.

I.

Project design.

1.

Height limits for structures.

a.

Thirty feet for primary structures, except that multi-family residential buildings may be increased in height to 45 feet when side yard setbacks of 15 feet or greater are provided.

b.

Sixteen feet for detached accessory structures, except that parking structures may reach a height allowed for the primary structures when they comply with Section 22.20.090.E.2 (Parking structures on steep lots). Further, a detached accessory structure may be constructed to the height allowed for primary structures if the accessory structure is located at least 40 feet from all property lines.

c.

The floor level of the lowest floor shall not exceed 10 feet above natural grade at the lowest corner.

d.

Structures located within the ridgeline areas pursuant to Subsection D.2 above shall be limited to a maximum height of 18 feet.

e.

Where allowed, agricultural structures sited in compliance with the requirements of Section 22.16.030.D.2 (Development near ridgelines) may exceed the above height limits with Design Review approval. See Chapter 22.42 (Design Review).

These requirements may be waived by the Director in unusual circumstances resulting from an irregular site characteristic (e.g., location, lot shape/size, topography) where the waiver will not result in a structure that

will impinge significantly on sun and light exposure, views, vistas, and privacy of adjacent properties and rights-of-way.

2.

Materials and colors. Building materials and colors shall be chosen to blend into the natural environment unobtrusively, to the greatest extent possible.

J.

Site preparation.

1.

Grading. Grading shall occur in compliance with Title 23, Chapter 23.08 (Excavating, Grading and Filling) of the County Code, but shall be held to a minimum. Every reasonable effort shall be made to retain the

natural features of the land: Skylines and ridgetops, rolling land forms, knolls, native vegetation, trees, rock outcroppings, and watercourses. Where grading is required, it shall not create flat planes and sharp angles of intersection with natural terrain. Slopes shall be rounded and contoured to blend with existing topography. See Figure 2-4 (Desirable Grading Practice).

2.

Drainage. Areas adjacent to creeks shall be maintained in their natural state as much as possible. All construction shall ensure drainage into the natural watershed in a manner that will avoid significant erosion or damage to adjacent properties. Impervious surfaces shall be minimized.

3.

Trees and vegetation. Every effort shall be made to avoid tree removal, or changes or construction that would cause the death of existing trees, rare plant communities, and wildlife habitats.

FIGURE 2-4

DESIRABLE GRADING PRACTICE

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4.

Fire hazards. Development shall be permitted in areas subject to wildfire threat only where the Review Authority determines there is adequate access for fire and other emergency vehicles, an adequate water supply, a reliable fire warning system, and fire protection service. Setbacks for firebreaks shall be provided if necessary. Projects shall comply with State fire safe requirements including defensible space and residential construction techniques.

5.

Geologic hazards. Construction shall not be permitted on identified seismic or geologic hazard areas such as on slides, on natural springs, on identified fault zones, or on bay mud without approval from the Department of Public Works, based on acceptable soils and geologic reports.

6.

Watershed areas. All projects within water district watershed areas shall be referred to the affected district for review and comment. Damaging impoundments of water shall be avoided.

K.

Utilities. Street lights in ridge land areas shall be of low intensity and low profile. Power and telephone lines shall be undergrounded in all areas, where feasible.

L.

Plan consistency. Project approval shall require findings of consistency with the Marin Countywide Plan and any applicable Community Plan that may have more restrictive standards than the preceding provisions of this Section.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3819, § I(exh. A), 2024)

The following standards apply to development and new land uses within the ARP zoning district, in addition to the provisions of Section 22.16.030 (Planned District General Standards):

A.

Agricultural and open space uses. Agricultural uses shall be encouraged in ARP zones.

1.

Usable agricultural land should be identified and efforts made to preserve and/or promote its use. Agricultural land not presently in production, may be preserved as undeveloped private open space to be made available in the future on a lease basis for compatible agricultural uses. The primary intent shall be to preserve agricultural land not in production for future agricultural uses, not to provide open space/recreational land uses that will interfere with agricultural operations.

2.

Lands to be preserved for agriculture and/or open space use may require the creation of a homeowner's association or other organization for their maintenance.

3.

The nature and intensity of large-scale agricultural uses should be described in the form of an agricultural management plan prepared by the landowner or lessee and approved by the County. Management plans should consider intensity of grazing, water runoff protection, chemical and fertilizer use, and separation from existing or proposed residential uses, to preserve agricultural land practices.

4.

In some cases, the County may require reasonable public access across those lands remaining in private ownership. Pedestrian and/or equestrian access shall be provided where consistent with adopted County and coastal plans, where not in conflict with agricultural uses, and where liability issues have been resolved. Public access for pedestrian and/or equestrian purposes shall be required as a condition of plan approval.

B.

Fire protection. In rural areas, and areas without public water systems, on-site water storage capacity may be required for each single-family dwelling, subject to the requirements of the County Fire Department. In planned or cluster developments, provisions should be made for common water storage facilities and

distribution systems, where feasible. Maintenance of these water storage facilities and distribution systems should be performed according to a plan approved by the County Fire Department.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

ARTICLE III - SITE PLANNING AND GENERAL DEVELOPMENT REGULATIONS Chapter 22.20 - GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS