§ 22.32

This Chapter provides site planning and development standards for land uses that are allowed by Article II (Zoning Districts and Allowable Land Uses) and Article V (Coastal Zone Development and Resource Management Standards) in individual or multiple zoning districts (e.g., in residential, commercial, and industrial districts and in residential and commercial, and/or in commercial and industrial districts).

(Ord. No. 3577, 2012)

The retail sales of food and other products may be allowed in a restaurant, store, or similar facility within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers in compliance with this Section.

A.

Limitation on use. Accessory retail uses shall be limited to serving employees and customers in pharmacies, gift shops, and food service establishments within institutional uses (e.g., hospitals and schools); convenience stores, gift shops, and restaurants/bars within hotels and resort complexes; restaurants within office and industrial complexes; and/or other uses determined to be similar by the Director.

B.

External appearance. There shall be no external evidence (e.g., signs, windows with merchandise visible from streets or sidewalks external to the site, etc.) of any commercial activity other than the primary use of the site (except in the case of a restaurant/bar within a hotel).

(Ord. No. 3577, 2012)

The standards of this Section shall apply to agricultural worker housing. The intent of these provisions is to allow sufficient numbers of agricultural worker housing units that are necessary to support agricultural operations and that are consistent with the applicable provisions of State law.

A.

Permitted use, zoning districts. Agricultural worker housing providing accommodations for 12 or fewer employees shall be considered a principally-permitted agricultural land use in the following zoning districts: A2, A3 to A60, ARP, C-APZ, O-A, and C-OA, and are allowed by Articles II (Zoning Districts and Allowable Land Uses) and V (Coastal Zone Development and Resource Management Standards).

B.

Limitations on use.

1.

Density. The maximum density shall not exceed that allowed in the underlying zoning district which governs the site. Agricultural worker housing that exceeds the maximum density may be allowed only in A2, A3 to A60, ARP, and C-ARP zoning districts subject to Use Permit approval in compliance with Chapter 22.48 (Conditional Use Permits).

For purposes of determining compliance with the density requirements for agricultural worker housing, each agricultural worker housing that provides accommodations for six or fewer employees shall be considered equivalent to one dwelling unit, with the exception that agricultural worker housing providing accommodations for seven to 12 employees shall not be counted for purposes of computing residential density. For purposes of this section, family members are not included in the determination of the number of employees.

2.

Referrals. Prior to making a determination that agricultural worker housing which exceeds the maximum density for a specific site is necessary to support agriculture, the review authority may consult with such individuals or groups with agricultural expertise as appropriate for a recommendation.

3.

Temporary mobile home. Any temporary mobile home not on a permanent foundation and used as living quarters for seven to 12 agricultural workers is permitted subject to the requirements of the State Department of Housing and Community Development. Any temporary mobile home providing living quarters for six or fewer agricultural workers requires Use Permit approval, is counted as one dwelling unit for purposes of compliance with the zoning district's density limitations, and shall be subject to the requirements of the State Department of Housing and Community Development.

(Ord. No. 3577, 2012)

Airparks may be located where allowed by Article II (Zoning Districts and Allowable Land Uses) of this Development Code, for business or emergency purposes, subject to the following standards:

A.

State permit required. A land Use Permit or exemption shall be obtained from the California Department of Transportation, Division of Aeronautics, and evidence of the permit or exemption shall be presented to the Agency, prior to establishing any airpark.

B.

Nuisance mitigation. A proposed airpark shall be located so that neither air or related surface traffic constitute a nuisance to neighboring uses. The applicant shall demonstrate that adequate controls or measures will be taken to mitigate offensive bright lights, dust, noise, or vibration.

Airparks shall not constitute a nuisance resulting from frequency and timing of flights, location of landing area, or departure and approach patterns that conflict with surrounding land uses.

(Ord. No. 3577, 2012)

The standards of this Section shall apply to the keeping of animals in specified zoning districts and their Coastal Zone counterparts, in addition to the standards in Chapter 8.04 (Animal Control) of the County Code.

A.

General standards. The following general standards shall apply:

1.

Requirements. All animal keeping activities shall comply with the general requirements in Tables 3-9 and 3- 10; and

2.

Household pets. There shall be no more than three dogs over the age of four months allowed on a property without Use Permit approval. Other household pets are subject to the requirements for keeping small animals as set forth in Table 3-9.

TABLE 3-9

GENERAL REQUIREMENTS FOR THE KEEPING OF SMALL ANIMALS

(Chickens, Ducks, Exotics, Geese, Guinea Fowl, Pea-fowl, Rabbits, Roosters, Miniature Goats, Potbellied Pigs and Similar Animals)

TABLE 3-10

GENERAL REQUIREMENTS FOR THE KEEPING OF LARGE ANIMALS, HORSES, DONKEYS, MULES, AND PONIES

(Cows, Exotics, Goats, Pigs, Sheep, Llamas & Similar Animals)

B.

Standards for livestock, horses, donkeys, mules, and ponies. The following standards, which do not apply in the A-3 to A-60, ARP or APZ zoning districts, shall apply to the keeping of livestock, horses, donkeys, mules, and ponies in addition to those in Section 22.32.030.A (General Standards), above:

1.

Location of animals and structures. No animal or any structure for animals shall be located closer than 30 feet to:

a.

The public right-of-way upon which the parcel faces;

b.

Any dwelling;

c.

Any building line on an adjoining parcel (the boundary extended from the nearest edge of a primary or accessory structure or the required setback line on the adjoining parcel, whichever is closer to the property line). (see Figure 3-27); and

d.

Additionally, no animal or any structure for animals shall be located in a required setback area, or closer than ten feet to a property line.

FIGURE 3-27

==> picture [409 x 225] intentionally omitted <==

2.

Minimum area and slope standards. The keeping of livestock, horses, donkeys, mules, and ponies shall comply with the following standards:

a.

The minimum lot area for the keeping of one animal shall be 15,000 square feet for properties with one percent through 15 percent slope. For each percent of slope over 15 percent, the minimum lot area shall be increased by 1,000 square feet.

b.

For each additional animal, an additional 5,000 square feet of lot area shall be provided.

c.

No animals shall be allowed on slopes exceeding 50 percent.

Erosion and drainage control plan required. An erosion and drainage control plan shall be submitted and approved by the County Department of Public Works for the keeping of animals on sites over 25 percent in slope.

4.

Site maintenance. The property owner shall submit a manure management plan that should require periodic manure collection and composting or removal of manure from the premises, subject to the approval of the County Health Officer.

5.

Water supply. An adequate supply of fresh water shall be available to animals at all times, subject to the approval of the County Health Officer.

6.

Exceptions by Use Permit. The keeping of horses, donkeys, mules, or ponies may be allowed with Use Permit approval, in compliance with Chapter 22.48 (Conditional Use Permits), in any zoning district not listed in this Section or for an exception from any of the standards.

7.

Existing uses conforming. Any residential property where horses, donkeys, mules, or ponies are legally kept as of the effective date of this Development Code shall be deemed to be conforming. Any expansion of use shall be subject to the provisions of this Section.

C.

Standards for chickens. The following standards, which do not apply in the A-3 to A-60, ARP or APZ zoning districts, shall apply to the keeping of chickens in addition to those in 22.32.030.A (General Standards), including Table 3-9, above:

1.

Location of chickens and structures. No chicken coop shall be located closer than 15 feet to a property line, access easement, or street right-of-way.

2.

Enclosure standards.

a.

Chickens shall be kept in a secured coop, pen, yard, or field at all times. Adequate fencing, walls, or other barriers shall be installed or maintained on the premises so that chickens cannot gain access to adjacent properties.

b.

A chicken coop shall be thoroughly ventilated and designed and constructed in a manner that the chickens can be securely contained.

D.

Standards for miniature goats. The following standards, which do not apply in the A-3 to A-60 or APZ zoning districts, shall apply to the keeping of miniature goats:

1.

Limitations on the keeping of miniature goats.

a.

The keeping of miniature goats shall not be for commercial purposes.

b.

Male miniature goats are prohibited.

c.

Miniature goats shall be dehorned.

d.

No more than four miniature goats shall be kept, except that offspring exceeding this number may be kept on site for up to twelve weeks from birth.

e.

Female miniature goats may be bred if all of the following conditions are met:

i.

The miniature goat is bred at a commercial location that provides stud services.

ii.

Breeding is done for the purpose of maintaining milk production.

2.

Minimum area. The minimum lot area for the keeping of miniature goats shall be 6,000 square feet.

3.

Location of miniature goats and structures. No miniature goat or any structure for miniature goats shall be located in a required setback area, or closer than 15 feet to a property line, access easement, or street right-of-way, whichever is greater.

Enclosure standards.

a.

Miniature goats shall be kept in a secured goat shed, pen, yard, or field at all times. Adequate fencing, walls, or other barriers shall be installed or maintained on the premises so that miniature goats cannot gain access to adjacent properties.

b.

A structure that houses miniature goats shall be thoroughly ventilated and designed and constructed in a manner that the miniature goats can be securely contained.

E.

Standards for potbellied pigs. The following standards, which do not apply in the A-3 to A-60 or APZ zoning districts, shall apply to the keeping of potbellied pigs:

1.

Limitations on the keeping of potbellied pigs.

a.

No more than four potbellied pigs shall be kept, except that offspring exceeding this number may be kept on site for up to twelve weeks from birth.

b.

Male and female potbellied pigs may be kept. However, any potbellied pig must be spayed or neutered.

2.

Minimum area. The minimum lot area for the keeping of potbellied pigs shall be 6,000 square feet.

3.

Location of potbellied pigs and structures. No potbellied pig or any structure for potbellied pigs shall be located in a required setback area, or closer than 15 feet to a property line, access easement, or street right-of-way, whichever is greater.

4.

Enclosure standards.

a.

Potbellied pigs shall be kept in a secured, pen, yard, or field at all times. Adequate fencing, walls, or other barriers shall be installed or maintained on the premises so that potbellied pigs cannot gain access to adjacent properties.

b.

A structure that houses potbellied pigs shall be thoroughly ventilated and designed and constructed in a manner that can be securely contained.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3745, § 1(exh. A), 2021)

Bed and breakfast inns (B&Bs) are subject to the requirements of this Section. The intent of these provisions is to ensure that compatibility between the B&B and any adjoining zoning district or use is maintained or enhanced.

A.

Permit requirement. B&Bs are allowable in the zoning districts and with the permit requirements determined by Articles II (Zoning Districts and Allowable Land Uses), and V (Coastal Zone Development and Resource Management Standards).

B.

Site requirements. Except for minimum lot size requirements, the proposed site shall conform to all standards of the applicable Residential, Commercial, Coastal, or Agricultural zoning district.

C.

Appearance. The exterior appearance of the structure used for the B&B shall maintain single-family residential characteristics.

D.

Limitation on services provided. The services provided guests by the B&B shall be limited to the rental of bedrooms and the provision of breakfast and light snacks for registered guests. There shall be no separate/additional food preparation facilities for guests.

No receptions, private parties, retreats, or similar activities, for which a fee is paid shall be allowed.

E.

Business license required. A current business license shall be obtained/posted, in compliance with Title 5, Chapter 5.54 (Business Licenses) of the County Code.

F.

Occupancy by permanent resident required. All B&Bs shall have one household in permanent residence.

G.

Transient Occupancy Tax. B&Bs shall be subject to the Transient Occupancy Tax, in compliance with Chapter 3.05 (Uniform Transient Occupancy Tax) of the County Code.

H.

Signs. Signs shall be limited to one on-site sign not to exceed four square feet in area and shall be installed/maintained in compliance with Chapter 22.28 (Signs).

I.

Fire safety. The B&B shall meet all of the requirements of the County Fire Department.

J.

Parking. On-site parking shall be provided in compliance with Sections 24.04.330 through 24.04.400 (Parking and Loading) of the County Code.

K.

Sewage disposal. Any on-site sewage disposal shall be provided in compliance with Title 18 (Sewers) of the County Code.

(Ord. No. 3577, 2012)

Camping and campgrounds on private property are subject to the requirements of this section.

A.

Camping shall occur only in campgrounds, and hunting and fishing camps.

B.

Camping is only allowed for a maximum of 30 days per calendar year per person, except for camp staff.

C.

Child day-care centers.

1.

Permit requirement. A child day-care center shall require approval of a Use Permit in compliance with Chapter 22.48 (Conditional Use Permits).

2.

Standards for child day-care centers. The following standards apply to child day-care centers in addition to the standards in Subsection 22.32.050.C.2:

a.

Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area. All fences or walls shall provide

for safety with controlled points of entry in compliance with Section 22.20.050 (Fencing and Screening Standards).

b.

Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded, subject to the approval of the Director.

c.

Swimming pools/spas prohibited. No swimming pool/spa shall be installed on the site after establishment of the child day-care center, due to the high risk and human safety considerations. Any pool/spa existing on the site prior to application for approval of a child day-care center shall be removed prior to establishment of the use, unless the Director determines that adequate, secure separation exists between the pool/spa and the facilities used by the children.

(Ord. No. 3577, 2012; Ord. No. 3797, § II(exh. A), 2023)

This Section establishes standards for the County review of child day-care facilities, in conformance with State law (Health and Safety Code Section 1596.78), including the limitations on the County's authority to regulate these facilities.

These standards apply in addition to all other applicable provisions of this Development Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social Services is required for all child day-care facilities.

A.

Applicability. Where allowed by Article II (Zoning Districts and Allowable Land Uses) child day-care facilities shall comply with the standards of this Section. As provided by State law (Health and Safety Code Sections 1596.78, et seq.), small and large family day-care homes are allowed within any single-family residence located in an agricultural or residential zoning district. Child day-care centers are allowed in the zoning districts determined by Article II (Zoning Districts and Allowable Land Uses), subject to Use Permit approval, in compliance with Chapter 22.48 (Conditional Use Permits), and all of the standards in Subsection D, below.

These standards apply in addition to all other applicable provisions of this Development Code and any requirements imposed by the California Department of Social Services. Licensing by the Department of Social Services is required for all child day-care facilities. A California Department of Social Services license for a child day-care facility shall be obtained and evidence of the license shall be presented to the Agency prior to establishing any child day-care facility.

B.

Definitions. Definitions of the child day-care facilities regulated by this Section are in Article VIII (Development Code Definitions) under "Child Day-Care Facilities."

C.

Child day-care centers.

1.

Permit requirement. A child day-care center shall require approval of a Use Permit in compliance with Chapter 22.48 (Conditional Use Permits).

2.

Standards for child day-care centers. The following standards apply to child day-care centers in addition to the standards in Subsection 22.32.050.C.2:

a.

Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area. All fences or walls shall provide for safety with controlled points of entry in compliance with Section 22.20.050 (Fencing and Screening Standards).

b.

Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded, subject to the approval of the Director.

c.

Swimming pools/spas prohibited. No swimming pool/spa shall be installed on the site after establishment of the child day-care center, due to the high risk and human safety considerations. Any pool/spa existing on the site prior to application for approval of a child day-care center shall be removed prior to establishment of the use, unless the Director determines that adequate, secure separation exists between the pool/spa and the facilities used by the children.

(Ord. No. 3577, 2012; Ord. No. 3797, § II(exh. A), 2023)

A.

Limitation on use. Cottage industries shall be limited to activities involving the design, manufacture, and sale of the following products and services, or others determined by the Director to be similar. See 22.02.020.E (Rules of Interpretation—Allowable Uses of Land):

1.

Antique repair and refinishing;

2.

Catering;

Ceramics;

4.

Cloth decorating by batik, dyeing, printing, silk screening, or other similar techniques;

5.

Clothing production, including dressmaking, etc.;

6.

Furniture and cabinet making and other woodworking;

7.

Jewelry making;

8.

Painting and sculpture;

9.

Photography;

Sewing;

Weaving; and

12.

Other handicrafts.

B.

Permit requirement. Use Permit approval, in compliance with Chapter 22.48 (Conditional Use Permits), is required for a cottage industry. During review of the application, the Zoning Administrator shall consider the adequacy of on- and off-site parking, the degree and intensity of any proposed retail sales, and shall first find that the proposed cottage industry would not result in any adverse impacts on the neighborhood.

C.

Equipment, noise. Approved cottage industries may use mechanical equipment or processes as necessary, provided that no noise shall be audible beyond the property line of its site.

D.

Employees. A cottage industry established in a dwelling or a detached accessory structure may have employees as authorized by the review authority, provided the number of employees does not exceed limitations established in an adopted community or specific plan.

E.

Other codes. Cottage industries shall comply with all applicable health, sanitary, and fire codes, and shall obtain a County Business License.

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

In ARP zoning districts, either a Temporary Use Permit or a Conditional Use Permit is required for Educational Tours if the hosting property is accessed by a privately maintained road or roads that provide access to a total of three or more residentially developed properties. Either a Conditional Use Permit or a Temporary Use Permit is sufficient to allow the operation, and it is up to the applicant's discretion to choose which to obtain, provided that a maximum of two Educational Tours can be permitted under a single Temporary Use Permit.

(Ord. No. 3706, 2019)

This Section provides for the creation and protection of floating home marinas in pleasing and harmonious surroundings, through the control of water coverage, vessel spacing, and height of structures, with emphasis on usable public access to the shoreline.

A.

Allowed uses. In addition to floating homes, the following accessory uses may be allowed subject to appropriate conditions in floating home marinas:

1.

Car washing facilities, for residents only;

2.

Chapel;

3.

Coin-operated laundry and dry cleaning facilities, for residents only;

4.

Management office and maintenance equipment storage;

Noncommercial recreation, meeting halls, club houses, etc.;

6.

Overnight accommodations, for guests of residents;

7.

Storage facilities, for residents only;

8.

Vending machines, for residents only; and

9.

Any other use which is clearly incidental and subordinate to the primary use.

B.

Allowed accessory uses - Large marinas. In floating home marinas of over 200 homes, the following accessory uses may be allowed in addition to the uses listed in Subsection A, above:

1.

Convenience goods shopping and personal service establishments, primarily for residents only; and

2.

One doctor's and one dentist's office.

C.

Standards and criteria. The following standards shall apply to the location, development, and maintenance of floating home marinas:

1.

Open water. At least 50 percent of the total water area proposed for the floating home marinas shall be open water. The balance of the water area shall be used exclusively for floating homes and ramps or exit ways.

2.

Spacing. The minimum distance between adjoining floating homes shall be six feet. This distance shall be increased to ten feet if either of the floating homes is in excess of one story. Each floating home shall abut a fairway with access to open water. The minimum width of the fairway shall be 35 feet.

3.

Type of unit. Not more than one dwelling unit per vessel shall be allowed.

4.

Required findings. Marina approval shall require findings that the area is of sufficient size, type, location and has special features (e.g., access to public transportation and shopping facilities), which makes it a desirable residential area.

5.

Appearance. Particular emphasis shall be placed upon the view of the area from surrounding communities and protection of the water habitat.

6.

Adverse impacts. A floating home marina shall not be allowed if its presence creates adverse effects on surrounding communities or would be detrimental to water quality.

7.

Density. No more than ten vessels per acre shall be allowed.

D.

Other regulations and ordinances. All pertinent County, State, and Federal laws and regulations concerning the development and operation of floating home marinas shall be observed. Nothing in this Section shall be construed to abrogate, void or minimize other pertinent regulations.

(Ord. No. 3577, 2012)

This Section provides standards for the floating homes that may be located within floating home marinas.

A.

Permit requirement. No person shall, without first securing a permit from the County, move, locate, relocate, transport, or dock a floating home within the unincorporated area of the County.

B.

Standards and criteria. The following standards apply to floating homes, in addition to those contained in Title 19 (Buildings) of the County Code:

1.

Floating home size limitations. Floating homes shall not exceed the following maximum dimensions, except where a Master Plan establishes different dimensional standards or a Floating Home Exception is approved in compliance with Chapter 22.46 (Floating Home Exceptions). Floating homes may vary from the dimensional standards established by a Master Plan with Floating Home Exception approval. Maximum dimensions for length and width shall include the barge or other floatation structure.

a.

Floor area: The floor area of any story above the lowest story of the superstructure shall not exceed 80 percent of the story immediately below the second story.

b.

Height: 16 feet, measured from the water line at high tide or while the floating home is floating. (See Figure 3-28.)

c.

Length: 46 feet.

d.

Width: 20 feet.

FIGURE 3-28

FLOATING HOME HEIGHT LIMITATIONS

==> picture [432 x 263] intentionally omitted <==

2.

Mooring. All vessels shall be securely and safely moored to ensure that the required space between floating homes is maintained at all times, in compliance with Section 22.32.070.C (Floating Home Marinas - Standards and Criteria). Vessels shall be moored to provide a clear waterway projection between adjoining boats or floating homes of at least six feet on all sides. A clearance of 10 feet shall be maintained when either floating home is in excess of one story in height. These requirements shall not apply between the vessel and the walkway or slip. See Figure 3-29.

Vessels shall be moored so as to allow landward vessels unlimited access. When used, mooring lines shall be of sufficient strength and be installed in a manner that will prevent the floating home from moving more than 12 inches in any lateral direction.

FIGURE 3-29

==> picture [384 x 287] intentionally omitted <==

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019)

22.32.080 - Reserved.

Editor's note— Ord. No. 3666, § II(exh. A), adopted March 14, 2017, repealed § 22.32.080, which pertained to group homes and residential care facilities and derived from Ord. No. 3577, adopted Jan. 24, 2012.

22.32.085 - Single Room Occupancy (SRO).

The standards of this Section shall apply to Single Room Occupancy residential structures (SROs).

A.

Permitted use, zoning districts. Where allowed by Article II (Zoning Districts and Allowable Land Uses), Single Room Occupancy (SROs) shall comply with the standards of this Section.

B.

Permit requirements. Design Review approval, in compliance with Chapter 22.42 (Design Review), is required for SROs. The following additional findings shall apply.

C.

Standards.

1.

Density. The residential density of SROs may be allowed up to, but no more than, 30 dwelling units per acre. For the purposes of this calculation, each studio apartment shall be considered one unit.

2.

Design Characteristics. An SRO structure shall be subject to the Multi-Family Residential Design Guidelines.

3.

Rental limitations. SRO rents shall be limited to affordable housing, as defined in Article VIII (Development Code Definitions).

(Ord. No. 3602, § II(exh. A), 2013)

Editor's note— Ord. No. 3666, § II(exh. A), adopted March 14, 2017, repealed § 22.32.090, which pertained to guest houses and derived from Ord. No. 3577, adopted Jan. 24, 2012.

This section establishes standards for the County review of homeless shelters, in conformance with State law.

A.

Applicability. Where allowed by Article II (Zoning Districts and Allowable Land Uses), homeless shelters shall comply with the standards of this Section. Homeless shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

B.

Permit requirement. The use of a homeless shelter shall require the ministerial approval of a Homeless Shelter Permit by the Director, in compliance with Chapter 22.59 (Homeless Shelter Permits), if it complies with the standards of Section 22.32.095.C.

C.

Standards.

1.

A homeless shelter shall not provide more than a maximum of 40 beds or serve 40 persons total.

The number of parking spaces required on-site for residents shall be based on 25% of the total beds and staff parking shall be the total number of beds divided by ten.

3.

Shelters shall provide five square feet of interior waiting and client intake space per bed. Waiting and intake areas may be used for other purposes as needed during operations of the shelter.

4.

Management. On-site management must be provided during hours of operation.

5.

Proximity to other emergency shelters. Emergency shelters shall be at least 300 feet apart.

6.

Maximum length of stay. Maximum of six months.

(Ord. No. 3577, 2012)

The following provisions allow for home occupations that are secondary to a residential use, and compatible with surrounding uses. A "Home Occupation" is any use customarily conducted entirely on properties where residences are authorized and carried on only by its residents.

A.

Permit requirement. A business license shall be obtained/posted in compliance with Title 5, Chapter 5.54 (Business Licenses) of the County Code for home occupations, which are allowed as accessory uses in all residential zoning districts. Home occupations shall comply with all health, sanitary, and fire codes.

B.

Operating standards. Home occupations shall comply with all of the following operating standards:

1.

Accessory use. The home occupation shall be clearly secondary to the full-time residential use of the property, and shall not cause noise, odors, and other activities not customarily associated with residential uses.

2.

Visibility. The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity be visible from the adjoining public right-of-way or from neighboring properties.

3.

Display, signs. There shall be no window display or advertising sign(s), other than one name plate not exceeding one square foot in area. There shall be no display of merchandise or stock in trade or other identification of the home occupation activity on the premises.

4.

Parking. The use shall not impact the on-street parking in the neighborhood.

5.

Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials unless specifically approved by the County Fire Department, in compliance with Title 16 (Fire) of the County Code.

6.

Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the Director.

7.

Employees. A home occupation may have a maximum of one nonresident employee, and may only exceed this number with a Conditional Use Permit, in compliance with Chapter 22.48.

C.

Prohibited home occupation uses. The following are examples of uses that are not incidental to or compatible with residential activities, and are therefore prohibited as home occupations:

1.

Adult businesses;

2.

Dance or night clubs;

3.

Mini storage;

4.

Storage of equipment, materials, and other accessories for the construction and service trades;

5.

Vehicle repair (body or mechanical), upholstery, automobile detailing and painting;

Welding and machining;

7.

Any use which generates more than one client appointment at a time; and

8.

Any other use not incidental to or compatible with residential activities as determined by the Director.

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

This Section applies to areas set aside for mobile home parks in locations that are properly integrated with adjoining neighborhoods, in a way which will ensure the optimum benefit of residents of the mobile home park and of the larger community.

A.

Allowable uses. Mobile home parks may include the primary uses normally associated with a mobile home park. The following accessory uses may be established in compliance with the applicable standards of this Development Code:

1.

Car washing facilities, for residents, only;

2.

Chapel;

3.

Coin-operated laundry and dry cleaning facilities, for residents;

4.

Home occupations;

5.

Management office and maintenance equipment storage;

6.

Noncommercial recreation, meeting halls, club houses, etc.;

7.

Overnight accommodations, for guests of residents;

8.

Storage facilities, for residents, only;

9.

Vending machines, for residents, only; and

10.

Any other use determined by the Director to be clearly incidental and subordinate to the primary use.

B.

Large parks. The following additional accessory uses may be allowed in a mobile home park with over 200 mobile homes:

1.

Convenience goods shopping and personal service establishments primarily for residents, only; and

2.

One doctor's and one dentist's office.

C.

Standards and criteria. Mobile home parks shall comply with the following standards:

1.

Minimum site area: Ten contiguous acres.

2.

Maximum density.

a.

The maximum density for a mobile home park in the RX zoning district shall be set by the Board as part of rezoning to the RX district and simultaneous Master Plan approval (see Section 22.32.110.D (Submission Requirements), below), but shall not exceed the density provided by Section 22.32.110.C.2.b, below.

In determining the appropriate density, the Board shall consider any adopted Community Plan or the Countywide Plan, any Master Plan for the area in which the RX zoning district is to be established, existing zoning and development in the area, and any applicable parcel slope.

b.

Maximum density, determined by Master Plan approval, shall not exceed ten mobile homes of 750 square feet or less in gross floor area per acre or eight mobile homes of more than 750 square feet in gross floor area per acre; or a combination of both.

3.

Completion of construction. Prior to occupancy of the first mobile home, not less than 50 mobile home lots shall be prepared and available for occupancy.

4.

Parking requirements. The overall parking ratio shall be two parking spaces for each mobile home lot. At least one parking space shall be provided on, or immediately adjoining to, each mobile home lot, in compliance with Sections 24.04.330 through 24.04.400 (Parking and Loading) of the County Code.

5.

Setbacks. All structures and mobile homes shall be set back at least 25 feet from all property lines and streets or public rights-of-way. If a greater building line has been established by ordinance, it shall be observed. The setback area shall be landscaped and maintained as a buffer strip, in compliance with Chapter 22.26 (Landscaping).

6.

County Health requirements. A County Health Department permit shall be obtained in compliance with Chapter 7.44 (Mobile Home Parks) of the County Code.

7.

Utilities. All utilities shall be installed underground. Individual exposed antennae shall not be allowed.

8.

Height limits. The maximum height for:

a.

Mobile homes shall be 15 feet;

b.

Accessory structures shall be 15 feet; and

c.

Service facilities shall be 30 feet.

D.

Submission requirements. In addition to the general submission requirements for Master Plan and Precise Development Plan approval, in compliance with Chapter 22.44 (Master Plans and Precise Development

Plans), a petition for a zoning district change for an RX district and a Master Plan for the mobile home park shall be filed simultaneously with the Agency.

For the purpose of this Section, the rezoning and the Master Plan shall be considered as one application and shall be considered in compliance with Chapter 22.116 (Development Code, Zoning Map, Community Plan and Countywide Plan Amendments).

E.

Other laws, regulations and ordinances. All applicable County and State laws and regulations concerning the development and operation of mobile home parks shall be observed. Nothing contained in this Section shall be construed to abrogate, void, or minimize other pertinent requirements of law.

(Ord. No. 3577, 2012)

This Section applies only in those instances where Table 2-1 expressly refers to this Section. The purpose of applying the following standards is to determine whether a specific non-agricultural land use is accessory and incidental to the primary use of land for agricultural production. The intent of these provisions is to ensure that non-agricultural uses do not become the primary use of agricultural land to the detriment of agricultural production:

A.

Permitted use, zoning districts. Non-agricultural uses may be allowed as a principally permitted land use in the following zoning districts: A2, A3 to A60, ARP, C-ARP, C-APZ, O-A, and C-OA, and as allowed by Articles II (Zoning Districts and Allowable Land Uses) and V (Coastal Zone Development and Resource Management Standards) subject to the requirements of this section. This Section does not apply to ARP-1 to ARP-5 zoning districts.

B.

Limitations on use.

1.

Accessory Use. In the aggregate, identified non-agricultural uses shall be accessory and incidental to the primary use of the property for agricultural production. The following factors shall be considered in determining whether a property is used primarily for agricultural production:

a.

The primary use of the property is consistent with the definition of agriculture; and

b.

The agricultural products produced on-site are sold commercially.

Referrals. In determining whether a non-agricultural use is accessory and incidental to the primary use of the property for agricultural production, the review authority may refer such a question to such individuals or groups with agricultural expertise as appropriate for a recommendation prior to making a determination. When determining whether a property is primarily used for agricultural production, the review authority may consider the following:

a.

Whether the areal extent of land dedicated to agriculture is sufficient to support agricultural production; and

b.

Whether the agricultural producer can demonstrate that agricultural products are sold commercially; and

c.

Whether the agricultural land is used at a level of intensity that is, and the income derived therefrom is, consistent with similar agricultural activities in the County and in the State.

(Ord. No. 3577, 2012)

There are two categories of Accessory Dwelling Units, both with different criteria that apply as indicated below. Except as provided under State law, an Accessory Dwelling Unit may not be sold or otherwise conveyed separately from the primary dwelling unit. Category 1-Statewide Exemption Accessory Dwelling Units can be rented only for terms longer than 30 consecutive days.

A.

Category 1—Statewide Exemption. Accessory Dwelling Units in this category shall comply with the criteria listed below.

1.

Single-family Development:

a.

Consistent with State law, the Accessory Dwelling Unit is contained entirely within the building area of an existing single family dwelling.

b.

Consistent with State law, the Accessory Dwelling Unit is contained entirely within the building area of an existing outbuilding; except that the project may include an addition of not more than 150 square feet of floor area to provide access to the unit, provided the access addition meets minimum rear and side setbacks of four feet.

c.

The Accessory Dwelling Unit does not exceed a floor area of 800 square feet, and has minimum rear and side yard setbacks of four feet; a front yard setback is not required. A detached Accessory Dwelling Unit shall not exceed a height of 18 feet above grade except that two additional feet may be allowed to match the roof pitch of the primary dwelling. An attached Accessory Dwelling Unit shall not exceed the maximum height allowed in the respective zoning district or 25 feet above grade, whichever is greater.

d.

Up to two Category 1 accessory dwelling units are allowed provided that: (1) one unit is either located in an existing or proposed single family dwelling or an existing outbuilding; and (2) one unit is located in a new construction outbuilding.

2.

Multi-family Development:

a.

Up to two detached Accessory Dwelling Units are allowed provided each unit does not exceed a floor area of 800 square feet, maintains a maximum height of 18 feet above grade and minimum side and rear yard setbacks of four feet; a front yard setback is not required.

b.

Consistent with State law, multiple Accessory Dwelling Units are allowed to be built within those portions of the existing building area of a multi-family dwelling building that are not conditioned to be habitable, such as boiler rooms, storage rooms, passageways, attics, basements, and garages.

c.

At least one Accessory Dwelling Unit is allowed to be built within a multi-family dwelling building, with the maximum allowed in multi-family dwelling buildings of five units or more being 25 percent of the total existing legal units.

An Accessory Dwelling Unit that satisfies all the applicable criteria listed above shall be classified as a Category 1 Accessory Dwelling Unit.

B.

Category 2—Permit. Accessory Dwelling Units in this category shall comply with the criteria listed below and shall be subject to Accessory Dwelling Unit Permit approval.

1.

An attached Accessory Dwelling Unit contained entirely within an addition to an existing single family residence, or contained partially within a single family residence and partially within an addition to that residence, shall not exceed 50 percent of the floor area of the existing residence, provided it does not exceed the allowable floor area ratio or 1,200 square feet in floor area, whichever is more restrictive.

However, a one bedroom unit that is up to 850 square feet shall be allowed and a two or more bedroom unit that is up to 1,000 square feet shall be allowed, notwithstanding any floor area restrictions.

2.

A detached Accessory Dwelling Unit shall not exceed a floor area of 1,200 square feet provided it would not exceed the allowable floor area ratio. However, a detached one bedroom unit that is up to 850 square feet shall be allowed and a detached two or more bedroom unit that is up to 1,000 square feet shall be allowed, not withstanding any floor area restrictions.

3.

An Accessory Dwelling Unit in a conventional zoning district shall comply with all development standards for that district and is located within any applicable building envelopes. However, a one bedroom unit that is up to 850 square feet shall be allowed and a two or more bedroom unit that is up to 1,000 square feet shall be allowed, notwithstanding any floor area restrictions.

4.

An Accessory Dwelling Unit in a Planned zoning district shall comply with all the development standards for the R1:B3 zoning district, except that a numerical development restriction established by a Master Plan shall govern where applicable, and the unit shall be located within any applicable building envelopes. However a one bedroom unit that is up to 850 square feet shall be allowed and a two or more bedroom unit that is up to 1,000 square feet shall be allowed, notwithstanding any floor area restrictions.

An Accessory Dwelling Unit that satisfies all the applicable criteria listed above shall be classified as a Category 2 Accessory Dwelling Unit.

(Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3806, § II(exh. A), 2023)

A property owner may voluntarily have existing building area recognized as a Junior Accessory Dwelling Unit if it meets all of the following eligibility criteria:

A.

The unit shall be no more than 500 square feet in size and contained entirely within a single-family dwelling structure.

B.

The unit shall have a kitchenette but shall not have a kitchen.

C.

The unit shall have a separate entrance from the main entrance to the building, with an interior entry to the main living area if the unit does not contain a separate bathroom. The unit may include a second interior doorway for sound attenuation.

D.

The unit shall be the only junior accessory dwelling unit on the property.

E.

The property shall be owner occupied, except that owner occupancy is not required if the owner is a government agency, land trust, or housing organization.

F.

The property owner has recorded a deed restriction, which shall run with the land, that stipulates the following:

1.

A prohibition on the sale of the unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

2.

A restriction on the size and attributes of the unit that conforms to this section.

A copy of the recorded deed restriction must be provided to the agency.

(Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3806, § II(exh. A), 2023)

When allowed in the zoning district applicable to a site, see Section 22.10.030 (Residential District Land Uses and Permit Requirements), specific residential accessory uses and structures are subject to the provisions of this Section. Residential accessory uses include any use customarily related to a residence, including swimming pools, workshops, studios, storage sheds, greenhouses, and garages.

A.

General requirements. All residential accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this Section for specific uses.

1.

Relationship of accessory use to primary use. Residential accessory uses and structures shall be incidental to the primary or conditionally permitted use. Accessory uses and structures shall not be allowed until a primary or conditionally permitted use or structure has been established on the site, except as provided for in section 22.20.120.

2.

Attached structures. A residential accessory structure that is attached to a primary structure shall comply with all requirements of this Development Code applicable to the primary structure, including setbacks,

height, and floor area ratio.

B.

Tennis and other recreational uses. Private non-commercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use may be established with Design Review approval, in compliance with Chapter 22.42, and are subject to the following requirements:

1.

Fencing. Court fencing shall be subject to the height limits of Section 22.20.050 (Fencing and Screening Standards).

2.

Lighting. Court lighting may be prohibited, as a condition of the Design Review approval. If allowed, the court lighting may be installed with a height not exceeding 10 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property.

C.

Vehicle storage. The storage of vehicles, including incidental restoration and repair, shall be in compliance with Section 22.20.090.F (Restrictions on the Use of Front Yard Setbacks in Residential Districts), and Chapter 7.56 (Abandoned Vehicles) of the County Code.

D.

Workshops or studios. A residential accessory structure intended for engaging in artwork, crafts, handcraft manufacturing, mechanical work, etc. may be constructed or used as a workshop or studio in a residential zoning district solely for: non-commercial hobbies or amusements; maintenance of the primary structure or yards; artistic endeavors (e.g., painting, photography or sculpture); maintenance or mechanical work on vehicles owned or operated by the occupants; or other similar purposes.

Any use of accessory workshops for a commercial activity shall comply with the requirements for Home Occupations in Section 22.32.100 (Home Occupations) or, where applicable Cottage Industries in Section 22.32.060 (Cottage Industries).

E.

Room rentals. Room rentals in single family dwellings shall be limited to three or fewer individual bedrooms.

F.

Residential Accessory Dwelling Units. Residential Accessory Dwelling Units are subject to section 22.32.120 (Residential Accessory Dwelling Units) and Chapter 22.56 (Accessory Dwelling Unit Permits) of this Development Code.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019)

Editor's note— Ord. No. 3666, § II(exh. A), adopted March 14, 2017, repealed § 22.32.140, which pertained to residential second units and derived from Ord. No. 3577, adopted Jan. 24, 2012.

This section applies to development projects that include new non-residential floor area where the underlying zoning district allows residential uses.

A.

Development standards.

1.

Consistent with Government Code Section 6589.5(h)(2)(B), mixed-use developments shall designate at least two-thirds of the square footage to residential use.

2.

For mixed-use developments, the commercial component of the development shall be subject to the floor area ratio standard while the residential component shall be subject to density standards.

3.

Required housing shall be provided at a minimum size of 220 square feet and a maximum size of 1,000 square feet per unit.

4.

The maximum residential density shall not exceed one unit per 1,450 square feet of lot area (30 units per acre).

5.

The affordable housing requirements contained in Chapter 22.22 (Affordable Housing Regulations) apply to proposed development.

B.

Permit requirement. Residential development required in commercial areas is subject to Chapter 22.42 (Design Review). The following additional findings shall apply:

1.

The site design is compatible with the adjacent community and incorporates design elements such as vertical mix of uses and usable common/open space areas, where appropriate.

The residential uses should be designed and sited in a manner that does not conflict with the continuity of store frontages, while maintaining visual interest and a pedestrian orientation.

C.

Exemptions.

1.

For lots larger than two acres in size, renovations and additions not resulting in more than 2,000 square feet of new floor area shall be exempt from the requirements of this section.

2.

For lots two acres and less in size, renovations and additions not resulting in more than 1,000 square feet of new floor area shall be exempt from the requirements of this section.

3.

Projects developed under the Countywide Plan's Housing Overlay Designation program are subject to separate standards established in the Countywide Plan and are therefore exempt from the requirements of this section.

4.

The residential requirements are only applicable to the extent that the projected afternoon (PM) peak-hour traffic impacts of the proposed development shall not be greater than such impacts for the maximum nonresidential development permissible on the site under the Countywide Plan land use designation.

D.

Waivers. The review authority may grant a waiver to the development standards if one or more of the following criteria is met:

1.

The applicant shows that the waiver is necessary to make the neighborhood serving retail development project economically viable, based upon appropriate financial analysis and documentation. The full cost of the county's review of any required pro forma data shall be borne by the applicant.

2.

The applicant proposes to include either a greater number of affordable housing units than required per Chapter 22.22 or the same number of required units that are affordable at a lower income level.

3.

Application of requirements of this Chapter would have an adverse impact on any real property that is listed in the California Register of Historic Resources.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3819, § I(exh. A), 2024)

The retail sales of food and beverage products and other general merchandise in conjunction with a motor vehicle service station is allowed subject to Use Permit approval, in compliance with Chapter 22.48 (Conditional Use Permits), and the following standards:

A.

Sales area. The maximum allowable floor area for retail sales shall be 175 square feet or 15 percent of the total floor area of the structure whichever is greater. These area limitations may be increased through Use Permit approval provided that the following findings are made:

1.

Retail sales shall be subordinate to the primary motor vehicle service station use(s).

2.

The proportion of retail sales to total floor area of the structure(s) shall be limited to an amount that is reasonable to allow sales of a limited number of items for the convenience of travelers as permitted by Subsection B, below.

3.

The size, extent and operation of retail sales shall not conflict with the predominant character of the area surrounding the service station.

4.

The size, extent, and operation of retail sales shall not cause a significant increase in traffic and noise in the area surrounding the service station.

B.

Allowed products. Retail sales of non-automotive products shall be limited to items for the convenience of travelers, including film, personal care products, and packaged food and beverage items.

C.

Signs. No exterior signs are allowed to advertise specific items for sale. All on-site signs shall be in compliance with Chapters 22.28 (Signs) and Title 5, Chapter 5.40 (Posting of Gasoline Prices) of the County Code.

D.

Parking. On-site parking shall comply with Sections 24.04.330 through 24.04.400 (Parking and Loading) of the County Code, and shall include sufficient spaces for all employees on a single shift.

E.

Restrooms. Restrooms shall be provided and available to the public.

F.

Self-service stations. Establishment of self-service stations or the conversion of existing full-service stations to self-service stations shall require an additional finding by the Zoning Administrator, that the establishment of a self-service station will not adversely affect public health, safety, and welfare by either diminishing the availability of minor emergency help and safety services, including minor motor vehicle repair and public restrooms, or discriminating against individuals needing refueling assistance.

(Ord. No. 3577, 2012)

This Section establishes standards for the operations of mobile slaughter facilities for commercial purposes.

A.

Limitations on use. Mobile slaughter facilities shall be allowed only where a primary permitted or conditionally permitted agricultural use exists and is operational on the lot.

B.

Setback requirements. Mobile slaughter facilities shall be set back a minimum of 100 feet from all property lines and rights-of-way.

C.

Limitations on duration. A mobile slaughter facility shall not operate on a single property for more than three consecutive days per week and 12 days per calendar month unless authorized to exceed this duration with a Temporary Use Permit.

(Ord. No. 3666, § II(exh. A), 2017)

This Section establishes standards for the operations of poultry processing facilities to slaughter poultry, including rabbits, for commercial purposes.

A.

All poultry slaughtered must have been raised on the same site as the facility or on other agricultural properties located in Marin County that are owned or leased by the processing facility owner or operator.

B.

The indoor area used for the poultry slaughter operation shall not exceed of 5,000 square feet.

C.

The poultry processing operation shall not exceed the slaughter of 20,000 animals per year.

(Ord. No. 3666, § II(exh. A), 2017)

This Section establishes permit requirements and standards for the development and operations of telecommunications facilities to the extent permitted by State and Federal law and in compliance with the Marin County Telecommunications Facility Policy Plan except where the Marin County Telecommunications Facility Policy Plan conflicts with this Section, State law, or Federal law. If conflict occurs between the requirements of the Marin County Telecommunications Facility Policy Plan and this Section, State law, or Federal law, the requirements of this Section, State law, or Federal law shall control.

A.

Permit requirements. Telecommunications facilities are allowed in all zoning districts, subject to the permit requirements described in Telecommunications Facilities Policy Plan Implementation Objectives RP-1 and RP-2 with the following exceptions:

1.

An eligible facility request for a modification to an existing wireless tower or base station that does not include a substantial change to the tower or base station's physical dimensions shall not require discretionary review and shall be approved.

2.

Applications for eligible facility requests shall only be required to provide documentation that is reasonably related to determining whether the request is consistent with Federal requirements for eligible facility requests.

B.

Permit waivers. A wireless telecommunications facility may be eligible for a waiver of the permit requirements described in Telecommunications Facilities Policy Plan Implementation Objectives RP-1 and RP-2. Permit waivers are separate from the permit exemptions identified in the Telecommunications Facilities Policy Plan and are not required for eligible facility requests described in Subsection A.1. It is the responsibility of the applicant to establish evidence in support of the waiver criteria required by this section. The Director shall waive the permit requirements if a facility is co-located on or adjoining an existing telecommunications facility; the existing telecommunication facility has a certified environmental impact report or adopted negative declaration or mitigated negative declaration; the existing facility has incorporated the required mitigation measures; and the new equipment or structures do not constitute a substantial change in the project or new information as outlined in Public Resources Code Section 21166.

C.

Permit review. Permit applications for telecommunications facilities shall be reviewed as follows:

1.

Eligible facility requests described in Subsection A.1 shall be approved within 60 days of application filing unless the applicant and the County mutually agree to additional time or the County provides notice to the applicant in writing within 30 days of the initial filing that identifies the application as incomplete and specifically delineates all missing information. Completeness reviews for subsequent submittals shall be based solely on the applicant's failure to supply the missing information identified within 30 days of initial filing. The County shall review subsequent submissions within 10 days for completeness. Determination of incompleteness tolls or temporarily stops the 60 day time limit.

2.

All other telecommunications facilities applications shall be approved or denied within 150 days of application filing and shall be processed as required by the California Government Code. Determination of incompleteness tolls or temporarily stops the 150 day time limit.

3.

If a decision on a telecommunication facility application is not issued in conformance with the timelines referred to in this section, then that application is deemed denied by operation of Federal law. Otherwise, if a telecommunications facilities application is denied, the reason(s) for denial shall be in writing and supported by substantial evidence. Reason(s) for denial shall be provided at essentially the same time as the denial.

D.

Electromagnetic fields. The electromagnetic field (EMF) strengths or equivalent plane-wave power densities generated by the approved facility, in combination with other existing ambient sources of EMF, shall not expose the general public to EMF levels which exceed the Maximum Permitted Exposure levels for electric and magnetic field strength and equivalent plane-wave power density in the EMF emission guidelines adopted by the Federal Communications Commission (FCC). In the event the FCC adopts a more restrictive Maximum Permitted Exposure Level, or the County adopts a more restrictive EMF exposure standard if allowed by future changes in Federal law, the applicant shall demonstrate compliance with the more restrictive standard unless such a requirement is preempted by State or Federal law.

E.

Development standards. The development standards for telecommunications facilities are identified in the policies and programs of the Marin County Telecommunications Facilities Policy Plan, as may be updated from time to time.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019)

This section applies to Master Plan, Design Review, Site Plan Review, and Tentative Map applications in tidelands.

A.

Prohibitions. It is unlawful for any person, firm, corporation, or public agency to allow, cause, or do any of the following on any of the tidelands without first obtaining any required land use permits from the County:

1.

Construct, deposit, or dump within, or fill with dirt, earth, garbage, mud, refuse, or any other material;

2.

Dredge, excavate, or remove any dirt, earth, gravel, mud, sand, or any other material; and/or

3.

Place or construct any breakwater, bulkhead, pier, wall, or other structure.

B.

Exemptions. The following shall be exempt from the provisions of this Section:

1.

Emergency work. Emergency work immediately necessary to prevent, or to minimize, imminent damage to land or improvements from floodwaters, as determined by the Director. The emergency work shall be reported to the Agency, on the next business day following commencement of the work, and confirmed in writing, within 10 days after the start of the work;

2.

Maintenance of existing legal structures. Any maintenance work to legal structures which existed prior to the effective date of this Development Code;

3.

Minor/incidental work. Any structure, fill, or excavation of the tidelands which the Director finds to be minor or incidental, including maintenance dredging;

4.

Work approved by land use permit. Any structure, fill, or excavation which has been approved as part of an application, action or permit by the Director, Zoning Administrator, Commission, or Public Works Director;

5.

Work behind secured existing dikes. Any structure, fill, or excavation which is behind secured dikes, and which is normally not subject to tidal action by virtue of the dike, or which is only temporarily under tidal action due to defective tide gates; and

6.

Creeks, estuaries and rivers. Any structure, fill or excavation in creeks, estuaries, and rivers that are subject to tidal action and located upstream from certain defined points, as follows:

a.

Coyote Creek: State Highway No. 1 Bridge; and

b.

Corte Madera Creek: Downstream end of concrete channel.

C.

Criteria for Tidelands Development. The Review Authority may only approve or conditionally approve a land use permit for tidelands development in conformance with all of the following criteria:

1.

The encroachment into the tidelands is the minimum necessary to achieve the intent of this Section and the purpose of the proposed work.

2.

The proposed fill, excavation, or construction will not unduly or unnecessarily:

a.

Inhibit navigation;

b.

Inhibit access to publicly owned tidelands;

c.

Cause, or increase the likelihood of, water pollution;

d.

Cause, or increase the likelihood of, flooding of adjoining parcels;

e.

Destroy, or accelerate the destruction of, habitats essential to species of fish, shellfish, and other wildlife of substantial public benefit;

f.

Interfere with, or detract from, public viewsheds toward the water, particularly on natural features of visual prominence;

g.

Conflict with the scenic beauty of the shoreline due to bulk, mass, color, form, height, illumination, materials, or the extent and design of the proposed work;

h.

Create a safety hazard in connection with settlement of fill or earthquakes; or

i.

Reduce natural waterways by eroding banks, or causing sedimentation or siltation.

3.

The proposal is consistent with public trust policies for tidelands areas.

4.

New public benefits will be created offsetting some of the impacts that may be caused by implementation of the proposal; however, this criterion is not applicable when either of the following circumstances exists:

a.

The application covers lands wholly above the mean high tide; or

b.

The size or potential uses of the parcel are so limited that creation of a new public benefit would be infeasible, and where the amount and effect of structures, fill, or excavating, are minimal.

5.

These public benefits may be realized when one or more of the following are included in the proposed development application:

a.

Development of new recreational opportunities;

b.

Provision of new public access to the water;

c.

Enhancement of shoreline appearance;

d.

Establishment of water transportation;

e.

Facilities for land or air transportation, where all other alternatives have been exhausted;

f.

Construction of water-oriented industry or development of marine food supplies;

g.

Habitat replacement and restoration; or

h.

Other benefits considered by the Review Authority to be of comparable importance.

6.

The proposed fill, excavation, or construction will not adversely affect the existing public rights on the property.

(Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3745, § 1(exh. A), 2021)

This Section establishes permit requirements and standards for the development and operation of tobacco retail establishments.

A.

Permit requirements. Notwithstanding any provision of this title, a significant tobacco retailer may be established in the following zoning districts subject to securing a Use Permit or Master Plan where required: C1, CP, OP, H1, IP, C-H1, or C-CP.

B.

Development standards. No significant tobacco retailer shall be located within 1,000 feet from a parcel occupied by the following uses:

1.

Public or private kindergarten, elementary, middle, junior high or high schools;

2.

Licensed child day-care facility or preschool other than a small or large family day-care home;

3.

Public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts);

4.

Youth or teen center;

Public community center or recreation center;

6.

Arcade;

7.

Public park;

8.

Public library; or

9.

Houses of worship conducting youth programs or youth oriented activities.

C.

Exceptions. Notwithstanding any other provisions of this Code, nothing in this section shall prohibit the County from approving any of the uses specified above in Subsection B, if they are subsequently proposed to be located within 1,000 feet of an existing significant tobacco retailer, if the appropriate decision-making body finds that the establishment of such uses is necessary to protect the public, health, safety, and welfare, or other substantial governmental interest is thereby served.

(Ord. No. 3577, 2012)

This Section establishes permit requirements for planned zoning districts and non-planned zoning districts and standards for the development and operation of Wind Energy Conversion Systems (WECS) in compliance with Marin County policies and State and Federal laws and allows and encourages the safe, effective, and efficient use of WECS in order to reduce consumption of utility supplied electricity.

A.

Permit requirements. Small and Medium Wind Energy Conversion Systems (WECS) are allowed in all zoning districts, except the RF (Floating Home Marina) zoning district, subject to the following general requirements. Large WECS are allowed only in agricultural zoning districts (A3-A60, ARP, APZ) with a minimum lot size of 20 acres, subject to the following general requirements:

1.

Planned Zoning Districts.

a.

Small WECS in the APZ zoning district and Small Roof-Mounted and Small Non-Grid-Tied Agricultural WECS, located in parcels with a minimum lot size of one acre in the ARP zoning district and all other

planned zoning districts that are not identified in Section 22.32.180.A.1.b are allowed as a ministerial permit subject to the development standards in Section 22.32.180.B.1 and Section 22.32.180.B.5 (Table 3-12).

b.

Small Roof-Mounted and Small Non-Grid-Tied Agricultural WECS located in parcels that are less than one acre in the ARP zoning district and all other Small WECS in planned zoning districts that are not identified herein or in Section 22.32.180.A.1.a shall require Design Review approval subject to the development standards in Section 22.32.180.B.2 and Section 22.32.180.B.5 (Table 3-12).

c.

Medium WECS, located in planned zoning districts, shall require Design Review approval, subject to the development standards in Section 22.32.180.B.3 and Section 22.32.180.B.5 (Table 3-12).

d.

Large WECS, located in planned zoning districts, shall require the approval of a Master Plan and Precise Development Plan subject to the development standards and requirements outlined in Section 22.32.180.B.4 and Section 22.32.180.B.5, unless the Master Plan and Precise Development Plan requirements are waived in compliance with Section 22.44.040 (Waiver of Master Plan Amendment and Precise Development Plan Amendment) and a Use Permit and Design Review are required instead.

2.

Conventional Zoning Districts.

a.

Small WECS, located in conventional agricultural zoning districts and Small Roof-Mounted and Small NonGrid Tied Agricultural WECS located in parcels with a minimum lot size of one acre in conventional nonagricultural zoning districts, are allowed as a ministerial permit subject to the development standards outlined in Section 22.32.180.B.1 and Section 22.32.180.B.5 (Table 3-12).

b.

Small WECS, located in parcels that are less than one acre in all other conventional non-agricultural zoning districts and Small Freestanding WECS in conventional agricultural zoning districts that are not identified herein or in Section 22.32.180.A.2.a, shall require Design Review approval subject to the development standards outlined in Section 22.32.180.B.2 and Section 22.32.180.B.5 (Table 3-12).

c.

Medium WECS, located in conventional zoning districts, shall require Design Review approval subject to the development standards outlined in Section 22.32.180.B.3 and Section 22.32.180.B.5 (Table 3-12).

d.

Large WECS, located in conventional zoning districts, shall require Use Permit and Design Review approval subject to the development standards outlined in Section 22.32.180.B.4 and Section 22.32.180.B.5 (Table

3-12).

3.

Summary of Permit Requirements.

TABLE 3-11

WECS PERMIT REQUIREMENTS

Notes:

• 1 Exceptions to standards in Table 3-12 shall be considered through the Design Review Process.

• 2 Exceptions to standards in Table 3-12 shall be considered through the Use Permit Process.

• 3 If Master/Precise Development Plan requirement is waived, Use Permit and Design Review will be required.

• 4 Exceptions to standards in Table 3-12 shall be considered through the permit process.

4.

Time limits. The approval for a Large WECS shall be granted for a term of not less than ten years, except that an approval shall lapse if a Large WECS becomes inoperative or abandoned for a period of more than one year. The approval for a Small or Medium WECS shall be for an indefinite period, except that an approval shall lapse if a Small or Medium WECS becomes inoperative or abandoned for a period of more than one year.

5.

Applicability. In addition to the provisions of Section 22.32.180, all other applicable provisions of this Development Code shall apply to a new WECS land use. In the event there is any conflict between the provisions of this section and any other provision of this Development Code, the more restrictive provision shall apply.

6.

Meteorological towers (Met Towers). For the purpose of the Wind Energy Conversion System Ordinance, meteorological towers are those towers which have been temporarily installed to measure wind speed and directions plus other data relevant to siting WECS. Installations of temporary (up to one year) meteorological towers shall be considered through the Temporary Use Permit process pursuant to Chapter 22.50 (Temporary Use Permits).

B.

Development standards.

1.

Small WECS (Ministerial). A Building Permit for a Small WECS located in an agricultural zoning district pursuant to this Section shall be issued by the Agency Director upon submission of a Building Permit application containing the information specified in applicable sections of this Development Code and a determination by the Agency Director that the proposed use and development meets the development standards in Section 22.32.180.F and Sections 22.32.180.G.1, G.2, G.5, G.6, G.7, and G.9.a. Before issuance of a building permit, the County shall record a notice of decision against the title of the property stipulating that the WECS must be dismantled and removed from the premises if it has been inoperative or abandoned for a period of more than one year.

2.

Small WECS (Discretionary).

a.

Small WECS shall be subject to the development standards in Section 22.32.180.B.5 (Table 3-12). Exceptions to the standards in Section 22.32.180.B.5 (Table 3-12) for Small WECS shall be considered through the Use Permit process pursuant to Chapter 22.48 (Conditional Use Permits).

b.

Small WECS shall comply with the development standards and requirements contained in Section 22.32.180.C through Section 22.32.180.H.

3.

Medium WECS.

a.

Medium WECS shall be subject to the development standards in Section 22.32.180 B.5 (Table 3-12). Exceptions to the standards in Section 22.32.180 B.5 (Table 3-12) for Medium WECS shall be considered through the Use Permit process pursuant to Chapter 22.48 (Conditional Use Permits).

b.

Medium WECS shall comply with the development standards and requirements contained in Section 22.32.180.C through Section 22.32.180.H.

4.

Large WECS.

a.

Large WECS shall be subject to the development standards in Section 22.32.180.B.5 (Table 3-12). Exceptions to the standards in Section 22.32.180 B.5 for Large WECS shall be considered through the Master Plan process pursuant to Chapter 22.44 (Master Plans and Precise Development Plans) or Use Permit process pursuant to Chapter 22.48 (Conditional Use Permits).

b.

Prior to approval, Large WECS are subject to submittal of a comprehensive WECS Environmental Assessment prepared by a qualified consultant approved by the Marin County Environmental Coordinator. The WECS Environmental Assessment shall be prepared in consultation with the County to determine the development capabilities and physical and policy constraints of the property. The WECS Environmental Assessment shall include a mapped inventory and data base of the biological and physical characteristics of the project area. The WECS Environmental Assessment shall include a mapped delineation of the project site's sensitive environmental areas including, but not necessarily limited to: earthquake fault zones, geological hazardous areas, wetlands, watercourses and water bodies, prime agricultural lands, special status species habitats, prominent ridgelines, view corridors, and wind zones. The WECS Environmental Assessment shall include a Bird and Bat Study, as defined in Section 22.32.180.G.9. Based upon the findings, constraints, conclusions and recommendations of the WECS Environmental Assessment, specific requirements for siting and design shall be identified.

c.

Large WECS shall comply with the development standards and requirements contained in Section 22.32.180.C through Section 22.32.180.H.

d.

The maximum number of Large WECS that is allowed per parcel shall be established through the permit process.

5.

Development Standards are outlined in Table 3-12 below.

TABLE 3-12

WECS DEVELOPMENT STANDARDS

C.

Public notice. Where required, a Notice of the required application(s) shall be provided in compliance with Section 22.118.020 (Notice of Hearing or Administrative Action).

Notice of a discretionary permit application for any WECS within five miles of Federal, State, or regional park property shall be provided to the superintendent of the appropriate park.

D.

Site and design requirements:

1.

General standards. No Small, Medium, or Large WECS or supporting infrastructure shall be allowed:

a.

Within five times the total height or 300 feet, whichever is greater, of a known nest or roost of a listed State or Federal threatened or endangered species or California Department of Fish and Game designated bird or bat "species of special concern" (unless siting of the WECS preceded nest or roost establishment) based on the findings and conclusions of the required Bird and Bat Study as defined in Section 22.32.180.G.9 (Application submittal requirements).

b.

Within five times the total height or 300 feet, whichever is greater, of a known or suspected avian migratory concentration point based on the findings and conclusions of the required Bird and Bat Study as defined in Section 22.32.180.G.9.

c.

Within 1.5 times the total height or 100 feet, whichever is greater, of a Stream Conservation Area (SCA), a Wetlands Conservation Area (WCA), a State or Federal listed special status species habitat area, a designated archaeological or historical site, or a watercourse, wetland, pond, lake, bayfront area habitat island, or other significant waterbody with suitable avian habitat based on the findings and conclusions of Bird and Bat Study as defined in Section 22.32.180.G.9.

d.

Where prohibited by any of the following:

i.

The Alquist-Priolo Earthquake Fault Zoning Act.

ii.

The terms of any conservation easement or Williamson Act contract.

iii.

The listing of the proposed site in the National Register of Historic Places or the California Register of Historical Resources.

E.

Appearance and visibility. In addition to any conditions which may be required by Master Plan and Precise Development Plan or Design Review and Use Permit approvals, Small, Medium, and Large WECS shall comply with the following design standards:

1.

WECS shall be located downslope a minimum of 300 feet horizontally or 100 feet vertically, whichever is more restrictive, from a visually prominent ridgeline, unless it can be demonstrated through submittal of a County accepted Wind Measurement Study that no other suitable locations are available on the site. If this is the case, then the Wind Study will be one amongst all other standards that would be evaluated in considering whether and where the WECS application should be approved within the ridge setbacks.

2.

WECS shall be designed and located to minimize adverse visual impacts from public viewing places, such as roads, trails, scenic vistas, or parklands and from adjacent properties.

3.

No wind turbine, tower, or other component associated with a WECS may be used to advertise or promote any product or service. Brand names or advertising associated with any WECS installation shall not be visible from off-site locations. Only appropriate signs warning of the WECS installation are allowed.

4.

Colors and surface treatments, materials and finishes of the WECS and supporting structures shall minimize visual disruption. Exterior materials, surfaces, and finishes shall be non-reflective to reduce visual impacts.

5.

Exterior lighting on any WECS or associated structure shall not be allowed except that which is specifically required in accordance with Federal Aviation Administration (FAA) regulations. Wind tower and turbine lighting must comply with FAA requirements and be at the lowest intensity level allowed.

6.

WECS shall be located in a manner which minimizes their visibility from any existing Federal parklands.

7.

All new electrical wires and transmission lines associated with WECS shall be placed underground except for connection points to a public utility company infrastructure. This standard may be modified by the Director if the project area is determined to be unsuitable for undergrounding of infrastructure due to reasons of excessive grading, biological impacts, or similar factors.

8.

Construction of on-site access routes, staging areas, excavation, and grading shall be minimized. Excluding the permanent access roadway, areas disturbed due to construction shall be re-graded and revegetated to as natural a condition as soon as feasibly possible after completion of installation.

9.

All permanent WECS related equipment shall be weather-proof and tamper-proof.

10.

If a climbing apparatus is present on a WECS tower, access control to the tower shall be provided by one of the following means:

a.

Tower-climbing apparatus located no closer than 12 feet from the ground;

b.

A locked anti-climb device installed on the tower; or

c.

A locked, protective fence at least six feet in height that encloses the tower.

11.

WECS shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.

12.

Latticed towers shall be designed to prevent birds from perching or nesting on the tower.

13.

The use of guy wires shall be avoided whenever feasible. If guy wires are necessary, they shall be marked with bird deterrent devices as recommended by the U.S. Fish and Wildlife Service or the California Department of Fish and Game.

F.

Noise. Small, Medium, and Large WECS shall not result in a total noise level that exceeds 50 dBA during the daytime (7:00 a.m. to 10:00 p.m.) and 45 dBA during the nighttime (10:00 p.m. to 7:00 a.m.) as measured at any point along the common property lines of adjacent properties except during short-term events such as utility outages, severe weather events, and construction or maintenance operations, as verified by specifications provided by the manufacturer.

G.

Application submittal requirements. Small, Medium, and Large WECS permit applications shall include, but may not be limited to the following information:

1.

A plot plan of the proposed development drawn to scale showing:

a.

Acreage and boundaries of the property;

b.

Location of all existing structures, their use and dimensions within five times the height of the proposed WECS;

c.

Location within a distance of five times the total height of the proposed WECS of all wetlands, ponds, lakes, waterbodies, watercourses, listed State or Federal special status species habitats, habitat islands, and designated archaeological or historical sites;

d.

Location of all proposed WECS and associated structures, and their designated use, dimensions, and setback distances;

e.

Location of all areas to be disturbed by the construction of the proposed WECS project including access routes, trenches, grading and staging areas; and

f.

The locations and heights of all trees taller than 15 feet within five times the height of the proposed WECS and the locations, heights, and diameters (at breast height) of all tress to be removed.

2.

Elevations of the components of the proposed WECS.

3.

A description of the measures taken to minimize adverse noise, transmission interference, and visual and safety impacts to adjacent land uses including, but not limited to, over-speed protection devices and methods to prevent public access to the structure.

4.

A post-installation erosion control, revegetation, and landscaping plan.

5.

Standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code (UBC), the International Building Code (IBC) or the California Building Code and certification by a professional mechanical, structural, or civil engineer licensed by this state. However, a wet stamp shall not be required, provided that the application demonstrates that the system is designed to meet the UBC or IBC requirements for wind exposure D, the UBC or IBC requirements for Seismic Zone 4,

and the requirements for a soil strength of not more than 1,000 pounds per square foot, or other relevant conditions normally required by a local agency.

6.

A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.

7.

Written evidence that the electric utility service provider that serves the proposed site has been informed of the owner's intent to install an interconnected customer-owned electricity generator, unless the owner does not plan, and so states so in the application, to connect the system to the electricity grid.

8.

Wind Measurement Study. A wind resource assessment study, prepared by a qualified consultant approved by the Marin County Environmental Coordinator, may be required. The study shall be performed for a minimum six-month period during prime wind season, at the proposed site prior to the acceptance of an application. The study may require the installation of a meteorological tower, erected primarily to measure wind speed and directions plus other data relevant to appropriate siting. The study shall include any potential impacts on, or in conjunction with, existing WECS within a minimum of two miles of the proposed WECS site.

9.

Bird and Bat Study. Before issuance of County building or planning permit approvals:

a.

All WECS projects shall require the submittal of a Bird and Bat Study prepared by a qualified consultant approved by the Marin County Environmental Coordinator using the "California Guidelines for Reducing Impacts to Birds and Bats from Wind Energy Development" (California Energy Commission and California Department of Fish and Game), or any superseding State or Federal Guidelines, the State Natural Diversity Data Base, Partners in Flight Data Base, the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, and field data and counts from local environmental groups. The Bird and Bat Study shall identify any listed State or Federal threatened or endangered species, California Department of Fish and Game designated bird or bat "species of special concern," or raptors found to nest or roost in the area of the proposed WECS site. The study shall identify periods of migration and roosting and assess preconstruction site conditions and proposed tree removal of potential roosting sites. The Community Development Agency will maintain an inventory of all Bird and Bat Studies that are filed pursuant to the requirements of the WECS ordinance on the Agency's website. If the Bird and Bat Study for a proposed ministerial Small WECS project finds that there is a potential for impacts to any listed State or Federal threatened or endangered species or California Department of Fish and Game designated bird or bat "species of special concern" found to nest or roost in the area of the proposed WECS site, the project will become discretionary and require a Resource Management and Contingency Plan as described in Subsection G.9.b., below.

b.

Small, Medium, and Large WECS projects shall require the Bird and Bat Study to include a Resource Management and Contingency Plan to: (1) provide for pre-approval and post-construction monitoring and reporting; and (2) provide mitigation to reduce bird and bat mortality rates, if necessary.

10.

Visual Simulations. Visual simulations taken from off-site views, including from adjacent properties, as determined by the Community Development Agency shall be submitted showing the site location with the proposed WECS installed on the proposed site.

11.

Project-Specific Acoustical Analysis. A project-specific acoustical analysis may be required that would simulate the proposed WECS installation to assure acceptable noise levels and, if necessary, provide measures to comply with applicable County noise standards.

H.

Post approval requirements. Small, Medium, and Large WECS permit applications shall be subject to the following:

1.

A post-construction avian and bat monitoring program may be required of the owner during periods of nesting, roosting, foraging, and migration. The application of this requirement shall be in accordance with criteria established by a governmental agency, such as the U.S. Fish and Wildlife Service (USFWS) or the California Department of Fish and Game (CDFG), or by PRBO Conservation Science. The required monitoring program shall be conducted by a professional biologist or an ornithologist approved by the Marin County Environmental Coordinator. Monitoring protocol shall be utilized as set forth in the "California Guidelines for Reducing Impacts to Birds and Bats from Wind Energy Development" (California Energy Commission and California Department of Fish and Game). Operation of a WECS determined to be detrimental to avian or bat wildlife may be required to cease operation for a specific period of time or may be required to be decommissioned.

2.

Before issuance of a building permit, the owner/operator of any discretionary WECS shall enter into a WECS Decommissioning and Reclamation Plan and Agreement with the County, outlining the anticipated means and cost of removing the WECS at the end of its serviceable life or upon becoming a discontinued use if it remains inoperable for a period of more than one year. The owner/operator shall post suitable financial security as determined by the County in order to guarantee removal of any WECS that is nonoperational or abandoned. The plan must include in reasonable detail how the WECS will be dismantled and removed. The WECS must be dismantled and removed from the premises if it has been inoperative or abandoned for a period of more than one year. The WECS Decommissioning and Reclamation Plan (Plan) shall include removal of all equipment and may require removal of all foundations and other features such as fencing, security barriers, transmission lines, disposal of all solid and hazardous waste in accordance

with local, State and Federal regulations, and access roads to the satisfaction of the Director. The Plan shall include restoration of the physical state as existed before the WECS was constructed, and stabilization and re-vegetation of the site as necessary to minimize erosion. The owner/operator, at his/her expense shall complete the removal within 90 days following the one-year period of non-operation, useful life, or abandonment, unless an extension for cause is granted by the Director or a plan is submitted outlining the steps and schedule for returning the WECS to service to the satisfaction of the Director. The WECS Decommissioning and Reclamation Plan Agreement shall be recorded by the Community Development Agency against the title of the property.

3.

Any encumbrances placed on a parcel or parcels due to the installation of a WECS system shall remain in effect for as long as the WECS is on the site, and these encumbrances shall hold equal weight and be cumulative with respect to other limitations on the development of the parcel or parcels. Such encumbrances may not be the basis for granting variances or any other exception to the Marin County Development Code or Marin Countywide Plan regardless of any other additional development constraints imposed on the parcel or parcels. It is the owner's due diligence responsibility to ensure the siting of the WECS will not impose future development restrictions that are unacceptable to the owner.

4.

Construction monitoring of individual projects may be required to include, but not be limited to, surveys and/or inspections as needed, to ensure on-site compliance with all permit requirements, until implementation of requirements is complete.

5.

Upon the completion of construction and before final inspection, solid and hazardous wastes, including, but not necessarily limited to, packaging materials, debris, oils and lubricants, shall be removed promptly from the site and disposed of in accordance with all applicable County, State and Federal regulations. No hazardous materials shall be stored on the WECS site.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3745, § 1(exh. A), 2021)

This section applies to development authorized under California Senate Bill 9 (SB 9) of 2021 and subsequent amendments. Regulations for urban lot splits authorized under SB 9 are provided in section 22.80.064 rather than in this section.

The standards and requirements enumerated below apply to the development of residential units proposed under the provisions of SB 9 and this section. If the project is ineligible for SB 9 processing because it does not meet the required standards, the applicant may elect to submit an application for the applicable discretionary approval.

A housing development is eligible for SB 9 processing if it satisfies all of the requirements enumerated below.

A.

The housing development contains no more than two primary units per lot, which are either attached or detached. A housing development contains two residential units if the development proposes no more than two new units (including just one unit on a vacant lot) or if it proposes to add one new unit to one existing unit.

B.

The site of the housing development is within a single family residential zoning district.

C.

The site of the housing development is located within a legal lot wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

D.

The development is not located on a site that is any of the following:

1.

Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

2.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

3.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:

a.

Section 4291 of the Public Resources Code or Section 51182, as applicable.

b.

Section 4290 of the Public Resources Code.

c.

Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).

4.

A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:

a.

The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.

b.

The State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

5.

Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

6.

Within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, the County shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the County that is applicable to the site. A development may be located on a site described in this subparagraph if either of the following are met:

a.

The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the County.

b.

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

7.

Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, the County shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the County that is applicable to the site.

8.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

9.

Lands under conservation easement.

E.

The proposed housing development would not require demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3.

Housing that has been occupied by a tenant in the last three years.

F.

The lot subject to the proposed housing development is not a lot on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division

7 of Title 1 (the Ellis Act) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

G.

The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years.

H.

The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

I.

Notwithstanding the governing zoning district for the property, the development standards of the R2 zoning district (Two Family, Residential) apply unless the development qualifies for an exception as described in subsection J below. In addition, except as provided in subsection J below, the maximum floor area of any newly constructed primary residential unit authorized under this section shall not exceed 1,600 square feet or 30 percent floor area ratio, whichever is more restrictive. Further, the residential units are not allowed to be built within a Stream Conservation Area or Wetland Conservation Area, and the development shall not entail the removal of protected or heritage trees, except in conformance with Development Code Chapter 22.62 (Tree Removal Permits).

J.

Notwithstanding subsection I above, the County shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two primary units or that would physically preclude either of the two units from being at least 800 square feet in floor area. Such units are subject to minimum front yard setbacks of 25 feet and minimum side and rear yard setbacks of four feet.

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

K.

The County shall require that a rental of any unit created pursuant to this ordinance be for a term longer than 30 days. A deed restriction shall be recorded against the property providing future owners with constructive notice of this restriction.

L.

The County shall not allow the creation of an Accessory Dwelling Unit as part of the development subject to this section and SB 9 if the lot on which the development is to occur was created by an Urban Lot Split approval under section 22.80.064 and SB 9 (both the authority contained with Government Code section

65852.21 related to development projects and the authority in Government Code section 66411.7 related to urban lot splits).

(Ord. No. 3780, § 1(exh. A), 2023; Ord. No. 3819, § I(exh. A), 2024)

A.

Purpose. This section applies to development authorized under California Assembly Bill 2011 (AB 2011) of 2022, codified in Government Code Section 65912.100, allowing mixed-income and affordable residential development in zones where office, retail and parking are a principally permitted use.

The standards and requirements enumerated below apply to the development of residential units proposed under the provisions of AB 2011 and this section. If the project is ineligible for AB 2011 processing because it does not meet the required standards, the applicant may elect to submit an application for the applicable discretionary approval.

B.

Applicability. This Chapter is applicable to housing development projects proposed pursuant to AB 2011 consisting of any of the following uses: (i) residential uses only; (ii) mixed-use developments consisting of residential and nonresidential uses where at least two-thirds of the square footage is designated for residential use; or (iii) transitional housing or supportive housing. Property owners, at their sole discretion, may decide to develop under the provisions of this Chapter. Otherwise, they are subject to all other provisions of this Development Code. When a property owner decides to develop under the provisions of this Chapter, and demonstrates that the housing development project meets the general requirements to be eligible in subsection C. below, the property will become subject to the Form Based (FB) combining district.

C.

General Requirements. A housing development project is only eligible for the streamlined, ministerial review process under AB 2011, if it is proposed to be located on a site that satisfies all of the following criteria:

1.

The site of the housing development is within a Commercial District or Zone, as defined in Chapter 22.130

2.

The site of the housing development is within an unincorporated area of the County, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

3.

The housing development project is proposed on a site where at least 75 percent of the site adjoins parcels developed with Urban Uses. For purposes of eligibility for AB 2011 streamlined processing, parcels that are only separated by a street or highway shall be considered to be adjoined.

4.

The housing development project is not located on a site or adjoined to any site where more than one-third of the square footage of the site is dedicated to industrial uses. For purposes of this section, dedicated industrial use means any of the following: (a) the square footage is currently being used as an industrial use; or (b) the most recently permitted use of the square footage is an industrial use; or (c) the site is designated for industrial use in the current Countywide Plan.

5.

The dwelling units in the housing development project shall not be located within 500 feet of a freeway, as defined Section 332 of the Vehicle Code, or within 3,200 feet of a facility that actively extracts or refines oil or natural gas.

6.

The housing development project is proposed on a site that satisfies the requirements of Government Code Section 65913.4(a)(6)(B) through (K). For vacant sites, the following shall apply:

i.

No housing development shall be permitted on a vacant site located within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179.

ii.

It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be affected by the housing development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code.

7.

The housing development project is not proposed on a site that is currently or was previously governed by any of the following:

i.

Mobilehome Residency Law (codified at California Civil Code Sections 798, et seq.);

ii.

Recreational Vehicle Occupancy Law (codified at California Civil Code Sections 799.20, et seq.);

iii.

Mobilehome Parks Act (codified at Health & Safety Code Sections 18200, et seq.); or

iv.

Special Occupancy Parks Act (codified at Health & Safety Code Sections 18860, et seq.).

8.

For a housing development project proposed on a site that is vacant that the time that the application is submitted, the site shall not contain tribal resources, as defined in California Public Resources Code Section 21074, that could be affected by the housing development project that were found pursuant to a consultation as described in Public Resources Code Section 21080.1 and the effects of which cannot be mitigated pursuant to the process in Public Resources Code Section 21080.3.2.

9.

The development proponent for the housing development project shall complete a phase I environmental assessment (as defined in Health & Safety Code Section 25319.1) and any subsequent environmental review and remediation required by subdivision (f) of Government Code Section 65912.123.

10.

All housing development projects shall be subject to the FB combining district and comply with the Form Based Code (Section 22.14.100), and shall meet development standards in Transect 3 (T-3) zones that do not conflict with the standards in subsections D. and E. below. Where there is a conflict between the standards of the FBC and subsections D. and E. below, the standards in D. and E. shall govern.

D.

Mixed-Income Housing Developments in Commercial zones. A housing development project that is eligible for AB 2011 processing and subject to the FB combining district shall comply with the following development standards:

1.

Multi-Unit Residential Development. The housing development project must propose at least five residential dwelling units, excluding additional units gained through the State Density Bonus Law.

2.

Ground floor. At least one-half of the square footage of the ground floor of the housing development project shall be dedicated to retail uses, as defined in Section Chapter 22.130 of the Code.

3.

Lot size. The housing development project is not proposed on a site that is larger than twenty acres.

4.

Commercial frontage. The site on which the housing development project is proposed abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet.

5.

Prohibition on demolition. The housing development project will not require the demolition of any of the following:

i.

Housing subject to recorded covenant, deed restriction, ordinance or law that restricts rents to levels affordable to moderate-, low-, or very low-income households;

ii.

Housing that has been occupied by tenants in the last 10 years, excluding manager's units; or

iii.

A historic structure that was placed on a national, state, or local historic register.

6.

Site requirements. The housing development project meets all of the following criteria:

i.

The housing development project site was not previously used for permanent housing that was occupied by tenants, excluding any manager's units, that was demolished within ten years before the application for the housing development project is submitted.

ii.

The housing development project is not proposed on a site that currently contains one to four dwelling units or on a site that is vacant and zoned for four or fewer units.

iii.

If the housing development project is proposed on a site where there are commercial tenants at the time of submission of the application for the housing development project, the development proponent shall comply with all applicable requirements of subdivision (i) of Government Code Section 65912.124.

iv.

For vacant sites, the site satisfies both of the following:

a.

It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code.

b.

It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179.

v.

For a housing development project proposed on a site in a neighborhood plan, the neighborhood plan shall permit a multi-unit housing development on the site. For purposes of this section only, neighborhood plan means a specific plan adopted pursuant to Government Code Section 65450-65457, or an area plan, precise plan, urban village plan, or master plan that has been adopted by the Board of Supervisors.

7.

Density. A mixed-income housing development project shall propose a residential density that meets or exceeds the density of the greater of the following:

i.

The residential density allowed on the parcel by the Countywide Plan; or

ii.

For sites of less than one acre in size, 30 units per acre; or

iii.

For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 40 units per acre; or

iv.

For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 60 units per acre; or

v.

Notwithstanding subparagraphs (i), (ii), or (ii), for sites within one-half mile of a major transit stop, 80 units per acre.

8.

Height. The height for the proposed housing development project shall not exceed the greater of the following:

i.

The maximum height permitted by the current zoning designation for the site, regardless of whether that height limit is applicable to residential, commercial, or other type of developments.

ii.

For a site on a commercial corridor with a right-of-way of less than 100 feet, 35 feet.

iii.

For a site on a commercial corridor with a right-of-way equal to or greater than 100 feet, 45 feet.

iv.

Notwithstanding subparagraphs (i), (ii), or (ii), a height of up to 65 feet shall be permitted for sites that meet all of the following criteria:

1.

They are within one-half mile of a major transit stop.

2.

They are not within a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.

9.

Setbacks. A proposed housing development project subject to this Chapter shall comply with the following setbacks:

i.

For the portion of the site that fronts the commercial corridor, no setbacks shall be required except that any parking that is provided must be set back at least twenty-five feet from the front property line. Notwithstanding the foregoing, on the ground floor of the housing development project, any building or buildings must abut the commercial corridor within ten feet of the property line for at least eighty percent of the frontage.

ii.

For any portion of the site that fronts a side street, any building or buildings shall abut the side street within ten feet of the property line for at least sixty percent of the frontage.

iii.

For any portion of the site that abuts an adjoining property that also abuts the same commercial corridor, no setbacks shall be required unless the adjoining property contains a residential use that was constructed prior to September 28, 2022, in which case the requirements of paragraph (iv) below shall apply.

iv.

For any portion of the site that does not abut the commercial corridor, a side street, or an adjoining property that also abuts the same commercial corridor as the site, but abuts a property that contains a residential use, the ground floor of the housing development project shall be set back ten feet. Starting with the second floor of the housing development project, each subsequent floor shall be stepped back in an

amount equal to seven feet multiplied by the floor number. For the purposes of this paragraph, the ground floor is the first floor.

v.

For any portion of the site that does not abut the commercial corridor, a side street, or an adjoining property that also abuts the same commercial corridor as the site, but abuts a property that does not contain a residential use, the housing development project shall be set back fifteen feet.

10.

Affordable Housing in mixed-income Development. A housing development eligible for AB 2011 processing shall comply with the following development standards:

i.

Affordability. A housing development project shall comply with the affordable housing requirements enumerated in Govt Code Section 65912.122(A), (B), (C) or with affordability requirements enumerated in Chapter 22.22., whichever is greater.

ii.

Deed Restriction. A housing development project shall record a deed restriction ensuring that the required affordable units are rented to eligible households at affordable housing cost or affordable rent as follows:

a.

Rental Housing Development: A rental housing development shall be income restricted to a period no less than 55 years.

b.

Owner-occupied Housing Development: An owner-occupied housing development shall be deed restricted to a period no less than 45 years.

iii.

Characteristics of Affordable Units. The affordable units in the housing development project shall have the same proportion of each bedroom and bathroom type as the market-rate units, shall be equitably distributed within the housing development project, and shall have the same type or quality of appliance, fixtures, and finishes as the market-rate units.

11.

Commercial Tenant Notice and Relocation Assistance Requirements. If the housing development project is proposed on a site where there are commercial tenants at the time of submission of the application for the housing development project, the development proponent shall comply with all applicable requirements of subdivision (i) of Government Code Section 65912.124.

E.

Affordable Housing Developments in Commercial Zones. A housing development project that is eligible for AB 2011 processing and subject to the FB combining district shall comply with the following development standards:

1.

Multifamily Residential Development. The housing development project must entail the construction of at least five residential dwelling units.

2.

Affordable Housing. One hundred percent of the units, excluding any manager's unit or units in a housing development project proposed pursuant to this Chapter, shall be dedicated for rent to lower-income households at an affordable rent or for sale to lower-income households at an affordable cost.

3.

Deed Restriction. Any rental units in the housing development project shall be subject to a recorded deed restriction for a period of no less than fifty-five years.

4.

Density. The housing development project shall have a residential density no greater than 30 units per acre.

5.

Commercial Tenant Notice and Relocation Assistance Requirements. If the housing development project is proposed on a site where there are commercial tenants at the time of submission of the application for the housing development project, the development proponent shall comply with all applicable requirements of subdivision (c) of Government Code Section 65852.24.

(Ord. No. 3819, § I(exh. A), 2024)

Chapter 22.34 - TRANSFER OF DEVELOPMENT RIGHTS