§ 22.40

This Chapter provides procedures and requirements for the preparation, submission, filing, and initial processing of development applications, land use permits, and other entitlements required by this Development Code. The procedures and requirements for the preparation, submission, and filing of applications established by the Subdivision Map Act are contained in Article VI (Subdivisions).

(Ord. No. 3577, 2012)

State law (Government Code Sections 65900 et seq.) provides authority for the County to establish procedures to ensure that the purposes of this Development Code are achieved. Table 4-1 (Review Authority) identifies the County official or authority responsible for reviewing and making recommendations

and decisions on each type of discretionary permit, entitlement, or amendment, as well as the proper authority to administer appeals.

In any case where a project involves applications for more than one entitlement, and entitlements require review and approval by different review authorities, all entitlements shall be reviewed and decided upon by the highest Review Authority. For example, where a project involves applications for a Use Permit (normally approved by the Zoning Administrator), and a Tentative Map proposing five or more parcels (normally approved by the Planning Commission), both applications shall be reviewed and decided by the Planning Commission.

TABLE 4-1

REVIEW AUTHORITY FOR DISCRETIONARY APPLICATIONS

Notes:

1. "Recommend" means that the Review Authority makes a recommendation to the decision-making body; "Decide" means that the Review Authority makes the final decision on the matter; "Appeal Action" means that the Review Authority may consider and decide upon appeals of the decision of an earlier decision-making body, in compliance with Chapter 22.114 (Appeals).

2. In any case where a project involves applications for more than one entitlement, and entitlements require review and approval by different review authorities, all entitlements shall be reviewed and decided upon by the highest Review Authority.

3. In some circumstances, the adopted fee schedule may indicate a specific level of permit with terms such as "minor," "regular," or "major." These terms are used for the purpose of establishing fees but do not change the underlying permit type or findings necessary for approval.

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

A.

Applicability. This Section shall apply to the submission and processing of the following development applications:

1.

Discretionary Permit Applications:

a.

Design Reviews;

b.

Floating Home Exceptions;

c.

Master Plans;

d.

Temporary Use Permits;

e.

Tentative Maps and Vesting Tentative Maps;

f.

Lot Line Adjustments;

g.

Site Plan Reviews;

h.

Tree Removal Permits;

i.

Use Permits;

j.

Variances; and

k.

Sign Reviews.

2.

Ministerial Planning Decisions:

a.

Certificates of Compliance;

b.

Homeless Shelter Permits;

c.

Residential Accessory Dwelling Unit and Junior Accessory Dwelling Unit Permits;

d.

Sign Permits;

e.

Use Permit Renewals;

f.

Urban Lot Split Compliance Reviews;

g.

Housing Development Regulation Compliance Reviews;

h.

Permit exemptions.

B.

Eligibility for submittal of an application. Development applications may be made only by an owner or lessee of real property, an agent of the owner or lessee, or a person who has entered into a contract to purchase or lease real property contingent on the ability to obtain certain development approvals under this Development Code. All ownership interests shall be parties to the application.

C.

Required contents. Each development application and other matters pertaining to this Development Code shall be submitted by an eligible person to the Agency. The application shall be made on the County application form available from the Agency's public information counter, and shall include all required fees, plans, reports, and other information listed on the Agency's published submittal requirements. Additional information may be required.

D.

Application complete. A development application shall be considered complete and filed for processing when it has been determined to be complete in compliance with Section 22.40.050 (Initial Application Review for Discretionary Permits) and 22.40.052 (Initial Application Review for Ministerial Planning Permits).

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3780, § 1(exh. A), 2023; Ord. No. 3797, § II(exh. A), 2023)

The Board shall establish a schedule of fees for the processing of the development applications, permits, amendments, and other matters pertaining to this Development Code. The Board may change or modify the schedule of fees from time to time. The processing of an application filed in compliance with this Development Code shall not commence until all required fees and deposits have been received by the Agency.

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

22.40.050 - Application Review for Discretionary Permits and Accessory Dwelling Unit Permits.

A.

Applicability. This Section shall apply to the types of Discretionary Permits listed in Section 22.40.030 (Application Submittal and Filing and Accessory Dwelling Unit Permits).

B.

Processing of an application. All discretionary permit and accessory dwelling unit permit applications submitted to the Agency, in compliance with this Development Code, shall be initially processed as described below. More than one application may be required for proposed projects requiring more than one type of entitlement or approval. Applications for projects that are undergoing litigation shall only be processed once litigation is complete.

1.

Referral of application. A discretionary permit or accessory dwelling unit permit applications submitted, in compliance with this Development Code, may be referred to any public agency or other organization that may be affected by, or have an interest in, the proposed land use or development project. The purpose of the referral is to provide other public agencies and organizations the opportunity to provide their comments on aspects of the proposed project which are of concern or interest. Recommended conditions of approval from referral agencies will be considered when making a decision on a development application.

The referral shall be made at the discretion of the Director, or where otherwise required by this Development Code, State, or Federal law.

Examples of agencies and organizations which often receive referred applications for comment are fire protection districts, the County Open Space District, the Department of Public Works, the Department of Environmental Health, utility and public service agencies, school districts, the Army Corps of Engineers, the California Department of Fish and Game, local advisory design review boards, the cities and towns of Marin, and other community associations.

2.

Completeness review. Within 30 days of receiving a discretionary permit application(s) for processing, the Agency shall review the application(s) for completeness and accuracy of required information before it is accepted as being complete and officially filed. See Section 22.40.030.C (Application Submittal and Filing - Required contents) for further information.

3.

Completeness determination.

a.

A discretionary permit application will be deemed to be complete when the applicant has submitted all of the information and fees required by the Agency for completeness. This determination shall be made by the Agency within 30 days; otherwise, the application will be deemed complete. The determination of completeness for a discretionary permit application that requires a legislative action shall be made within 30 days after action on the legislative decision by the Marin County Board of Supervisors. A determination of completeness for environmental review purposes may precede legislative actions in compliance with the California Environmental Quality Act.

b.

When an application is determined to be incomplete, the applicant may complete and resubmit the application, and the Agency shall make a determination of the completeness of the resubmitted application within 30 days. The time used by the applicant to submit the additional required information shall not be considered part of the time within which the determination of completeness shall occur. The time available to the applicant for submittal of additional information is limited by Section 22.40.050.B.5 (Initial Application Review - Expiration of application), below.

c.

This section is intended to carry out Government Code section 65943, and nothing precludes the applicant and the County from mutually agreeing to an extension of any time limit provided by Government Code 65943. This section does not apply when preempted by other Federal or State laws or regulations; in those situations, the timelines specified by the Federal or State laws or regulations shall govern.

Notification of applicant. The Agency shall inform the applicant in writing within 30 days following the submission of the application(s) that:

a.

The application is complete and has been accepted for filing; or

b.

The application is incomplete and that additional information, as specified in writing, shall be provided by the applicant.

c.

When applications involving the State Density Bonus Law (Government Code Section 65943) are deemed complete and accepted for filing, the Agency shall inform the applicant of the following:

i.

The amount of density bonus for which the application is eligible;

ii.

If the applicant requests a parking ratio as permitted in subdivision (p) of Government Code Section 65943, the parking ratio for which the applicant is eligible.

iii.

If the applicant requests incentives or concessions or waivers or reductions of development standards, whether the applicant has provided adequate information for the County to make a determination as to those incentives, concessions, waivers or reductions of development standards.

5.

Expiration of application. If the information required by the Agency, for completeness review, is not submitted within the time limits listed below, the discretionary permit or accessory dwelling unit permit application shall expire unless the applicant requests an extension prior to the expiration date, and the Director grants the extension.

a.

General time limit. An incomplete discretionary permit or accessory dwelling unit permit application shall expire 30 days following the date the Agency provides written notice that the application is incomplete, unless the Director grants extensions, not to exceed one year. This time limit shall not apply to Section 22.40.050.B.5.b (Initial Application Review for Discretionary Permits - Enforcement cases) below.

b.

Enforcement cases. An incomplete discretionary permit application, submitted to resolve a code enforcement matter, shall expire 30 days following the date the Agency provides written notice that the

application is incomplete, unless the Director grants extensions not to exceed a total of 90 days. See Chapter 22.122 (Enforcement of Development Code Provisions) for further information.

6.

Time extension request. The applicant may request additional time to submit the information required by the Agency to determine completeness of the application. The applicant shall request an extension, in writing to the Director, prior to the expiration of the time limit for completeness, as stated in Section 22.40.050.B.5 (Initial Application Review - Expiration of application), above.

7.

Resubmittal after expiration of application. In the event that a discretionary permit or accessory dwelling unit permit application expires, the applicant may submit a new application, and all required fees, to the Agency in compliance with this Development Code, and the application review process will begin again.

8.

Summary Denial. In those instances where a discretionary application is subject to environmental review, but is not consistent with the mandatory findings for approval, a summary denial of the project may be issued before conducting environmental review.

9.

Additional information required for environmental review. After a discretionary permit application has been determined to be complete, the Agency may require the applicant to submit additional information necessary to conduct environmental review of the project, in compliance with Section 22.40.060 (Environmental Review), below.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3797, § II(exh. A), 2023; Ord. No. 3806, § II(exh. A), 2023)

22.40.052 - Application Review for Ministerial Planning Permits.

A.

Applicability. This Section shall apply to the types of Ministerial Planning Permits listed in Section 22.40.030 (Application Submittal and Filing).

B.

Processing of an application. All ministerial planning permit applications submitted to the Agency, in compliance with this Development Code, shall be initially processed as described below. More than one application may be required for proposed projects requiring more than one type of entitlement or approval. Applications for projects that are undergoing litigation shall only be processed once litigation is complete.

1.

Referral of application. A ministerial planning permit application submitted, in compliance with this Development Code, may be referred to any public agency or other organization that may be affected by, or

have an interest in, the proposed land use or development project. The purpose of the referral is to provide other public agencies and organizations the opportunity to provide their comments on aspects of the proposed project which are of concern or interest. Recommended conditions of approval from referral agencies will be considered when making a decision on a development application.

The referral shall be made at the discretion of the Director, or where otherwise required by this Development Code, State, or Federal law.

2.

Completeness review. After receiving a ministerial planning permit application(s) for processing, the Agency shall review the application(s) for completeness and accuracy of required information before it is accepted as being complete and officially filed. See Section 22.40.030.C (Application Submittal and Filing - Required contents) for further information.

3.

Completeness determination. A ministerial planning permit application that requires a ministerial decision will be deemed to be complete when the applicant has submitted all of the information and fees required by the Agency for completeness.

When a ministerial planning permit application is determined to be incomplete, the applicant may complete and resubmit the application, and the Agency shall make a determination of the completeness of the resubmitted application. The time used by the applicant to submit the additional required information shall not be considered part of the time within which the determination of completeness shall occur. The time available to the applicant for submittal of additional information is limited by Section 22.40.052.B.7 (Initial Application Review for Ministerial Planning Permits - Resubmittal after expiration of application), Resubmittal after expiration of application, below.

4.

Notification of applicant. The Agency should inform the applicant in writing following review of a submitted ministerial planning permit application(s) that:

a.

The application is complete and has been accepted for filing; or

b.

The application is incomplete and that additional information, specified in the written notice, shall be provided by the applicant.

5.

Expiration of application. If the information required by the Agency, for completeness review, is not submitted within the time limits listed below, the ministerial planning permit application shall expire unless the applicant requests an extension prior to the expiration date, and the Director grants the extension.

a.

General time limit. An incomplete ministerial planning permit application shall expire 30 days following the date the Agency provides written notice that the application is incomplete, unless the Director grants extensions, not to exceed one year. This time limit shall not apply to Section 22.40.052.B.5.b (Initial Application Review for Ministerial Planning Permits - Enforcement cases) below.

b.

Enforcement cases. An incomplete ministerial planning permit application, submitted to resolve a code enforcement matter, shall expire 30 days following the date the Agency provides written notice that the application is incomplete, unless the Director grants extensions not to exceed a total of 90 days. See Chapter 22.122 (Enforcement of Development Code Provisions) for further information.

6.

Time extension request. The applicant may request additional time to submit the information required by the Agency to determine completeness of the application. The applicant shall request an extension, in writing to the Director, prior to the expiration of the time limit for completeness, as stated in Section 22.40.052.B.5 (Initial Application Review Ministerial Planning Permits - Expiration of application), above.

7.

Resubmittal after expiration of application. In the event that a ministerial planning permit application expires, the applicant may submit a new application, and all required fees, to the Agency in compliance with this Development Code, and the development review process will begin again.

8.

Timing of Decisions. If any discretionary permits are required for a project in addition to a ministerial planning permit, then the ministerial planning permit shall not be issued until final decisions on all discretionary permits have been rendered and their applicable appeal periods have elapsed.

9.

Decision. The Director shall make all determinations regarding ministerial planning permits. The Director's determinations regarding ministerial planning permits are not appealable.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3797, § II(exh. A), 2023)

22.40.055 - Review of Previously Denied Applications for Discretionary Permits.

A.

Applicability. This Section shall apply to development applications listed in Section 22.40.030 (Application Submittal and Filing) that have previously been denied.

B.

Review Eligibility. All permit applications submitted to the Agency, in compliance with this Development Code, that are substantially the same as an application that was previously denied, as determined by the Director, shall not be processed within six months of the date of final action.

C.

Processing of a previously denied application. All permit applications submitted to the Agency, in compliance with this Development Code, shall be processed in accordance with Section 22.40.040 (Establishment of Application Fees) and 22.40.050 (Initial Application Review).

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

22.40.060 - Environmental Review.

A.

Review procedures. After the Agency has accepted an application for filing, the proposed project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) and the County Environmental Impact Report Guidelines. See Figure 4-1 (Review Authority).

B.

Environmental determinations. Environmental determinations shall be made by the Director in compliance with the County Environmental Impact Report Guidelines and the California Environmental Quality Act.

C.

Expiration of application subject to environmental review. When a funding request is sent to an applicant to pay for the costs of environmental review, the funding shall be submitted within thirty days of the request or the project application shall expire. A one-time extension of up to 90 days for the submittal of funds may be granted by the Director before the application expires.

FIGURE 4-1

REVIEW AUTHORITY FOR ENVIRONMENTAL DETERMINATIONS

==> picture [396 x 528] intentionally omitted <==

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

22.40.065 - Limit on Public Hearings.

Consistent with California Government Code Section 65905.5, if a proposed project that is subject to the Housing Accountability Act complies with the applicable objective Countywide Plan and zoning standards in effect at the time the application is deemed complete, then the County shall not conduct more than five public hearings in connection with the approval of the project subsequent to the application being deemed complete.

"Hearing" includes any public hearing, workshop, or similar meeting conducted by the county with respect to the proposed project, whether by the legislative body of the County, the planning agency established

pursuant to Section 65100, or any other agency, department, board, commission, or any other designated hearing officer or body of the County, or any committee or subcommittee thereof. "Hearing" does not include a hearing to review a legislative approval required for a proposed project, including, but not limited to, a Countywide Plan amendment, a specific plan adoption or amendment, or a zoning amendment, or any hearing arising from a timely appeal of the approval or disapproval of a legislative action.

(Ord. No. 3745, § 1(exh. A), 2021)

A.

Staff evaluation. The Agency staff shall review all discretionary applications submitted in compliance with this Article to determine whether or not they comply and are consistent with the provisions of this Development Code, other applicable provisions of the County Code, and the Countywide Plan and Community Plans. Agency staff shall provide a recommendation to the Director, Zoning Administrator, Commission, and/or Board, as applicable, on whether the application should be approved, approved subject to conditions, or denied.

B.

Decision or Staff Report. The Director shall prepare a written Decision for administrative actions for which the Director has final authority. When the Director does not have final authority, the Director shall prepare a written report for recommendations to the Zoning Administrator, Commission, and the Board. The decision or report shall include:

1.

A decision or recommendation for approval, approval with conditions, or denial of the application, where appropriate.

2.

Findings of fact regarding the development project's consistency with the Countywide Plan, any applicable Community or land use plan, and those findings specifically identified for each planning permit. In those instances when decisions are being issued administratively, summary findings may suffice for minor projects.

3.

Pursuant to the California Housing Accountability Act, the agency shall not disapprove a project that is subject to the Housing Accountability Act, including farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, for very low, low-, or moderate-income households, or an emergency shelter, or condition approval in a manner that renders the project infeasible for the use of very low, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless first making written findings, based upon a preponderance of the evidence in the record, as required by Govt. Code 65589.5;

Information on how the decision may be appealed to a higher decision making authority.

C.

Report distribution. A staff report shall be furnished to the applicants at the same time as it is provided to the Zoning Administrator, members of the Commission, and/or Board, and any interested parties, prior to a hearing on the application.

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

After an entitlement or development permit application is approved, the entitlement is subject to the expiration, extension, performance guarantee, and other applicable provisions of Chapter 22.70 (Permit Implementation, Time Limits, Extensions).

(Ord. No. 3577, 2012)

Chapter 22.42 - DESIGN REVIEW

22.42.010 - Purpose of Chapter.

This Chapter provides procedures for Design Review for proposed discretionary development throughout the unincorporated areas of the County. Design Review consists of a review of plans and proposals for land use and design of physical improvements in order to implement the goals of the Countywide Plan and is intended to ensure that:

A.

Sound and creative design principles are used by applicants in designing proposed projects, which will result in high quality site planning and architectural design, and the innovative use of materials, construction methods, and techniques;

B.

Site planning, building design, and construction practices promote resource conservation through climate responsive design, use of renewable energy and resources, and cost effective use of resource conserving materials where practicable and feasible;

C.

The natural beauty of the County, and the public's ability to use and enjoy it, are preserved and encouraged;

D.

The design of the built environment respects and preserves the natural beauty of the County and the environmental resources found within;

E.

The exterior appearance of proposed structures, along with their associated landscaping, parking, signs, etc., is compatible and harmonious with the design, scale, and context of surrounding properties;

F.

The development of vacant properties which adjoin paper streets is undertaken in such a way as to minimize the impacts associated with the development; and

G.

Conflicts between land uses are eliminated, environmental values of the site are preserved, and adverse physical or visual effects which might otherwise result from unplanned or inappropriate development, design, or placement are minimized or eliminated.

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