§ 22.42

New structures and exterior physical improvements, as well as additions, extensions, and exterior changes of or to existing structures and/or relocation of physical improvements, for either a single or multiple contiguous lots, as described in Subsections A through E below, shall be subject to Design Review, except as otherwise provided in Section 22.42.025 (Exemptions from Design Review) and 22.42.048 (Design Review Waivers).

A.

Planned Zoning Districts (combining coastal zones included). Residences, non-residential structures, accessory structures, agricultural structures, and other physical improvements in all Planned zoning districts.

B.

Conventional Zoning Districts. Residential buildings and additions to floor area in Conventional zoning districts on a lot that would contain more than 3,500 square feet of floor area with the proposed development and/or where the proposed development of primary structures would be greater than 30 feet in height or 16 feet in height for residential detached accessory structures. Non-residential structures and other physical improvements in all conventional zoning districts.

C.

Permit Waivers. Any waiver or exception to a standard specifically identified in this Development Code as being subject to this Chapter as well as Variance waivers identified in Chapter 22.54 (Variances).

D.

Substandard Building Sites. Where a vacant legal lot is proposed for single-family residential development, and when the lot is at least 50 percent smaller in total area than required for new lots under the applicable zoning district or slope regulations, in compliance with Section 22.82.050 (Hillside Subdivision Design

Standards), whichever is more restrictive, the proposed development shall be subject to the requirements of this Chapter. In these instances, any exemption from Design Review provided by Section 22.42.025 (Exemptions from Design Review) shall be void and setback requirements shall be waived. The subsequent development and physical improvements of these properties shall continue to be subject to the requirements of this Chapter.

E.

Lots Served by Paper Streets. The development of a vacant lot served only by a paper street shall be subject to the requirements of this Chapter where required by a Community Plan pursuant to a resolution adopted by the Board of Supervisors.

F.

Deviations in the Form Based (FB) Combining District. As specified in Section 22.14.100, deviations to the provisions of the Marin County Form Based Code.

(Ord. No. 3577, 2012; Ord. No. 3602, § II(exh. A), 2013; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3780, § 1(exh. A), 2023; Ord. No. 3797, § II(exh. A), 2023)

22.42.025 - Exemptions from Design Review.

Development and physical improvements listed below in Subsections A to T are exempt from Design Review.

A.

Single-Family Additions and Residential Accessory Structures in Planned Districts. Single-family residential additions and residential accessory structures on a lot with existing and proposed floor area not exceeding 3,500 square feet in a Planned District (see Chapter 22.16 Discretionary Development Standards) that meet the standards in Tables 4-2 and 4-3. This exemption does not apply if work authorized under a previous Design Review has not received approval of a final inspection from the Building and Safety Division.

TABLE 4-2

STANDARDS FOR EXEMPTION FROM DESIGN REVIEW FOR ONE-STORY ADDITIONS TO SINGLEFAMILY RESIDENCES AND FOR DETACHED ACCESSORY STRUCTURES IN PLANNED DISTRICTS

5 ft. on lots up to 6,000 sq. ft. 6 ft. on lots up to 7,500 sq. ft. 10 ft. on lots up to 10,000 sq. ft. Min. setbacks 15 ft. on lots > 10,000 sq. ft. (Or the required setbacks in a Community Plan, Master Plan, or subdivision, whichever is more restrictive) Environmental Protection (Countywide Outside of a Stream Conservation Area and Wetland Conservation Area Plan Consistency)

TABLE 4-3

STANDARDS FOR EXEMPTION FROM DESIGN REVIEW FOR MULTI-STORY ADDITIONS TO SINGLEFAMILY RESIDENCES IN PLANNED DISTRICTS

B.

Agricultural accessory structures that comply with the Stream Conservation Area and Wetland Conservation Area setbacks established in the Countywide Plan, and that are 300 feet or more from a property line of an abutting lot in separate ownership, and which are at least 300 feet from a street. The minimum setback to qualify for an exemption is reduced to 50 feet for an agricultural accessory structure that does not exceed 2,000 square feet in size, and to 25 feet for an agricultural accessory structure for retail sales of agricultural products that does not exceed 500 square feet in size. This exception does not apply to facilities for processing of agricultural products.

C.

In the A-2, C1, H1, RA, RR, RE, R1, R2, and VCR zones, open fencing, such as wood post and welded wire mesh, on lots greater than 20,000 square feet. The fencing shall be limited to eight feet in height above

grade, be located outside of any required front or street side yard setback, and comply with the standards in Chapter 13.18 (Visibility Obstructions) of the County Code;

D.

In Planned Districts, fences or screening walls that comply with the fence standards in Section 22.20.050 (Fencing and Screening Standards). In addition, the following standards must be met:

1.

For purposes of compliance with Section 22.20.050, the front and street side yards shall be no less than ten feet for lots up to one acre and fifteen feet on lots greater than one acre.

2.

Fences or walls proposed within the front and street side yards or on the property line defining such yards are limited to six feet in height with the entire section or portion of the fence or wall above four feet in height limited to a surface area that is at least 50% open and unobstructed by structural elements.

3.

Fences and screening walls located outside the front and street side yards are limited to six feet in height.

E.

In the A, A-2, C1, H1, RA, RR, RE, R1, R2, and VCR zones, bridges that comply with the height limits and standards specified in Section 22.20.055 (Bridge Standards).

F.

In Planned Districts, attached front and rear yard porches having setbacks of at least ten feet.

G.

In Planned Districts, attached or detached decks not exceeding a maximum height of five feet above grade (excluding hand railings and other safety features) and having setbacks of at least five feet.

H.

In Planned Districts, replacing existing authorized driveways and widening driveways to meet minimum Title 24 or fire code standards (retaining walls must comply with Section 22.20.090(C)(6) (Setback requirements and exceptions), in addition to other applicable standards). This exemption excludes relocation of existing driveways.

I.

In Planned Districts, construction of new retaining walls that comply with the standards in Section 22.20.052 (Retaining Wall Standards), and in all zoning districts, replacement of existing retaining walls.

J.

The installation of power generators that do not exceed a height of four feet above grade and have a minimum front yard setback of 25 feet and minimum side and rear yard setbacks of 10 feet, provided they are not developed on a property with multiple primary units.

K.

Swimming pools and spas that do not exceed a height of thirty inches above grade (including integrated retaining walls) and have setbacks of at least 10 feet.

L.

In Planned Districts, new and replacement skylights, doors, and windows (including bay windows), and similar attached architectural features.

M.

Changes to any approved exterior color or material, unless review is required by prior conditions of Design Review or other discretionary permit approval.

N.

Signs subject to the regulations of Chapter 22.28 (Signs) and Chapter 22.60 (Permits for Signs).

O.

Additions up to 500 square feet, exterior remodeling, and site improvements to commercial, industrial, and institutional properties that the Director determines to be minor and incidental in nature and which are in compliance with the purpose of this chapter.

P.

Accessory Dwelling Units that meet the applicable standards set forth in Section 22.32.120. A (category 1) and B (category 2).

Q.

Other work that the Director determines to be minor and incidental in nature, and which is in compliance with the purpose of this Chapter.

R.

Repair or in-kind reconstruction work on legal structures.

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

22.42.030—22.42.045. - Reserved.

Editor's note— Ord. No. 3666, § II(exh. A), adopted March 14, 2017, repealed §§ 22.42.030—22.42.045, which pertained to design review for substandard and hillside building sites, design review for certain driveways, design review for development along paper streets, and design review for development along

anadromous fish streams and tributaries, respectively, and derived from Ord. No. 3577, adopted Jan. 24, 2012.

Design Review shall be waived for eligible projects and the project shall instead be subject to the requirements of Chapter 22.52 (Site Plan Review). Only those projects that comply with the criteria below are eligible for Design Review waiver.

A.

The project is limited to single-family residential development, including associated accessory structures.

B.

The project is not located within an area governed by a Master Plan, unless that Master Plan provides for Site Plan Review.

C.

The development would meet the standards for height and setbacks established by the R1:B3 zoning district and Chapter 22.20.

D.

The development would not exceed a floor area of 3,500 square feet

E.

The development would not exceed a floor area ratio of 30 percent.

F.

The development would not occur in a Ridge and Upland Greenbelt Area.

(Ord. No. 3666, § II(exh. A), 2017)

22.42.050 - Application, Filing, Processing, and Noticing.

A.

Purpose. This Section provides procedures for filing, processing, and noticing of Design Review applications.

B.

Filing and processing. All Design Review applications shall be completed, submitted, and processed in compliance with Chapter 22.40 (Application Filing and Processing, Fees) and Section 22.40.050 (Initial Application Review for Discretionary Permits).

Design Review application forms are available at the Agency's public information counter.

C.

Notice of action and/or hearing date. Administrative decisions and public hearings on a proposed Design Review application shall be noticed in compliance with Chapter 22.118 (Notices, Public Hearings, and Administrative Actions). The Director may provide expanded public notice to ensure maximum public awareness of any Design Review application.

D.

Applicability to approved projects. On conventionally-zoned lots, where new or additional floor area previously approved without Design Review had not received a final inspection by the Building and Safety Division, and where the scope of work is proposed to be modified to include additional floor area that would trigger Design Review pursuant to Sections 22.42.020.B or 22.42.020.D, the scope of the Design Review shall include all new or additional floor area that has not received a final inspection.

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

22.42.055 - Project Review Procedures.

A.

Design Review Procedures. The Director shall approve, conditionally approve, or deny all Design Review applications in compliance with Section 22.42.060 (Decision and Findings), except as otherwise provide in Subsections B and C, below.

B.

Zoning Administrator review. When the Design Review application is associated with a permit application that requires a public hearing, the Design Review action may be taken by the Zoning Administrator.

C.

Referral to Commission. When the Director finds that significant policy issues are raised by the proposed project, the Director may refer the Design Review application to the Planning Commission for a final action.

(Ord. No. 3577, 2012; Ord. No. 3602, § II(exh. A), 2013; Ord. No. 3666, § II(exh. A), 2017)

The Review Authority shall issue the decision and the findings upon which the decision is based. The Review Authority may approve or conditionally approve an application only if all of the following findings are made:

A.

The proposed development complies with either the Single-family or Multi-family Residential Design Guidelines, as applicable, the characteristics listed in Chapter 22.16 (Discretionary Development Standards) and 22.32.168 (Tidelands), as well as any applicable standards of the special purpose combining districts provided in Chapter 22.14 of this Development Code.

B.

The proposed development provides architectural design, massing, materials, and scale that are compatible with the site surroundings and the community.

C.

The proposed development results in site layout and design that will not eliminate significant sun and light exposure or result in light pollution and glare; will not eliminate primary views and vistas; and will not eliminate privacy enjoyed on adjacent properties.

D.

The proposed development will not adversely affect and will enhance where appropriate those rights-ofway, streetscapes, and pathways for circulation passing through, fronting on, or leading to the property.

E.

The proposed development will provide appropriate separation between buildings, retain healthy native vegetation and other natural features, and be adequately landscaped consistent with fire safety requirements.

(Ord. No. 3577, 2012; Ord. No. 3602, § II(exh. A), 2013; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3745, § 1(exh. A), 2021)

Chapter 22.44 - MASTER PLANS AND PRECISE DEVELOPMENT PLANS[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 3666, § II(exh. A), adopted March 14, 2017, substantially amended former Ch. 22.44, §§ 22.44.010—22.44.050, which chapter has been replaced in entirety at the editor's discretion as herein set out. Former Ch. 22.44 pertained to the same subject matter and derived from Ord. No. 3577, adopted Jan. 24, 2012.

22.44.010 - Purpose of Chapter.

This Chapter provides procedures for the filing, processing, and adoption of Master Plans. These procedures are intended to:

A.

Align with California State Law governing common interest developments;

B.

Allow for phased developments;

C.

Establish site specific development criteria to ensure that development enhances or is compatible with the surrounding neighborhood character;

D.

Promote clustering of structures to preserve open land areas and avoid environmentally sensitive areas;

E.

Protect natural resources, scenic quality, and environmentally sensitive areas.

(Ord. No. 3666, § II(exh. A), 2017)