§ 22.52

This Chapter provides procedures for Site Plan Review consisting of a review of site plans for the arrangement 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;

B.

The natural heritage and beauty of the County will be preserved and adverse physical effects which might otherwise result from unplanned or inappropriate development, design, or placement are minimized or eliminated.

(Ord. No. 3666, § II(exh. A), 2017)

The provisions of this Chapter apply under any of the following circumstances:

A.

Proposed development would increase the lot coverage above 75 percent on a single-family residential lot.

B.

Site Plan Review was required by a Master Plan, Design Review Waiver, or as a mitigation measure for a previous planning permit approval.

C.

The construction of any new driveway that exceeds a length of 250 feet in the A2, C1, H1, RA, RR, RE, R1, R2, and VCR zoning districts.

D.

All development and improvements on lots accessed by paper streets, without regard to the size of the lots or the applicable zoning district.

E.

In those instances where a vacant legal lot of record in the Countywide Plan's City-Centered, Baylands, or Inland Rural Corridor is proposed for development, except for those activities, uses of land, and other improvements subject to the SGV combining, district in Subsection F, below, any proposed development within the Countywide Plan's Stream Conservation Area that adjoins a mapped anadromous fish stream and tributary shall be subject to Site Plan Review as provided by this chapter if the lot is zoned A, A-2, RA, H1, O-A, RR, RE, R1, R2, C-1, A-P, or VCR, including all combining zoning districts. Development includes

all physical improvements, including buildings, structures, parking and loading areas, driveways, retaining walls, fences, and trash enclosures. The determination of the applicability of this requirement shall be based on the streams and tributaries shown on the map entitled "Marin County Anadromous Fish Streams and Tributaries," which is maintained and periodically updated by the Community Development Agency.

F.

In those instances where an activity, use of land, or other improvement subject to the SGV combining district located within the Stream Conservation Area would:

1.

Entail grading or otherwise expose soil;

2.

Increase lot coverage or surface runoff;

3.

Remove vegetation or woody riparian vegetation; or

4.

Alter the bed, bank, or channel of any stream.

G.

In those instances where development subject to the SGV combining district located outside the Stream Conservation Area would:

1.

Create new roads or driveways; or

2.

Create or replace 500 square feet or more of lot coverage.

H.

Any development seaward of the mean higher high tide, any increase of lot coverage within a tidelands area, and all docks and piers.

(Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3770, § 1(exh. A), 2022)

The following types of development are exempt from Site Plan Review:

A.

Development outside of the SGV combining district that is subject to Design Review or Variance requirements.

B.

Floating homes.

C.

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

D.

Signs.

E.

The following types of development subject to the SGV combining district:

1.

Removal of dead, invasive, or exotic vegetation, including leaf litter, except for woody debris located below the stream top of bank. Consultation with the Count, California Department of Fish and Wildlife, and/or Marin Municipal Water District is required prior to removal of any woody debris below the stream top of bank.

2.

Removal or trimming of pyrophytic combustible live trees and/or vegetation consistent with Chapter 22.62 (Tree Removal Permits) and Title 16 — Provision 16.16.040, including tanoak, California bay laurel, and Douglas fir tree species.

Removal of any live tree or vegetation that is greater than six inches in diameter at breast height and below the top of bank is not exempt, unless the tree or vegetation presents an immediate hazard to public safety.

3.

Planting of non-pyrophytic native vegetation.

4.

Voluntary creek restoration projects consistent with and authorized under the Marin Resource Conservation District's Permit Coordination Program.

5.

Repair and maintenance, including the replacement, of existing degraded septic systems that incorporate Marin County Stormwater Pollution Prevention Program (MCSTOPPP) minimum erosion and sediment controls and best management practices.

6.

Subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use.

7.

Development that is permitted pursuant to Chapter 11.08 (Watercourse Division or Obstruction).

(Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3770, § 1(exh. A), 2022; Ord. No. 3806, § II(exh. A), 2023)

22.52.040 - Application Filing, Processing, and Review.

A.

Filing.

1.

An application for a Site Plan Review shall be submitted, filed, and processed in compliance with and in the manner described in Chapter 22.40 (Application Filing and Processing, Fees).

2.

Site Plan Review application forms are available online and at the Agency's public service counter.

B.

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

C.

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

D.

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

E.

Notice of action and/or hearing date. Administrative decisions and public hearings on a proposed Site Plan Review application shall be noticed in compliance with Chapter 22.118 (Notices, Public Hearings, and Administrative Actions).

(Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3770, § 1(exh. A), 2022)

The Review Authority may only approve or conditionally approve an application if all of the following findings are made:

A.

The development would be consistent with all the site development criteria established in the Discretionary Development Standards.

B.

The development would be consistent with any applicable site development criteria for specific land uses provided in Section 22.30.045, Chapter 22.32 and special purpose combining districts provided in Chapter 22.14 of this Development Code.

C.

The development would employ best management practices for drainage and storm water management.

D.

The development would hold ground disturbance to a minimum and every reasonable effort would be made

to retain the natural features of the area, such as skyline and ridge tops, rolling land forms, knolls, significant native vegetation, trees, rock outcroppings, shorelines, streambeds and watercourses.

E.

If substantial ground disturbance is entailed in the development, the site would be adequately landscaped with existing or proposed vegetation at project completion.

F.

Development within the Stream Conservation Area in the SGV combining district would not:

1.

Adversely alter hydraulic capacity;

2.

Result in a net loss in habitat acreage, value, or function; and/or

3.

Degrade water quality.

(Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3770, § 1(exh. A), 2022)

Chapter 22.54 - VARIANCES