§ 22.80

This Article is and may be cited as the Marin County Subdivision Ordinance.

(Ord. No. 3577, 2012)

The regulations in this Article are intended to supplement, implement, and work with the Subdivision Map Act, Sections 66410 et seq. of the California Government Code (hereafter referred to as the Map Act). This

Article is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of applications, and the review, approval, and construction of proposed subdivisions.

(Ord. No. 3577, 2012)

The Map Act and this Development Code require that the subdivision of an existing parcel into two or more proposed parcels be first approved by the County. In general, the procedure for subdivision first requires the approval of a Tentative Map, and then the approval of a Parcel Map or Final Map to complete the subdivision process. The Tentative Map review process is used to evaluate the compliance of the proposed subdivision with the standards of this Development Code, and the appropriateness of the proposed subdivision design. Parcel and Final Maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.

A.

Tentative Map requirements. Pursuant to Map Act Section 66426, a Tentative and Final Map are required for all subdivisions creating five or more parcels, five or more condominiums, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any of the following occurs:

1.

The original, unsubdivided parcel contains less than five acres, each proposed parcel abuts upon a maintained public street, and no dedications or improvements are required by adopted County Plans or Codes.

2.

Each parcel created by the division has a gross area of 20 acres or more and has approved access to a maintained public street.

3.

The parcel(s) have approved access to a public street which comprises part of a tract of land zoned for industrial or commercial development, and which has County approval for street alignments and widths.

4.

Each parcel has a minimum gross area of 40 acres.

5.

The land being subdivided is solely for the creation of an environmental subdivision pursuant to Map Act Section 66418.2

A Parcel Map shall be required instead of a Final Map when a Final Map is not required for the reasons listed in 1 through 5 above.

B.

Parcel and Final Map requirements. A Parcel or Final Map shall be required as follows:

1.

Parcel Map. The filing and approval of a Parcel Map (Chapter 22.86 (Parcel Maps and Final Maps)) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Chapter 1, Article 2 of the Map Act, except for the following subdivisions:

a.

Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-ofway, unless the Director determines based on substantial evidence that public policy necessitates a Parcel Map in an individual case; or

b.

Rail right-of-way leases. Subdivisions of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, which are created by short-term leases (terminable by either party on not more than 30 days' notice in writing); or

c.

Waived Parcel Map. A subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 22.86.030 (Waiver of Parcel Map).

2.

Final Map. The filing and approval of a Final Map (Chapter 22.86) shall be required for a subdivision of five or more parcels; except where a Parcel Map without a Tentative Map is instead required by Subsection A. above (Tentative Map Requirements).

C.

Conflicts with Map Act. In the event of any perceived conflicts between the provisions of this Article and the Map Act, the Map Act shall control.

(Ord. No. 3577, 2012; Ord. No. 3706, 2019)

As provided by Article 1, Chapter 1 of the Map Act, the following subdivisions do not require the filing or approval of Tentative, Parcel or Final Maps:

A.

Agricultural leases. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock.

B.

Boundary line agreements. Boundary line or exchange agreements to which the State Lands Review Authority or a local agency holding a trust grant of tide and submerged lands is a party.

C.

Wireless telecommunication antenna facilities. The leasing or licensing of a portion of a parcel, or the granting of an easement, Use Permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code Section 234, exclusively for the placement and operation of wireless telecommunications transmission facilities, including antenna support structures, microwave dishes, structures to house wireless telecommunications transmission equipment, power sources, and other incidental equipment.

D.

Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code.

E.

Commercial/industrial financing or leases. The financing or leasing of:

1.

Offices, stores or similar spaces within commercial or industrial buildings; existing separate commercial or industrial buildings on a single parcel; or

2.

Any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if Article II or Article V of this Development Code (Zoning Districts and Allowable Land Uses) requires a Use Permit for the project, or Chapter 22.42 requires Design Review.

F.

Condominium conversions. The conversion of:

1.

A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Sections 66412.g or 66412.h, respectively; or

2.

The conversion of certain mobile home parks to condominiums as provided by Map Act Section 66428.b.

G.

Lot Line Adjustments. A Lot Line Adjustment processed in compliance with Chapter 22.90 (Lot Line Adjustments).

H.

Mineral leases. Mineral, oil or gas leases.

I.

Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-ofway.

J.

Rail right-of-way leases. Short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, unless the Director determines in an individual case, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this Development Code to the short-term lease.

K.

Small, removable commercial buildings. Subdivisions of four parcels or less for the construction of removable commercial buildings having a floor area of less than 100 square feet.

L.

Residential financing or leases. The financing or leasing of: Apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or "granny" units or residential second units in compliance with Government Code Sections 65852.1 or 65852.2, respectively.

M.

Separate assessments. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.

N.

Wind energy conversion systems (WECS). The leasing of, or granting of an easement to a parcel or portion of a parcel in conjunction with the financing, installation, and sale or lease of a WECS.

(Ord. No. 3577, 2012)

The Review Authority is the individual or body identified by this Development Code as having the responsibility and authority to approve or deny land use permit and subdivision applications. The Review Authority for Tentative Maps, Parcel and Final Maps, Lot Line Adjustments, Certificates and Conditional Certificates of Compliance, parcel Mergers and Unmergers, and Reversions to Acreage in compliance with this Article, is determined by Section 22.40.020 (Review Authority for County Land Use and Zoning Decisions), and the provisions of this Article.

(Ord. No. 3577, 2012)

An exception to any provision of this Article may be requested by a subdivider in compliance with this Section. An exception shall not be used to waive or modify provisions of the Map Act.

A.

Application. An application for an exception shall be submitted on forms provided by the Agency together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

B.

Filing and processing. A request for an exception may be filed with the Tentative Map application to which it applies, or after approval of the Tentative Map. An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time. An exception shall not be considered as Tentative Map approval and shall not extend the time limits for expiration of the map established by Section 22.84.130 (Expiration of Approved Tentative Map).

C.

Approval of exception. The Review Authority shall not grant an exception unless all the following findings are first made:

1.

There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings.

2.

The exception does not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity.

3.

The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and in the same zoning district and denied to the proposed subdivision.

4.

Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located.

5.

The exception is consistent with the Marin Countywide Plan, or any applicable Community Plan or Specific Plan.

In granting an exception, the Review Authority shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts.

(Ord. No. 3577, 2012)

Conformance with the provisions of this section shall be ensured by requiring any project proponent seeking approval for an urban lot split that is subject to the terms of this section to obtain approval of an "Urban Lot Split Compliance Review" (Lot Split Review) prior to applying for their Parcel Map.

The review of such an application shall conform to the requirements of Development Code Section 22.40.052 for ministerial planning permit reviews. The Planning Division shall issue a ministerial approval, approval with conditions, or denial of a Lot Split Review based on the project's conformance with the objective standards and requirements provided for in this section and any applicable requirements of the Subdivision Map Act.

The procedures, standards, and requirements enumerated below apply to urban lot splits proposed under the provisions of SB 9 of 2021 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 a discretionary Tentative Map application.

A.

Notwithstanding any other provision of this section, the County shall ministerially approve an urban lot split only if the County determines that the urban lot split meets all of the following requirements:

1.

The lot split subdivides an existing lot to create no more than two new lots of approximately equal lot area provided that one lot shall not be smaller than 40 percent of the lot area of the original lot proposed for subdivision.

2.

Both newly created lots are no smaller than 1,200 square feet.

3.

The lot being subdivided meets all the following requirements:

a.

The lot is located within a single-family residential zone.

b.

The lot subject to the proposed urban lot split 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.

4.

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

a.

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.

b.

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

c.

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

d.

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.

e.

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.

f.

Within a special flood hazard area subject to inundation by the 1 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 subparagraph 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 that site. A development may be located on a site described in this subparagraph if either of the following are met:

i.

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

ii.

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.

g.

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 subparagraph 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 that site.

h.

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).

i.

Lands under conservation easement.

5.

The proposed urban lot split would not require demolition or alteration of any of the following types of housing:

a.

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.

b.

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

c.

A lot or lots 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.

d.

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

6.

The lot 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.

7.

The lot has not been established through prior exercise of an urban lot split as provided for in this section.

Neither the owner of the lot being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent lot using an urban lot split as provided for in this section.

B.

An application for a Lot Split Review for an urban lot split shall be approved in accordance with the following requirements:

1.

The County shall approve or deny an application for an urban lot split ministerially without discretionary review.

2.

The County shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.

3.

Notwithstanding Subdivision Map Act Section 66411.1, the County shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the lots being created as a condition of approving a Lot Split Review for an urban lot split pursuant to this section.

C.

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 D below.

D.

Notwithstanding subsection C 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.

E.

Notwithstanding subsection A. above, the County shall deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

F.

In addition to any standards established in accordance with this section, the County shall require that the project satisfy the following requirements when considering an application for an Urban Lot Split Review:

1.

Easements required for the provision of public services and facilities.

2.

A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

G.

The County shall require that the uses allowed on a lot created by this section be limited to residential uses.

The County shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

H.

This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

I.

The County shall require that a rental of any unit on a lot created pursuant to this section 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.

J.

The County shall not require, as a condition for ministerial approval of a Lot Split Review, the correction of nonconforming zoning conditions.

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

At least 30 days before filing any judicial action or proceeding to attack, review, set aside, void or annul the decision of the Review Authority concerning a Tentative, Parcel or Final Map, or any of the proceedings, acts or determinations taken, done or made before this decision, or to determine the reasonableness, legality or validity of any condition of approval, written notice shall be served upon the Review Authority detailing the nature of the conduct or action intended to be challenged. This Section is not intended to extend the statute of limitations provided in Map Act Section 66499.37.

(Ord. No. 3577, 2012)

Chapter 22.82 - SUBDIVISION DESIGN STANDARDS