Chapter 24.04 — IMPROVEMENTS

The following improvements as specified in this chapter are required.

(Ord. 3181 § 5 (part), 1994)

(a)

Where existing facilities under the purview of this title are to serve a new or intensified use or development, and where it is either known or determined that those facilities do not or will not meet the standards set forth in this title, and where it is shown that the proposed use or development will exacerbate or cause such nonconformance, then the applicant may be required to modify the facilities to meet those standards as they apply to the proposed new condition.

(b)

Where existing facilities are to serve more than one new or intensified use or development, and where it is determined that the total build-out of the area served will increase the load on any of those facilities such that they will no longer meet the standards set forth in this title, then the applicant may be required to make financial arrangements, satisfactory to the agency, for the pro rata share of the cost of the improvements required above.

(c)

See Chapter 19.05, Street Improvements Required Abutting Building Sites.

(Ord. 3181 § 5 (part), 1994)

24.04.016 - Repairs to existing facilities.

If construction activity, equipment, vehicles and/or material delivery and storage cause damage to any existing facility (e.g., pavement, curb, gutter, sidewalk, landscaping) beyond normal wear and tear, as determined by the agency, then the permittee shall be responsible for the repair of same. In order to ensure repair, the agency may require cash deposits prior to issuance of permits or may place holds on interim or final inspections.

(Ord. 3181 § 5 (part), 1994)

The following words and terms are defined for the purposes of this chapter. These are "working" definitions and are not presented as or intended to be "legal" definitions:

"Agency" means the public works department of the county of Marin unless otherwise stated.

"A.C." means asphalt concrete.

"A.D.T." means average daily traffic. The average number of vehicle trips on a defined segment of road over a twenty-four-hour period.

"BASMAA Post Construction Manual" means the most recent version of the Bay Area Stormwater Management Agencies (BASMAA) Post Construction Manual which provides design guidelines for reducing stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment measures and hydromodification management measures.

"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste recycling or disposal, or drainage from raw material storage.

"Common driveway" means a section of a driveway serving more than one residence.

"County-maintained road" means a road the maintenance of which is the responsibility of the Marin County public services agency. All such roads are public roads and make up the county-maintained road system.

"Cul-de-sac" means a road open at only one end; a dead-end road.

"Director" means the director of the department of public works of the county of Marin, acting either directly or through his or her authorized representative, unless otherwise stated.

"Driveway" means the vehicular way providing access to a property from a road, normally terminating at a designated on-site parking area.

"Driveway approach" means that portion of a driveway within the street right-of-way between the edge of pavement of the street and the property line.

"Driveway culvert" means a conduit placed under the driveway approach for the purpose of passing roadside drainage under the approach.

"Easement" means a right held by one or more specific persons or entities to a limited use of all or part of a property owned by another. An easement gives the right of use for a specific purpose but does not constitute ownership.

"Facility." As used in this title, the term "facility" (as in existing or appurtenant facilities) means the systems covered by this title (e.g., roads, drainage systems) and any and all structural, physical or topographical elements or features that make up the systems (e.g., pavement, curb, gutter, sidewalk, drop inlets, conduits and channels, bridges, signs, signals, etc.).

"Interceptor ditch" (also called a V ditch) means a ditch constructed across a slope to intercept surface sheet flow drainage.

"Maintenance agreement" means a contract between owners of properties served by a common driveway and/or other common area or facilities which defines the responsibilities and procedure for maintaining the common portion of the driveway and/or other area or facilities. Such agreements run with the land and are not voided by a change of ownership.

"Non-maintained road" means a road, public or private, the maintenance of which is not the responsibility of the agency. Such roads may receive some maintenance by the users, but not by the agency.

"P.C.C." means Portland cement concrete.

"Phase II stormwater permit" means the NPDES general stormwater permit applicable to the County of Marin, Water Quality Order No. 2013-0001—DWQ, General Permit No. CAS000004, and any subsequent

amendment, reissuance or successor to this NPDES permit.

"Private road" means a road over which the general public has no right to pass and the easement for which is not subject to a current offer of dedication to a public agency.

"Public road" means a road over which the general public has the right to pass. The right-of-way for a public road has been offered for dedication to the county or the public by deed, subdivision map, other document or operation of law and has been accepted by formal action, implied acceptance or public user. A public road may be subject to public use but not be part of the county-maintained road system.

"Registered" means a professional licensed to practice in the state of California (e.g., architect, engineer, land surveyor).

"Right-of-way" means the strip of land within which a public road is or will be contained and which is defined by the offer of dedication document. It is almost always wider than the actual physical road and is in no case less wide.

"Road." Used interchangeably with "street" and means the actual physical surface or way over which vehicles pass. This does not include curbs, gutters, sidewalks or unpaved shoulders.

"Turnaround" means an enlarged or otherwise enhanced area of a road, driveway or parking area designed to allow vehicles to reverse direction safely and with relative ease.

"Turnout" means a section of a driveway or road constructed wider than the remainder to allow two vehicles to pass each other.

"Uniform construction standards (UCS)" means the drawings contained in the current volume of "The Uniform Construction Standards, Approved and Adopted by Cities of Marin and County of Marin." This volume is available from the agency.

(Ord. 3181 § 5 (part), 1994)

(Ord. No. 3631, § III, 2015)

I. - ROADS

24.04.020 - General.

All new roads shall be constructed to the standards set forth in this chapter except as otherwise provided herein. These individual standards notwithstanding, the design of a road shall take into account the combined effect of the individual elements (e.g., centerline radii, grade, cross-slope) in making up the total road. Care shall be taken to avoid combining individual design elements at the extreme limits of acceptability along the same section of road. Where this is necessary due to severe physical, right-of-way or other constraints, then design modifications and/or other mitigating measures may be required as determined appropriate by the agency. These measures may include but are not limited to additional width, longer radii, slope grading, vegetation removal, striping or other lane and/or road edge delineation, signs, signals and barriers. Under certain circumstances, reductions in these standards may be allowed in accordance with Section 24.15.010 of this title.

(Ord. 3181 § 5 (part), 1994)

The design criteria for a road shall be based on the classifications defined below. Use figures (i.e., units served and ADT) shall be based on the ultimate development of the area served by the road as defined by the Marin countywide plan and/or any general, specific or community plan applicable to the area.

"Arterial road" means all arterial roads as specified in the countywide plan or the Marin county annual road list, and other major roads with an actual or projected ADT over two thousand.

"Industrial commercial road" means a road providing access to, or through, an industrial or commercial zone or an area of high truck and/or other large vehicle traffic.

"Collector road" means a road with an actual or projected ADT from one thousand to two thousand.

"Residential road" means a road providing access to a generally residential area and which serves or may serve twenty or more dwelling units, and a maximum potential ADT of one thousand.

"Minor residential road" means a road providing access to a generally residential area and which serves or may serve seven to nineteen dwelling units, and a maximum potential ADT of five hundred.

"Limited residential road" means a road which serves two to six dwelling units, and a maximum potential ADT of one hundred fifty.

(Ord. 3181 § 5 (part), 1994)

24.04.035 - Design speed.

All roads except limited residential roads shall have a minimum design speed of twenty-five mph.

(Ord. 3181 § 5 (part), 1994)

The centerlines of all roads shall be continuations of the centerlines of existing roads in adjacent and contiguous territory. For cases in which straight continuations are not physically possible, such centerlines may be continued by curves, and shall be in general conformity with the plans made for the most advantageous development of the area in which the development lies.

(Ord. 3181 § 5 (part), 1994)

The centerline radii of all roads shall be designed in general accordance with the procedures contained in the current edition of the CalTrans Highway Design Manual.

(Ord. 3181 § 5 (part), 1994)

Vertical curves shall be used at any change in grade of one percent or more. The length of the vertical curve shall be determined according to the procedure contained in the current edition of the CalTrans Highway Design Manual or as required by the agency.

(Ord. 3181 § 5 (part), 1994)

(a)

Superelevation shall be provided where appropriate and as required by the agency. Where required it shall be in general accordance with the procedures contained in the current edition of the CalTrans Highway Design Manual. The maximum superelevation allowed shall be eight percent.

(b)

Where superelevation is not required, the cross-slope shall be a minimum of two percent and a maximum of eight percent. The road shall be either cross-sloped to the cut bank side or crown-sloped as required for proper drainage.

(Ord. 3181 § 5 (part), 1994)

(a)

Roads shall intersect each other as near to a right angle as is practical. Where several streets converge at one point, special approach treatment shall be provided to optimize driver sight distance and pedestrian safety. Provisions may include, but are not limited to, setback lines, special rounding, slope grading and/or vegetation removal. Block corners shall be rounded at the property line by a radius of not less than twenty feet and curb or pavement returns shall have a minimum radius of twenty-five feet.

(b)

Care shall be taken to avoid sight restrictions caused by the combined vertical alignments of two or more intersecting streets.

(c)

Design of intersections shall comply with Chapter 13.18, Visibility Obstructions, of the Marin County Code which prohibits sight obstructions including landscaping over thirty inches in height within defined areas adjacent to intersections.

(Ord. 3181 § 5 (part), 1994)

Where a development adjoins undeveloped property, provisions shall be made for adequate street access thereto.

(Ord. 3181 § 5 (part), 1994)

Where a development abuts upon an arterial road or other major road, a parallel service road or limited right of access to the arterial or major road may be required.

(Ord. 3181 § 5 (part), 1994)

Long blocks are generally encouraged, and are required adjacent to main thoroughfares for the purpose of reducing the number of intersections; however, blocks should not exceed twelve hundred feet in length.

(Ord. 3181 § 5 (part), 1994)

Alleys may be required in commercial or industrial areas where trucks stopping on the access streets would impede traffic flow and/or cause a traffic hazard.

(Ord. 3181 § 5 (part), 1994)

(a)

The following table sets forth the minimum widths for the improved section measured from face of curb to face of curb. Where no curb or berm is proposed the paved width shall be one foot greater than that listed to allow for edge striping and pavement edge raveling.

(b)

Additional width may be required for left turn storage, intersection widening, bus lanes and multipurpose pathways.

(c)

Shoulders shall be provided on each side of all roads. Shoulders shall normally be four feet wide although wider shoulders may be required as deemed appropriate by the agency.

(Ord. 3181 § 5 (part), 1994)

Grades shall not exceed six percent on arterial, industrial/commercial and collector roads, twelve percent on residential roads, or eighteen percent on minor and limited residential roads. Continuous steep grades shall be avoided.

(Ord. 3181 § 5 (part), 1994)

For all roads, both public and private, the following standards and restriction shall apply:

(a)

On the downhill side of the road, timber walls shall not be allowed.

(b)

On the uphill side of the road, timber walls may be allowed depending on site conditions, as determined by the agency, but shall not exceed three feet in height (measured from the road surface).

(c)

If the use of timber walls is allowed, pressure treated timbers shall be used and shall conform to the requirements of the standard specifications of the cities and county of Marin.

(d)

Notwithstanding the above criteria, the use of timber walls may not be allowed where the agency determines that the proposed location would present inordinately difficult problems for future repair and/or replacement.

(e)

Mitigation of the visual impact of walls may be required. Measures may include, but are not limited to, surface texturing, coloring and landscaping.

(Ord. 3181 § 5 (part), 1994)

Where any form of entry treatment (e.g., pillars, walls, signs) to a specific area is allowed, they shall be located at least five feet beyond the edge of pavement. In addition, where they would be located within the county maintained right-of-way, a recorded encroachment permit must be obtained to authorize their installation and provide for their maintenance.

(Ord. 3181 § 5 (part), 1994)

(a)

The end of a cul-de-sac road shall be provided with a turnaround using one of the designs shown in Figure 24-1. Type (a) or (b) may be used at the end of any road provided that the appropriate radius is used as shown below. Measurement shall be to face of curb or, where no curb is proposed, to six inches inboard of the proposed edge of pavement.

R = 30 feet for all residential roads

R = 60 feet for industrial/commercial roads

R = 40 feet for other roads

FIGURE 24-1: CUL-DE-SACS

==> picture [228 x 232] intentionally omitted <==

(b)

For all residential cul-de-sac roads where severe topographic and/or right-of-way constraints warrant, Types (c) or (d) turnarounds may be used where allowed by the director.

(c)

The slope in any direction for any turnaround should not be more than five percent and shall not be more than eight percent.

(d)

Where the street may be extended at some time in the future, a temporary turnaround shall be required and the stub end of the street shall be closed with an approved barricade or gate if a fire road or other such

access extends from the end of the paved road.

(e)

Alternatives and/or exceptions to the above standards may be considered, but shall be submitted to the appropriate fire department or fire protection district for review, comment, advice and mitigation suggestions.

(Ord. 3181 § 5 (part), 1994)

Islands within turnarounds will not be allowed on roads that are currently or are proposed to be countymaintained roads. On other roads they may be considered provided they are approved by the appropriate fire department or protection district and the agency. Where allowed, provisions must be made for longterm maintenance of the island landscaping or other architectural treatment.

(Ord. 3181 § 5 (part), 1994)

Curbs and gutters or berms shall be required adjacent to all parking lanes and where physical separation, delineation or stormwater control is necessary. P.C.C. curbs and gutters shall normally be required in order to minimize long-term maintenance. A.C. berms may be allowed where appropriate at the discretion of the agency.

(Ord. 3181 § 5 (part), 1994)

Surfacing shall consist of a minimum of two inches of A.C. over six inches of Class II aggregate base or an alternate of either P.C.C. or deep-lift A.C. Alternates are subject to the review and approval of the agency. Surfacing requirements within the rural corridor and coastal recreation corridor for roads serving only residential and agricultural property which is zoned into parcels of ten acres or larger may be reduced or waived except where the grade exceeds twelve percent.

(Ord. 3181 § 5 (part), 1994)

The roadbed design shall be based on a traffic index established by the agency and in accordance with the standard procedure used by CalTrans or such other method as is in general use and considered sound practice by the agency.

(Ord. 3181 § 5 (part), 1994)

All street names shall be subject to the approval of the planning commission, sheriff's office and the appropriate fire department or protection district. Duplication of existing names within the surrounding

community will not be allowed unless the streets are obviously in alignment with existing streets of the same names and not so far removed as to be confusing.

(Ord. 3181 § 5 (part), 1994)

At least one street name sign shall be placed at all street intersections. The word "Private" shall be placed on all name signs for private roads.

(Ord. 3181 § 5 (part), 1994)

Private roads shall be constructed to the standards specified in this chapter with the following additional requirements:

(a)

Private roads shall connect to public roads by means of a driveway approach or alternative feature, approved by the agency, which shall clearly define the limits of each.

(b)

When a private road is proposed to extend off of the end of a public road, the public road shall have a turnaround.

(Ord. 3181 § 5 (part), 1994)

II. - DRIVEWAYS

24.04.235 - General.

All new driveways shall be constructed to the standards set forth in this chapter except as otherwise provided herein. The following individual standards notwithstanding, the design of a driveway shall take into account the combined effect of the individual elements (e.g., centerline radii, grade, cross slope) in making up the total driveway. Care shall be taken to avoid combining individual design elements at the extreme limits of acceptability along the same section of driveway. Where this is necessary due to severe physical, easement or other constraints, then design modifications and/or other mitigating measures may be required as determined appropriate by the agency. These measures may include but are not limited to: additional width, longer radii, slope grading, vegetation removal, striping or other lane and/or road edge delineation, signs, signals and barriers. Under certain circumstances, reductions in these standards may be allowed in accordance with Section 24.15.010 of this title.

(Ord. 3181 § 5 (part), 1994)

Where a driveway intersects a road, every attempt shall be made to intersect at ninety degrees or as close to that angle as possible.

(Ord. 3181 § 5 (part), 1994)

A minimum driveway length of twenty feet should be provided from the front of the garage or parking structure to the back of sidewalk or to the edge of pavement where no sidewalk exists. A lesser length may be approved for constrained sites.

(Ord. 3181 § 5 (part), 1994)

The centerline radius of driveways extending in excess of one hundred fifty feet from a public or private road should not be less than forty feet and shall not be less than thirty feet.

(Ord. 3181 § 5 (part), 1994)

(a)

The minimum improved width of a driveway serving a single dwelling unit is twelve feet.

(b)

The minimum improved width of a driveway serving two to six dwelling units is sixteen feet. Subject to the review and approval of the agency, this may be reduced to a minimum of twelve feet along all or part of its length if extenuating circumstances exist. In evaluating a proposal for such a reduction, the amount of grading and tree removal and the height of any retaining walls necessary to obtain the full width shall be of paramount consideration.

When such a reduction is proposed the design shall be submitted to the appropriate fire department or protection district for review, comment, advice and mitigation suggestions. In addition, one or more turnouts may be required as determined appropriate by the agency.

(c)

A driveway which serves or may be extended in the future to serve more than six dwelling units shall be considered equivalent to a private road and designed accordingly. If the initial use of such a road will be by less than six units, then construction of the road may be done in phases as determined by the agency.

(d)

The minimum improved width of a driveway serving nonresidential uses shall be eighteen feet.

(Ord. 3181 § 5 (part), 1994)

The following standards and restrictions shall apply to all driveways:

(a)

For driveways serving one single-family residence, pressure treated timber walls are acceptable on both uphill and downhill sides of the driveway but shall not exceed three feet in height (measured from the driveway surface).

(b)

For common driveways, timber walls shall not be allowed on the downhill side of the road. On the uphill side of the road, pressure treated timber walls may be acceptable depending on conditions, as determined by the agency, but shall not exceed three feet in height (measured from the driveway surface).

(c)

If the use of timber walls is allowed, pressure treated timbers shall be used and shall conform to the requirements of the standard specifications of the cities and county of Marin.

(d)

Notwithstanding the criteria contained herein regarding the use of timber walls, the agency may disallow such use where it determines that the designated location for a proposed timber wall would present inordinately difficult problems for future repair and/or replacement.

(e)

Walls visible from the roadway and/or adjacent property may be required to incorporate aesthetic treatment measures to mitigate the visual impact including, but not limited to, surface texturing, coloring and landscaping.

(Ord. 3181 § 5 (part), 1994)

Common driveways for residential use are encouraged and should be used where appropriate. They shall be required where, as determined by the agency, such use will improve or maintain traffic safety on the street. Common driveways may also be allowed for nonresidential use where deemed appropriate by the agency. A maintenance agreement is required for the common portion of such driveways.

(Ord. 3181 § 5 (part), 1994)

Turnouts shall be required on driveways over one hundred fifty feet in length or if sight distance problems exist unless the driveway is at least sixteen feet in width. The number, location and dimensions of required turnouts shall be subject to the review and approval of the agency and shall be no less than eighteen feet wide (full driveway width) and sixty feet long including transitions.

(Ord. 3181 § 5 (part), 1994)

(a)

A turnaround may be required at the end of any driveway and/or adjacent to any parking area where, in the opinion of the Agency, the alignment, grade or street connection of the driveway is such that backing along the driveway or out onto the street would be inordinately difficult or dangerous. The alignment and dimensions of turnarounds shall be such as to allow the attainment of the desired direction by a standard sized car in no more than one movement.

(b)

See Section 24.04.390, Backout noses.

(Ord. 3181 § 5 (part), 1994)

Maximum gradient measured along the centerline should not be steeper than eighteen percent and shall not be steeper than twenty-five percent. Where a segment of a driveway has a grade exceeding eighteen percent, the length of that segment shall not exceed three hundred feet. Any two driveway segments with a grade greater than eighteen percent shall be joined by a flatter segment not exceeding fifteen percent grade and at least one hundred fifty feet in length. When the grade of any segment of a proposed driveway is to exceed sixteen percent, the appropriate fire department or protection district shall be consulted for comment, advice and mitigation suggestions. When a portion of a driveway is to be used to accommodate parking as required by this title, that portion must conform to the slope requirements of Section 24.04.400 of this title.

(Ord. 3181 § 5 (part), 1994)

The driveway vertical positions shall start at least four feet back from the edge of the adjoining road. Driveways sloping downhill from the road shall be constructed so as to prevent diversion of roadside drainage down the driveway.

(Ord. 3181 § 5 (part), 1994)

24.04.290 - Approaches.

(a)

Driveway approaches shall be constructed in accordance with the appropriate U.C.S. drawing unless prior approval to do otherwise is obtained from the agency. Approaches connecting to any road along a section with typical speeds over thirty-five mph or with severe sight distance limitations, as determined by the agency, may require modifications to the standard design.

(b)

All approaches shall be paved to the property line or for a distance of thirty feet, whichever is greater.

(Ord. 3181 § 5 (part), 1994)

(a)

Driveway culverts shall be a minimum fifteen inches in diameter and shall be aligned as approved by the agency. To prevent erosion and/or end crushing, headwalls or other protection may be required. Corrugated metal pipe may be used although the use of reinforced concrete pipe is recommended. High density polyethylene corrugated plastic pipe may be allowed if a minimum of twelve inches of cover is provided.

(b)

The repair, replacement, maintenance and periodic cleaning of driveway culverts and their appurtenant facilities are the responsibility of the property owner.

(Ord. 3181 § 5 (part), 1994)

When it is required that a driveway be paved, the pavement section shall consist of a base course approved by the agency covered with a minimum thickness of two inches of A.C. or three and one half inches of P.C.C. Driveways over eighteen percent grade shall be surfaced with P.C.C. and given a broomed or otherwise roughened finish.

(Ord. 3181 § 5 (part), 1994)

24.04.310 - Surfacing within city-centered corridor and village areas.

All driveways within the city-centered corridor and village areas shall be paved regardless of grade. The pavement section shall be in accordance with Section 24.04.300 of this title.

(Ord. 3181 § 5 (part), 1994)

24.04.320 - Surfacing outside city-centered corridor and village areas.

Driveways outside the city-centered corridor and village areas need not be paved except those sections over twelve percent in grade or along any section where paving is deemed necessary by the agency to provide a safe and adequate access. Where paving is not required, the driveway shall be surfaced with at least four inches of compacted crushed rock.

(Ord. 3181 § 5 (part), 1994)

III. - PARKING AND LOADING[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 3703, § II(Exh. A), adopted Dec. 18, 2018, repealed the former Div. III, §§ 24.04.330—24.04.410, and enacted a new division as set out herein. The former Div. III pertained to similar

subject matter and derived from Ord. 3181, § 5(part), adopted in 1994; amendment made during Aug. 1997 supplement; and Ord. No. 3522, §§ XIII—XV, adopted in 2009.

The purpose of this section is to:

(a)

Establish parking and loading standards for certain builds or uses hereafter created or established;

(b)

Establish standards that offer flexible means of minimizing the amount of land area devoted to parking of automobiles to reduce development costs;

(c)

Reduce the negative environmental impacts that can result from parking lots, driveways, and drive aisles within parking lots;

(d)

Reduce stormwater pollutant run-off and heat island effects;

(e)

Promote use of bicycles with safe and convenient bicycle parking; and

(f)

Conformance with applicable general, specific or community plan standards.

(Ord. No. 3703, § II(Exh. A), 2018)

The applicability of these parking and loading requirement is as follows.

(a)

New development. Unless otherwise specified, the parking and loading requirements of this section apply to all new buildings and to all new conditionally permitted uses in existing buildings.

(b)

Converted uses or improvements. If a project approved for one use is subsequently converted to another use that requires more than a ten-percent increase in the number of parking spaces, or if improvements are proposed for an existing property that require more than a ten-percent increase in the number of parking spaces, then parking shall be provided as required for the new or intensified use.

(Ord. No. 3703, § II(Exh. A), 2018)

(a)

Parking study. The amount and dimensions of required parking and loading spaces may be increased or decreased by the agency through design review or other appropriate process of the community development agency through an agency parking exception if supported by an independent parking study completed within the last three years, provided by the applicant or property owner. The parking study shall include, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking; and, for residential developments and mixeduse developments with a residential component, the effect of parking requirements on the cost of marketrate and subsidized developments and the lower rates of car ownership for low-, very-low-, and extremelylow-income individuals, including seniors and individuals with special needs. Such approvals shall include a finding citing the particular circumstances and reasons why the exception was made and may also include provisions for periodic review to establish actual parking needs and to allow for revision of the parking requirements.

(b)

Off-street residential parking. All residential parking and loading spaces shall be provided on the same site as the use to which they relate.

(c)

Design of facilities. Parking spaces shall be located so as to create a reasonably convenient and safe relationship for pedestrians between those spaces and destination of users of the spaces.

(d)

Parking spaces shall be independently accessible such that a vehicle may enter or exit any space without the necessity of moving another vehicle (except for tandem parking conforming to the standards found in this chapter). In multi-family residential projects, parking shall be located on the side or behind buildings or below grade relative to the fronting street, except where small parking areas of fewer than six spaces are located between buildings and vehicles are screened from view, or where the parking is within street-facing garages that serve individual units.

(e)

No compact parking spaces shall be allowed in providing the number of parking spaces required by this chapter.

(f)

Tandem parking. Tandem parking, meaning an area for two parked vehicles, where one vehicle is parked inline directly behind the other vehicle and both vehicles are parked facing the same direction is allowed only for residential uses. Two-car tandem parking spaces for the same residential unit and for accessory dwelling units in an existing driveway or in a setback area are permitted as specified in this section.

Vehicles using a tandem parking space shall not block, or be allowed to overhang into, walkways or other pedestrian access areas, or any street or other public right of way. Each tandem parking space shall be counted as two standard parking spaces toward the total amount of off-street parking spaces that shall be provided under this section.

(g)

Except for detached single-family dwellings and duplexes, all off-street parking and loading spaces shall be striped and provided with concrete bumper guards or wheel stops. A six-inch high concrete curb surrounding a landscape area at least five feet wide may be used as a wheel stop, provided that a vehicle overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the walkway width to less than the minimum required.

(h)

Parking and loading facilities shall be designed to provide for safe circulation of vehicular and pedestrian traffic including anticipated trucks within the parking area and adjacent streets. Direct backing into or out of a parking area from the street shall not be permitted except for single-family dwellings and duplexes on residential roads where it is determined safe to do so by the agency. Backing out of loading spaces into the street shall not be permitted. See Sections 24.04.277, "Turnarounds," and 24.04.390, "Backout noses".

(i)

Where a parking space abuts a landscaped area edged by a curb which is to act as a wheel stop, then a two-foot overhang may be included in measuring the parking space length. No such allowance shall be made for designated accessible spaces or where the location or type of the proposed landscaping and/or irrigation system would prevent such use.

(j)

Nonconforming parking or loading. An existing use of land or structure shall not be deemed to be nonconforming solely because of a lack of on-site parking and/or loading facilities or a parking design or parking area landscaping, as required by this chapter, provided that the number of spaces used for on- site parking and/or loading as of the date of adoption of this code section are not reduced in number to less than what this chapter requires.

(k)

Pedestrian circulation. Parking lots containing thirty or more spaces shall provide a safe and convenient pedestrian connection between the principal building or buildings served by the lot to the farthest point of the lot from the main pedestrian entrance of such building or buildings.

(1)

Walkways shall provide at least four feet of unobstructed width and be hard-surfaced.

(2)

Pedestrian walkways shall be firm, stable, and slip-resistant and clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, curb separation, different paving material, pavement coloring or marking, or another acceptable method of delineation.

(3)

Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it shall be raised and separated from the travel lane by a raised curb at least six inches high, bollards, or other physical barrier.

(l)

All new parking lots for both residential and nonresidential projects shall be landscaped as required by the Community Development Agency and applicable zoning requirements. For multifamily residential parking areas with more than fifteen vehicles parking spaces in total, at least fifty percent of the interior of the parking areas, excluding perimeter landscaping, shall be shaded by either a shade structure of lightcolored materials with a Solar Reflectance Index of at least twenty-nine, a shade structure with solar panels, or by trees. If shade is provided by trees, the amount of required shading is to be reached within fifteen years for the tree type.

For multifamily residential parking areas with more than fifteen vehicle parking spaces in total, stormwater best management practices shall be utilized. Best management practices may include but are not limited to:

(1)

Swales arid/or bioretention basins between parking bays, at the end of parking bays, or at the edge of parking lots to treat stormwater runoff;

(2)

Cross-grades designed for slower stormwater flow and to direct stormwater toward landscaping, bioretention areas, or other water collection/treatment areas; and

(3)

Curbs designed to allow stormwater runoff to pass through.

(Ord. No. 3703, § II(Exh. A), 2018)

(a)

Residential parking standards. For all residential developments, both rental and owner-occupied, the following minimum standards shall apply.

Minimum off-street parking spaces shall be provided for buildings or uses according to Schedule 24.04.340(A). Parking studies may be required where the following standards may not be appropriate to the specific project proposed, and parking exceptions may be granted for some or all of the following

standards based on the parking study. When the total number of required spaces calculates to a fraction of a space, the number of required spaces shall be rounded up to the next whole number.

(b)

Residential bicycle parking. Class 1 long-term and Class 2 short-term bicycle parking shall be provided according to the following standards—single family detached residences and duplexes are exempt. Class 1 long-term bicycle parking is intended to be used for periods of time that are longer than two hours and are targeted to residents, employees and other long-term users. Class 2 short-term bicycle parking is intended to be used for periods of time that are two hours or less. When the total number of required spaces calculates to a fraction of a space, the number of required spaces shall be rounded up to the next whole number.

Bicycle parking locations. Class 1 short-term bicycle parking shall be located with direct access for bicycles without requiring use of stairs. The design shall provide safe and convenient access to and from bicycling facilities. Class 2 spaces shall be located in a visible location and, as feasible, near all main pedestrian entries to the use to which they are accessory. Class 2 bicycle parking may be on a sidewalk or in place of an on-street vehicle parking space, within one hundred feet of a main entry to the building, subject to approval of the director of public works.

(c)

Electric vehicle (EV) charging stations. For all new multifamily construction and for multifamily alterations and additions, the minimum number of parking spaces that are EV ready and EV capable, meaning have the electrical service capacity install to provide required charging voltage, shall be provided as required by the Marin County Code Title 19 (Building Code), Chapter 19.04, Subchapter 2. Such spaces shall be counted towards the parking requirements of this section

Schedule 24.04.340-A: Minimum Automobile and Bicycle Parking Standards for Residential Development

Notes:

1. When the total number of required spaces calculates to a fraction of a space, the number of required spaces shall be rounded up to the next whole number.

2. Senior citizen housing refers to age-restricted housing designed for and occupied by senior citizens and consistent with the definitions in California Civil Code Sections 51.2, 51.3, and 51.4.

3. Housing overlay designation as defined in the 2007 Marin Countywide Plan.

4. This requirements shall not be imposed if: the accessory dwelling unit is located within one half mile of a public transit stop; the accessory dwelling unit is located within an architecturally and historically significant historic district; on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; there is a car-share vehicle pick-up and drop-off site located within one block of the accessory dwelling unit; the accessory dwelling unit is no more than five hundred square feet in floor area and contained entirely within the same building as the primary residence; or a parking exception has been approved by the department of public works.

(d)

Reductions in residential parking standards. The above parking standards may be reduced as provided below.

(1)

Senior citizen housing. The amount of parking required for senior citizen housing (senior citizen housing refers to age-restricted housing designated for and occupied by senior citizens and consistent with definitions in California Civil Code Section 51.2, 51.3, and 51.4) may be reduced by up to 50 percent of that required as the base standard, where deemed appropriate by the agency and where the applicant can demonstrate that a reduction is warranted based on the type of senior citizen housing proposed. If a project approved for senior citizen housing is later converted to another use, then parking shall be provided as required for the new use.

(2)

Housing overlay designation. The amount of parking required for projects in the housing overlay designation, as defined in the 2007 Marin Countywide Plan, may be reduced by up to fifty percent of that required as the base standard, where deemed appropriate by the agency and where the applicant can demonstrate that a reduction is warranted based on the type of housing proposed.

(e)

Affordable housing. See Section 22.24.030(B) of the Marin County Municipal Code.

(1)

Affordable housing near transit. If a development includes the maximum percentage of extremely-low-, very-low-, or low-income units provided for in Section 22.24.030(B) and is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resource Code, and there is unobstructed access to the major transit stop from the development, then upon the request of the developer, the vehicular parking ratio, inclusive of accessible and guest parking, shall not be required to exceed 0.5 spaces per bedroom or the ratios set below, whichever are lower. For purposes of this

paragraph, a development is considered to have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

If a development consists solely of rental units, exclusive of a manager's unit(s), with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code, then, upon the request of the developer, the number of required parking spaces, inclusive of accessible and guest parking, shall not exceed the following ratios:

(i)

If the development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development: one-half space per unit.

(ii)

If the development is a for-rent housing development for individuals who are sixty-two years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code: one-half space per unit, provided the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

(iii)

If the development is a special needs housing development, as defined in Section 51312 of the Health and Safety Code: the ratio shall not exceed three-tenths of one space per unit. The development must have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

(2)

Transit-rich areas. The amount of parking required for projects within one-half mile of a major transit stop, meaning an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods, may be reduced by up to fifty percent of that required as the base standard by this section, where the applicant can demonstrate that a reduction is warranted based on the accessibility of goods, services, and transportation options, including transit and carshare. This provision does not apply to detached single-family and duplex units of less than one thousand five hundred square feet in size, which must provide at least one parking space per unit, and detached single- family and duplex units greater than one thousand five hundred square feet in size, which must provide at least two parking spaces per unit.

(f)

Non-residential parking standards. For ail nonresidential developments, the following minimum standards shall apply:

(1)

Minimum spaces. Minimum off-street parking spaces shall be provided for buildings or uses according to Schedule 24.04.340(B). Parking studies may be required for unique uses or where the following guidelines may not be appropriate to the specific project proposed.

(2)

Non-residential bicycle parking. In all non-residential developments with direct access to an existing or planned class I bike lane, class II bike path, or class III bike route, bicycle parking shall be provided as required by this section.

(3)

Electric vehicle (EV) charging stations. For all new non-residential construction and for nonresidential alterations and additions modifying the parking area, the minimum number of parking spaces that are EV ready and EV capable, meaning have the electrical service capacity install to provide required charging voltage, shall be provided as required by the Marin County Code Title 19 (Building Code); see Chapter 19.04, Subchapter 2. All such spaces shall conform to the accessibility standards established in the California Building Code. Such spaces shall be counted towards the parking requirements of this section.

(i)

Size. Electric vehicle charging stations shall meet the minimum size standards established in state regulations.

(ii)

Signage. Each electrical vehicle charging stations shall be clearly marked with a sign reading "Electrical Vehicle Charging Station" and the associated California Vehicle Code restrictions, and only a vehicle that is connected for electric charging shall be allowed to park in the stalls or spaces so designated.

(g)

Marinas. As general guidelines, marinas should provide two spaces per floating home berth and one space per transient vessel berth, such berths as defined in Chapter 11.20 of this code. These guidelines do not include additional requirements for launching facilities. Parking studies may be required to better determine parking demand.

(h)

Schools. As general guidelines, nursery schools should provide four spaces per classroom and elementary schools (K-8) should provide three spaces per classroom. Parking studies may be required for these and other schools as necessary to determine actual parking requirements. In addition to required parking, schools shall have an off-street passenger loading area of an appropriate size as determined by the agency.

(i)

Uses not specifically listed.Uses not specifically listed shall be as required by the agency based upon the characteristics of the specific use and their comparability with the listed categories. Parking studies may be required where new buildings are proposed but the type of use is not known, the most intensive use possible (recognizing the use limitations of the property zoning) shall determine the parking requirements.

(Ord. No. 3703, § II(Exh. A), 2018)

Parking bays shall not be allowed on roads which are or are proposed to be county-maintained roads.

(Ord. No. 3703, § II(Exh. A), 2018)

Designated accessible parking and related facilities shall be provided in accordance with federal and state requirements.

(Ord. No. 3703, § II(Exh. A), 2018)

24.04.370 - Required loading spaces.

Off-street loading spaces shall be provided for buildings according to the following schedule:

Gross Floor Area

Small spaces shall be twelve feet by twenty-five feet. Large spaces shall be twelve feet by forty-five feet.

(Ord. No. 3703, § II(Exh. A), 2018)

Refer to Figure 24-2.

(a)

Head-in parking spaces shall be a minimum eight and one-half feet by eighteen feet. Parallel spaces shall be a minimum eight feet by twenty feet. For constrained locations such as garages serving single-family dwellings, spaces shall be a minimum nine feet by twenty feet.

(b)

Designated accessible space. Per federal and state standards.

(c)

Aisle width.

12 feet

20 feet

45 degrees or less

FIGURE 24-2: PARKING DIMENSIONS

==> picture [216 x 210] intentionally omitted <==

(d)

Parallel parking. In parking lots, parallel parking shall only be allowed on through aisles. A parallel space may be reduced to eighteen feet in length when it abuts an area where no parking space exists such as a driveway or fire hydrant.

(Ord. No. 3703, § II(Exh. A), 2018)

(a)

For all residential parking areas and for parking lots except those serving single-family dwellings and duplexes, backout noses or turnarounds shall be provided to accommodate spaces located at the end of the access aisle or where otherwise necessary for maneuvering.

(b)

The alignment and dimensions of backout noses or turnarounds shall be such as to allow the attainment of the desired direction by a standard sized car in no more than one movement.

(c)

See Subsection 24.04.335(h), Parking and loading.

(Ord. No. 3703, § II(Exh. A), 2018)

The maximum cross-slope or grade of a parking area should not be more than five percent and shall not be more than eight percent. Parking stalls should slope towards the curb or wheel stop.

(Ord. No. 3703, § II(Exh. A), 2018)

All open residential parking areas designed to accommodate ten or more vehicles shall be provided with exterior lighting in accordance with other titles of this code that generally meets the following standards:

(a)

Access drives, aisles, passageways, and parking and internal circulation areas shall be illuminated with intensities of at least one-quarter of one foot-candle at the ground level during the hours of darkness. Motion detectors to restrict certain lighting to times of use may be approved if there is adequate safety and security lighting where needed.

(b)

Energy efficient lighting (high pressure sodium fixtures) shall be used.

(c)

Light bollards or similar low-level (less than ten feet in height) small-scale lighting fixtures should be used to provide a safe level of illumination for pedestrian walkways in or leading to parking areas. Their form, texture and color shall be compatible with the architectural character of the adjacent structures.

(d)

Lighting fixtures shall be shielded so as not to produce obtrusive glare on the public right of way or adjoining properties. All luminaries shall meet the most recently adopted criteria of the Illuminating Society of North American (IESNA) for "full cut off" luminaries.

(Ord. No. 3703, § II(Exh. A), 2018)

IV. - SIDEWALKS AND PEDESTRIAN PATHS

General provisions for pedestrian circulation shall be provided as required in this chapter.

(Ord. 3181 § 5 (part), 1994)

Provisions for persons with disabilities shall be included in the design of all new sidewalks and pedestrian paths in accordance with federal and state standards.;hn0;(Ord. 3181 § 5 (part), 1994)

(Ord. No. 3522, § XVI, 2009)

Editor's note— Ord. No. 3522, § XVI, adopted 8-11-2009, renamed former § 24.04.435, entitled "Handicapped provisions" to "Disability provisions relating to public sidewalks", as set out herein.

Sidewalks shall be provided in conformance with any applicable general, specific or community plan which has been adopted by the county. In addition, the following general standards shall apply:

(a)

Sidewalks shall be required on both sides of all roads within residential areas where densities will be equal to or ultimately exceed four units per acre.

(b)

Sidewalks shall be required on only one side of each road within a residential area where densities will be less than four units per acre.

(c)

Pedestrian paths of an acceptable width may also be required through the center of long blocks; to provide access to schools, parks, playgrounds, open space, and other public areas; to river, lake, bay and ocean frontages; to connect cul-de-sac streets and where otherwise necessary as determined by the agency and/or the community development agency. If located outside of the right-of-way of a county-maintained road, provisions must be made for their maintenance.

(d)

Sidewalks may be eliminated on one or both sides of streets where it is found that topography, density or other circumstances makes them impractical as determined by the agency.

(e)

Sidewalks shall be required on both sides of all roads in industrial, commercial and business districts.

(f)

Safe and reasonably direct pedestrian access shall be provided between residential subdivisions and transit stops where feasible.

(Ord. 3181 § 5 (part), 1994)

Sidewalks within the city-centered corridor shall be paved at least four feet in width adjacent to a curb, and at least four and one-half feet in width when separated from a curb. Additional paved width may be required in areas with potentially high pedestrian volumes such as near schools, places of public assembly, commercial areas and in the vicinity of senior citizen housing or convalescent hospitals.

(Ord. 3181 § 5 (part), 1994)

Unless otherwise provided for in an adopted community plan, sidewalks within commercial and business sections of the village areas shall be paved at least four feet in width adjacent to a curb, and at least four and one-half feet in width when separated from a curb. Paved sidewalks may be required in areas with high pedestrian volumes, such as near schools and places of public assembly or in the vicinity of senior citizen housing or convalescent hospitals. Unpaved pedestrian walks at least four feet in width shall be required elsewhere.

(Ord. 3181 § 5 (part), 1994)

Where paved sidewalks are required the paving shall be four inches of P.C.C. where there is P.C.C. curb and gutter. In areas where there is no P.C.C. curb and gutter, paving may be two inches of A.C. over at least four inches of compacted base rock contained within header boards. Where an unpaved pedestrian walk is required, it shall be surfaced with at least four inches of compacted base rock contained within header boards.

(Ord. 3181 § 5 (part), 1994)

Sidewalks may be located adjacent to or separated from the edge of the road but shall abut the edge of the road at intersections.

(Ord. 3181 § 5 (part), 1994)

Sidewalk grades shall not exceed eighteen percent. Steps may be required in special instances.

(Ord. 3181 § 5 (part), 1994)

(a)

No poles, grates, covers, fire hydrants or other obstructions are allowed within a sidewalk. Utility boxes and other flush facilities may be allowed within a sidewalk if their location and nature are deemed safe by the agency.

(b)

If the postal service requires that mailboxes be located adjacent to the curb then the sidewalk shall be either separated from the curb or wide enough to provide a four-foot unobstructed width.

(c)

The location of any collection boxes required by the postal service and any multiple mailbox stations must be shown on the development plans and are subject to the review and approval of the agency.

(Ord. 3181 § 5 (part), 1994)

V. - MULTIPURPOSE PATHWAYS

Multipurpose pathways (e.g., bicycle, equestrian, jogging) may be required when deemed appropriate by the agency and/or the community development agency or as specified within the Marin Countywide Plan or any other adopted plan. Such pathways shall be designed in accordance with the CalTrans standards and specifications contained in the current edition of "Planning and Design Criteria for Bikeways in California" except for such modifications as may be allowed or required by the agency to address a specific circumstance.

(Ord. 3181 § 5 (part), 1994)

VI. - DRAINAGE FACILITIES

(a)

Where, in the opinion of the agency, hydrologic and hydraulic design considerations exist, the design engineer shall provide calculations, references, model studies, reports, watershed topography, and other pertinent information as deemed necessary by the agency to confirm the design.

(b)

Hydrologic and hydraulic designs shall be predicated upon the ultimate development of the tributary watershed as defined by the Marin Countywide Plan and/or any general, specific or community plan applicable to the watershed.

(c)

Hydrologic and hydraulic analyses used in the design of waterways, channels and closed conduits shall be based upon the one hundred-year storm. Closed conduit systems must pass seventy percent of the one hundred-year flow as open channel flow with no head allowed at the inlet. The remaining thirty percent may be allowed to enter the conduit with head over the inlet provided that a minimum of two feet of freeboard is maintained in all inlet structures.

(d)

Open channel systems shall be designed to carry the one hundred-year flow with a minimum freeboard equal to the velocity head. Bridges and utility crossings which span open channel waterways shall have a minimum clearance of two feet between soffit and the one hundred-year flow elevation.

(Ord. 3181 § 5 (part), 1994)

Structures shall be designed and constructed such that hydraulic conditions in the upstream and downstream waterway will not be altered in a way which would cause degradation, erosion or other undesirable effects.

(Ord. 3181 § 5 (part), 1994)

(a)

Minimum Radii. Centerline radii for curves in constructed channels and waterways shall be a minimum of three times the top width of the channel.

(b)

Side Slopes. Unlined channels or loose rock rip-rapped channels shall have side slopes no steeper than two to one. Lined channels shall have side slopes no steeper than one and one-half to one unless designed structurally to resist all lateral loads applied to the bank lining. Channels shall have flatter side slopes if soil instability appears probable from field investigation. Design of slopes in unstable soils shall be predicated upon results of an investigation by a registered civil engineer experienced in geotechnical engineering or a registered engineering geologist. Earth channels, in sections not otherwise protected, shall be planted with an approved vegetative cover to the top of the channel banks.

(c)

Superelevation. The superelevated water surface plus freeboard must be accommodated at all curves.

(Ord. 3181 § 5 (part), 1994)

(a)

Minimum Size. Conduits shall be a minimum of fifteen inches in diameter except for subdrains, roof leaders, yard drains or other minor lot drains.

(b)

Entrances. Entrance structures shall be designed to allow passage of water with anticipated debris loading. Debris barriers may be required as deemed appropriate by the agency.

(c)

Alignment. The alignment of closed conduits shall be as nearly straight as practicable. Manholes or some other means of access acceptable to the agency shall be provided at or near all junctions, at all bends which are sharper than those formed by standard single bevel concrete pipe, and at intervals not to exceed four hundred feet along the conduit.

(d)

Catch Basins. Catch basins shall be side opening wherever possible and shall normally be UCS Type "C." If the gutter slope exceeds three percent, a drainage gallery shall be used to direct the flow into the catch basin. Gallery length shall depend on the respective gutter slope. If practical, gutter flow should be intercepted uphill of crosswalks, and/or on the uphill side of the curb returns.

(e)

Gradients. The gradient for unlined ditches shall be such that the velocity of flow will not erode the ditch. This will vary depending on the soil type. The gradient of lined ditches shall be steep enough to make the ditch self-cleaning of the type of debris loading expected from the upslope area. A sharp flattening of grade shall not be allowed. The minimum gradient for any drainage ditch is two percent and the minimum gradient for a gutter is 1.0 percent.

(f)

Interceptor Ditches. Interceptor ditches shall discharge into a downdrain as often as is practical. The flow in any section of ditch, wherever practicable, should not exceed one c.f.s. for a one hundred-year storm.

(g)

Structural Design. Closed conduits, including nonreinforced and cast-in-place concrete pipe, shall be structurally designed to withstand earth and surcharge loads normally anticipated to be imposed thereon. Clearance between top of pipe and ground surface shall be sufficient to preclude displacement of or damage to the conduit by all expected surface loading.

(h)

Conduit Materials. Conduits shall be designed to have a minimum useful life of fifty years. Reinforced concrete pipe is required within road rights-of-way and public easements except that galvanized metal conduit is acceptable for subdrains, driveway culverts and outlets into open waterways when extra protection is provided to prolong the life of the conduit. In the event of corrosive and/or abrasive conditions, metal conduits shall have additional protective coatings. Plastic pipe may be allowed for certain applications at the discretion of the agency.

ublic easements except that galvanized metal conduit is acceptable for subdrains, driveway culverts and outlets into open waterways when extra protection is provided to prolong the life of the conduit. In the event of corrosive and/or abrasive conditions, metal conduits shall have additional protective coatings. Plastic pipe may be allowed for certain applications at the discretion of the agency.

Closed conduits outletting into open channels or waterways shall be galvanized corrugated metal pipe, with appropriate protective coating or approved equal, for approximately the last twenty feet immediately upstream from the outlet. Plastic pipe may be used for such applications where approved by the agency. Such pipes shall be one size larger than the original conduit and shall be connected by slipping the larger conduit over the smaller a minimum of one foot and securing with a minimum six-inch reinforced concrete collar (see UCS A270) or approved equal.

(i)

Outlets. The location of all drainage system outlets and appurtenant facilities shall be subject to the review and approval of the agency and shall discharge in an area of stable soil, an improved roadway or a natural or manmade drainage system.

Excessive outlet velocities shall be limited and controlled with energy-dissipating facilities if deemed necessary by the agency. Endwalls or other slope protection may be required.

(Ord. 3181 § 5 (part), 1994)

All structures shall be set back from creeks, channels or other major waterways at least twenty feet from the top of bank or twenty feet plus twice the channel depth measured from the toe of the near embankment, whichever is greater.

(Ord. 3181 § 5 (part), 1994)

VII. - SUBSIDENCE

(a)

The following minimum N.G.V.D. elevations, after ultimate subsidence, shall generally apply:

(b)

These minimum elevations apply to areas immediately adjacent to tidal influence which are unaffected by stormwater runoff. The minimum elevations may be increased to accommodate stormwater runoff, wind and/or wave action and reasonable freeboard as required by the agency. At the discretion of the agency, special studies or analyses may be required, performed by a registered civil engineer or other qualified professional, in order to establish minimum elevations necessary for flood protection.

(c)

The above notwithstanding, all improvements shall meet the elevation and construction requirements, if any, of Chapter 23.09 of the Marin County Code, Floodplain Management. All site and grading plans must show presettlement and post-settlement elevations.

(Ord. 3181 § 5 (part), 1994)

Ultimate subsidence means that subsidence which is predicted to occur over a one hundred-year period commencing with the completion of construction. Where conditions warrant, the agency may either extend or reduce this period.

(Ord. 3181 § 5 (part), 1994)

In areas expected to subside, all new structures shall have foundations designed to accommodate raising and/or leveling of the structure.

(Ord. 3181 § 5 (part), 1994)

Wherever a minimum elevation is stated, it shall be based on the National Geodetic Vertical Datum (N.G.V.D.), and shall refer to the elevation predicted after ultimate subsidence has taken place.

(Ord. 3181 § 5 (part), 1994)

VIII. - GRADING

(a)

Except as herein modified, all grading shall conform to the requirements of Chapter 23.08, Excavating, Grading and Filling, of the Marin County Code and all terms and words used herein are as defined in Chapter 23.08 and Chapter 23.18.

(b)

Grading shall be held to a minimum. Grading shall be permitted only where the developer clearly demonstrates every reasonable effort has been made to retain the natural features of the land to the maximum extent possible, e.g., skyline and ridge tops, rolling land forms, knolls, significant native vegetation, trees, rock outcroppings, streambeds and watercourses.

(c)

Depending on the nature and extent of the proposed grading, the agency may require plans, specifications, surface and/or subsurface exploration, geotechnical reports, material testing and any other information deemed necessary by the agency for the proper evaluation of the proposed grading. Such plans, specifications, etc., shall be prepared by registered professionals as required by the agency.

(Ord. 3181 § 5 (part), 1994)

(Ord. No. 3631, § III, 2015)

(a)

All disturbed surfaces, including, but not limited to, cut and fill slopes, building pads, driveways and areas cleared of vegetation, shall be protected against erosion and sediment discharges by measures that the

agency determines to be appropriate to the site, phase of construction and time of year.

(b)

When required by the phase II stormwater permit or by the agency, a project shall have an erosion and sediment control plan (ESCP) which addresses erosion and sediment control, and pollution prevention during the construction phase, as well as final stabilization control measures. The ESCP and the specific control measures to be utilized shall be subject to the review and approval of the agency. The ESCP shall be implemented year round and shall be revised to reflect changing conditions on the project site. The agency shall require modifications of an approved ESCP if, during the course of construction at a site, unanticipated conditions occur or the plans prove inadequate for the intended purpose. Revisions of the approved ESCP shall be submitted to the agency for review and approval. An erosion and sediment control plan (ESCP) shall be required for any project:

1.

Subject to a grading permit under Chapter 23.08 Excavating, Grading and Filling.

2.

Subject to a building permit or other permit where the agency determines that the project has the potential for significant erosion and/or significant non-stormwater discharges of sediment and/or construction site waste.

3.

Where the graded portion of the site includes more than ten thousand square feet of area having a slope greater than fifteen percent.

4.

Where grading will occur fifty feet from the top of bank of any watercourse at locations within the "citycentered corridor" or one hundred feet from the top of bank of any watercourse at locations within the "inland rural corridor" as identified within the Marin countywide plan.

(c)

The agency has the authority to review designs and proposals for construction activities to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final site stabilization.

(d)

Grading operations shall not be conducted during the rainy season (October 15 through April 15) without prior approval from the agency. Such approval shall only be given upon clear demonstration, to the satisfaction of the agency, that at no stage of the work will there be any substantial risk of increased sediment discharge from the site. When grading operations are permitted during the rainy season, a phasing plan and work schedule shall be required to ensure that the smallest practicable area of erodible land is exposed at any one time and the time of exposure is minimized. The phasing plan and work

schedule must be approved by the agency as part of the ESCP prior to the start of grading or prior to October 1 at the discretion of the agency.

(e)

The ESCP shall be submitted for review and approval by the agency and shall include information required in the most recent version of the MCSTOPPP ESCP Standard Template.

At a minimum, an ESCP shall include:

1.

Description of the proposed project and soil disturbing activity.

2.

Site specific construction-phase best management practices (BMPs).

3.

Rationale for selecting the BMPs.

4.

List of applicable outside agency permits associated with the soil disturbing activity, such as: Construction General Permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality Certification; Streambed/Lake Alteration Agreement (1600 Agreements).

(f)

For any project required to have an ESCP, proof shall be submitted to the agency that the applicant has obtained the applicable outside agency permits associated with the soil disturbing activity prior to the issuance of a permit.

(g)

Construction-phase BMPs include erosion and sediment controls and pollution prevention practices. Erosion control BMPs may include, but are not limited to, scheduling and timing of grading activities, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation of erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses, and installation of

construction entrances to prevent tracking of sediment onto adjacent streets. Pollution prevention practices may include: designated washout areas or facilities, control of trash and recycled materials, covering of materials stored on-site, and proper location of and maintenance of temporary sanitary facilities. The combination of BMPs used, and their execution in the field, must be customized to the site using up-todate standards and practices. The agency will provide references to current guidance manuals and BMP information on request.

(h)

In addition to the agency requirements, a project may require coverage under the general construction activity stormwater permit issued by the state water resources control board (SWRCB). If required, then permit registration documents must be filed with the SWRCB for said coverage and a copy of the waste discharge identification number must be submitted to the agency prior to issuance of an agency permit for construction. The applicant may submit the stormwater pollution prevention plan (SWPPP) required by the general construction activity stormwater permit in lieu of the ESCP provided it meets the requirements of the ESCP.

(i)

Financial security may be required to ensure that temporary measures to control stormwater pollution are implemented and maintained during construction and after construction for a period determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.

(j)

When any work is being done contrary to the provisions of this article, the agency may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the agency authorizes the work to proceed. This remedy is in addition to and do not supersede or limit any and all other remedies, both civil and criminal provided in the Marin Municipal Code.

(k)

All construction plans and applications for construction activity submitted to the county shall consider the potential for erosion and sedimentation and the discharge of construction wastes and contaminants from construction materials, tools and equipment at the construction site, and shall include appropriate erosion and sedimentation controls.

(l)

Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading permit, or other permit issued by the agency for a project subject to this section.

(Ord. 3486 § 2 (part), 2008; Ord. 3181 § 5 (part), 1994)

(Ord. No. 3631, § III, 2015)

24.04.627 - Permanent stormwater controls for new and redevelopment.

The agency may require, as a condition of project approval, permanent controls designed to remove sediment and other pollutants and to mimic the pre-project site hydrology by controlling the flow rates and/or the volume of stormwater runoff from the project's added and/or replaced impervious surfaces. These controls may include limits on impervious area. The selection and design of such controls shall be in general accordance with criteria established or recommended by federal, state, and local agencies, and where required by the agency, the BASMAA Post Construction Manual. Where physical and safety conditions allow, the preferred control measure is to retain drainage ways above ground and in as natural a state as possible or other biological methods such as bioretention areas. Where required by the phase II

stormwater permit provision E.12, or where required by the nature and extent of a proposed project and where deemed appropriate by the agency, every applicant shall develop, submit and implement a stormwater control plan (SCP) as described below:

Stormwater control plan (SCP) requirements:

(a)

The SCP shall follow the appropriate SCP template, based on project type, in the most recent version of the BASMAA Post Construction Manual.

(b)

The specific practices proposed in the SCP shall be subject to the review and approval of the agency and shall be in general accordance with the BASMAA Post Construction Manual, and the phase II stormwater permit.

(c)

The SCP is separate and distinct from the ESCP requirements described in Section 24.04.625.

(d)

All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines for bioretention facilities are outlined in the BASMAA Post Construction Manual.

(e)

Where required by the agency, as a condition precedent to the issuance of a building permit, the applicant shall submit a preliminary stormwater facilities operation and maintenance plan (O&M plan). The approval of the O&M plan by the agency is required prior to final inspection and approval of building permit closure.

(f)

All stormwater management facilities shall be maintained according to the approved O&M plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. The plan shall require that stormwater management facilities be inspected by those responsible for maintenance at least annually. The O&M plan shall also describe how the maintenance will be funded. Upon the failure of a responsible person to maintain the stormwater management facilities in accordance with the O&M plan, the county may perform the maintenance and recover its costs from the responsible person as provided in Section 23.18.140.

(g)

Where deemed appropriate by the agency, access by the county to stormwater management facilities for inspections, as provided in Section 23.18.120, and through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by the property owner.

(h)

All project proponents and their successors, or successors in fee title, in control of a project that is located within a county urbanized area and that is defined as a regulated project in section E.12.c. of the phase II stormwater permit shall submit for approval one of the following as a condition prior to final inspection and approval of building permit closure:

1.

The project proponent's signed statement accepting responsibility for the operations and maintenance of stormwater management facilities until such responsibility is legally transferred to another entity;

2.

Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the operations and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity;

3.

Written text in project deeds, or conditions, covenants and restrictions for multi-unit residential projects that require the homeowners association or, if there is no association, each individual owner to assume responsibility for the operation and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity; or

4.

Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns the operation and maintenance of the stormwater management facilities to the project owner(s) or the permittee.

(i)

Financial security may be required to ensure that stormwater management facilities operate and are maintained following construction for a period which may be determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.

(Ord. 3486 § 2 (part), 2008; Ord. 3181 §5 (part), 1994)

(Ord. No. 3631, § III, 2015)

Editor's note— Ord. No. 3631, § III, adopted May 19, 2015, retitled the catchline of § 24.04.627 from "Surface runoff pollution control plan" to read as herein set out.

A cash bond may be required prior to issuance of any permit to insure that dust control, road cleaning measures and site stability measures are performed to the extent necessary as determined by the agency.

(Ord. 3181 § 5 (part), 1994)

(a)

Cut and fill slopes shall not be steeper than is safe for the subject material or necessary for the intended use and in no case steeper than two to one without prior written approval from the agency. Such approval shall be considered only when supported by appropriate documentation prepared by a registered civil engineer experienced in geotechnical engineering or a registered engineering geologist.

(b)

Fill slopes shall not be constructed on natural slopes steeper than two to one or where the fill slope toes out within twelve feet horizontally of the top of existing or planned cut slopes.

(Ord. 3181 § 5 (part), 1994)

(a)

Retaining walls may be required whenever topographic conditions warrant or where necessary to retain cut or fill slopes within rights-of-way, slope easements or property lines.

(b)

For retaining walls related to public and private roads see Section 24.04.130 and for driveways see Section 24.04.265.

(c)

In non-roadway areas utilized by the public such as parking lots or walkways, pressure treated timber may be used for wall heights not exceeding three feet measured from the final ground surface.

(d)

Walls in non-roadway areas serving private residential uses only may be pressure treated timber, reinforced concrete, reinforced concrete block or other materials subject to the review and approval of the agency.

(e)

If the use of pressure treated timber walls is allowed, the pressure treatment shall conform to the requirements of the standard specifications of the cities and county of Marin.

(f)

Notwithstanding the criteria contained herein regarding the use of timber walls, the agency may disallow such use where it determines that the designated location for a proposed timber wall would present inordinately difficult problems for future repair or replacement.

(g)

Walls that are visible from beyond the property lines or from public areas shall have the visual impact mitigated as required by the agency and/or the community development agency including, but not limited to, surface texturing, coloring and landscaping.

(Ord. 3181 § 5 (part), 1994)

Lot lines shall be drawn to establish building sites such that development would require a minimum amount of grading, tree removal and the redirection and/or concentration of runoff. Where a graded slope occurs between two lots, the slope itself as well as an additional strip five feet wide, will normally be made a part of the lower lot.

(Ord. 3181 § 5 (part), 1994)

No bank necessitated by the creation of a building pad will be permitted to encroach on a permanent hillside. A permanent hillside is defined as land with a natural slope in excess of fifteen percent which will not be graded, removed or reworked as a part of a future development. Within any given development, bank heights between lots shall not exceed twelve feet in vertical height, and banks facing the street shall not exceed six feet in vertical height. Bank heights greater than those specified will be permitted along the boundary of a development where later development of adjoining properties may reasonably be expected to reduce the height of the bank to the allowable limit and grading easements for this purpose are provided.

(Ord. 3181 § 5 (part), 1994)

Padding (the creation of level building sites) will be permitted only when it can be clearly demonstrated by exhibits that the final treatment of the site will not reflect an unfavorable appearance. The stairstepping of successive lot pads without a significant break of natural terrain between will not be permitted.

(Ord. 3181 § 5 (part), 1994)

Where the creation of cut and fill slopes are approved, they shall be so constructed as to eliminate unnatural flat planes and sharp angles of intersection with natural terrain. Slopes shall be rounded and contoured to blend with existing topography to the maximum possible extent.

(Ord. 3181 § 5 (part), 1994)

The tops and toes of cut and fill slopes shall be set back from structures as far as necessary for adequacy of foundation support and to prevent damage as a result of water runoff or erosion of the slopes.

(Ord. 3181 § 5 (part), 1994)

Unless otherwise indicated on the approved grading plans, drainage facilities and terracing shall conform to the following provisions:

(a)

Terraces at least six feet in width shall be established at not more than thirty-foot vertical intervals to control surface drainage and debris. Suitable access shall be provided to permit proper cleaning and maintenance.

(b)

Drainage ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete or surfaced with an approved material to prevent erosion of the ditch.

(c)

Drainage ditches on terraces shall discharge into a downdrain as often as is practical. The flow in any section of ditch, where practicable, should not exceed one c.f.s. for a one hundred-year storm.

(d)

Drainage collection systems shall discharge water in an area of stable soil, an improved roadside ditch, or a natural or manmade drainage collection system.

(Ord. 3181 § 5 (part), 1994)

Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

(Ord. 3181 § 5 (part), 1994)

No building or construction on filled land shall be commenced until evidence, satisfactory to the agency, has been submitted that the required elevation has been obtained and that the fill will provide a stable base for the construction proposed.

(Ord. 3181 § 5 (part), 1994)

IX. - TREES AND LANDSCAPING

Every attempt shall be made to preserve existing vegetation. Planting of trees and other vegetation may be required where deemed appropriate by the agency and/or the community development agency or where the natural trees and vegetation are destroyed by grading or other construction work. The use of native and water-conserving landscaping materials is encouraged and may be required.

(Ord. 3181 § 5 (part), 1994)

(a)

For new developments, the location and species of all proposed landscaping shall be subject to the review and approval of the community development agency. All proposed landscaping along or within a road or road right-of-way shall be subject to the further review and approval of the agency.

(b)

The maintenance provisions for all landscaping within the right-of-way of a road that is or is proposed to be a county-maintained road shall be as required by the agency. The maintenance provisions for all other proposed landscaping shall be as required by the community development agency.

(c)

Bonds may be required for new landscaping as required by the community development agency. For landscaping in a county right-of-way, the agency may require landscape bonds where such improvements would not be covered under a community development agency bond.

(d)

See Section 24.04.335(i) for parking lot landscaping requirements.

(Ord. 3181 § 5 (part), 1994)

Street trees should be located at least five feet from curbs, sidewalks, driveways, drainage culverts, underground utilities, etc. Trees will not be allowed within the right-of-way of a road that is or is proposed to be a county-maintained road unless provisions are made, satisfactory to the agency, for their permanent maintenance. Street trees shall be native and/or water-conserving and their location and species are subject to the review and approval of the agency. Trees shall not have aggressive or shallow root systems. A root control system may be required by the agency depending on the species of trees.

(Ord. 3181 § 5 (part), 1994)

All existing trees to be preserved, which are in the vicinity of any grading or construction, shall be clearly marked prior to any grading or construction work and shall be protected from damage. If grading is allowed within the drip line of a tree, provisions shall be made for any walls or other structures necessary to protect the tree. Any proposed tree removal shall be consistent with the provisions of Title 22 and Chapter 23.08 of this code.

(Ord. 3181 § 5 (part), 1994)

Landscaping along or within roadways shall be installed with first consideration to possible sight obstructions. All landscaping at intersections shall comply with Chapter 13.18 of the Marin County Code which prohibits sight obstructions over thirty inches in height within defined areas adjacent to intersections.

(Ord. 3181 § 5 (part), 1994)

Planter strips between the curb and sidewalk shall only be allowed where provisions are made for their maintenance and as approved by the agency. The minimum width of a planter strip should be four feet. If, due to special conditions, this strip is less than four feet wide, the portion less than four feet wide shall be planted with suitable water-conserving groundcover or filled with exposed aggregate concrete or other suitable material subject to the review and approval of the agency. Turf shall not be used in planter strip areas.

(Ord. 3181 § 5 (part), 1994)

Irrigation systems may be required at the discretion of the community development agency. Where an irrigation system is needed for nonresidential projects and for residential projects with common site maintenance, the system shall be automatic and shall meet the following criteria: separate valves and lines for landscape areas requiring differing amounts of water, adequate sizing of lines to meet sprinkler head pressure requirements, minimum head-to-head sprinkler spacing using an equilateral triangle pattern in turf areas, and a controller equipped with water budget feature which permits a proportionate change in all run times for stations serving turf areas and which accommodates at least three start times per station per irrigation day. Automatic sprinkler systems serving turf areas should achieve an overall distribution uniformity of eighty percent or better. Drip irrigation systems shall be used for all landscaping other than turf and groundcovers.

(Ord. 3181 § 5 (part), 1994)

X. - TRANSIT FACILITIES

Provisions for public transit facilities including bus turnouts, passenger shelters, and loading pads may be required.

(Ord. 3181 § 5 (part), 1994)

Bus passenger shelters shall be designed to shelter at least eight persons, shall not obstruct a sidewalk and shall be subject to approval of the Marin County Transit District and the agency.

(Ord. 3181 § 5 (part), 1994)

XI. - RAILROAD CROSSINGS

Provisions shall be made for all railroad crossings necessary to provide access to or circulation within the proposed development.

(Ord. 3181 § 5 (part), 1994)

New at-grade crossings shall not be allowed. Developments which, in the opinion of the agency, will result in a substantial increase in the use of an existing at-grade crossing may be required to reconstruct the crossing to a split level crossing or to otherwise eliminate or mitigate the increased use.

(Ord. 3181 § 5 (part), 1994)

XII. - UTILITIES

(a)

In all coastal zones, new subdivisions, planned districts, and other districts as determined by the community development agency director or planning commission, all utility distribution facilities (including but not limited to electric, communication and cable television lines) installed in and for the purpose of supplying service to the proposed development shall be placed underground. In other districts subject to Chapter 22.82 of the Marin County Code, Design Review, the requirements of underground utilities may be imposed.

(b)

Streetlights and equipment nominally installed on the surface which are appurtenant to underground facilities such as fire hydrants, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and similar items shall be allowed, but mitigation of their visual impacts may be required.

(c)

Utilities within the coastal zone shall conform to Section 22.56.130(O)(6) of the Marin County Code.

(d)

Within the shoulder area of a road (the area between the edge of pavement and the right-of-way line), the minimum depth to the top of any utility line is forty inches. This may be waived for service laterals if their location can be clearly and permanently marked.

(e)

Except in commercial/industrial developments, all underground utilities and sanitary sewers, both mains and service laterals, shall be placed so as to eliminate wherever possible the necessity for disturbing any road improvements when service connections are made.

(f)

Manholes and other utility access facilities shall not be located within the central area of road intersections and shall generally be placed so as to minimize traffic disruption when used.

(g)

In commercial/industrial developments where the amount and/or size of water service to a lot will not be determined until the lot is rented, leased or sold, the installation of oversized water service to each lot, as approved by the water utility providing service, shall be required. In lieu of this and at the discretion of the agency, special provisions may be made to defer final paving until after the water service needs have been determined and installed.

(h)

The developer shall be responsible for making the financial and other arrangements for the installation of utilities.

(Ord. 3181 § 5 (part), 1994)

All streetlights shall meet those specifications required by the agency. Streetlights shall be offered for dedication to the county when required by the agency.

(Ord. 3181 § 5 (part), 1994)

24.04.855 - Streetlights within city-centered corridor.

Within the city-centered corridor streetlights are required at intersections, sharp curves, the end of cul-desacs, in places of frequent public use such as bus stops and the entrances to playgrounds and parks and at any other locations deemed necessary by the agency for traffic and/or pedestrian safety.

(Ord. 3181 § 5 (part), 1994)

In village areas and other locations outside the city-centered corridor streetlights are not required unless they are required by a local community plan or are deemed necessary by the agency due to specific traffic and/or pedestrian safety considerations. When required, their location shall be as per Section 24.04.855 above.

(Ord. 3181 § 5 (part), 1994)

XIII. - MISCELLANEOUS

24.04.870 - Traffic signals.

Where, as determined by the agency, a proposed development will produce sufficient traffic at an existing or proposed intersection so as to require traffic control signals, the signals shall be installed as required by

the agency. Design and location shall be subject to the review and approval of the agency.

(Ord. 3181 § 5 (part), 1994)

(a)

Vehicular bridges to serve a single residence shall be designed for a minimum loading in accordance with the most recent edition of the Standard Specifications for Highway Bridges as adopted and published by the American Association of State Highway Officials, Appendix A, Loading HS 15-44. All other vehicular bridges shall be designed in accordance with the above referenced specifications, Appendix A, Loading HS 20-44, unless otherwise approved by the agency.

(b)

Additionally, vehicular bridges over streams protected under Marin countywide plan stream conservation policies shall be designed wherever possible to cantilever over the watercourse to minimize disturbance of the stream. Fill and culvert crossings shall only be allowed where the agency and/or the community development agency determine that they are consistent with the policies identified above and are the only reasonable and/or economically feasible type of access considering the type and intensity of uses to be served.

(Ord. 3181 § 5 (part), 1994)

(a)

Unless otherwise approved by the agency, all new construction shall comply with the current "Standard Specifications, Cities of Marin and County of Marin," department of public works and the Uniform Construction Standards, approved and adopted by cities of Marin and county of Marin and any and all special provisions prescribed by the county. All improvements shall be constructed in accordance with the plans approved by the agency.

(b)

See Section 24.15.010, Exceptions.

(Ord. 3181 § 5 (part), 1994)

Chapter 24.05 - EASEMENTS