Title 20 — COASTAL ZONING CODE[1]

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Title 20 - COASTAL ZONING CODE[[1]]

Chapters:

Footnotes:

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Editor's note— For purposes other than Coastal Development Permits, additional Development Code (Title 22) sections may apply. All standards listed below are applicable in the Coastal Zone. In addition, this Title specifies permitting requirements that may be applicable for particular land uses, including Design Review, Sign Permits, and Accessory Dwelling Unit Permits. In all cases, these permit requirements apply independent of and in addition to the Coastal Development Permit requirements identified in Chapter 20.68 (Coastal Development Permit Requirements) for development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), proposed to be undertaken within the Coastal Zone.

Chapter 20.01 - PURPOSE AND APPLICABILITY OF COASTAL ZONE REGULATIONS

Sections:

This Chapter establishes the zoning districts in areas of the County within the Coastal Zone as mapped on the certified maps for the Marin County Local Coastal Program, identifies allowable uses within those zoning districts, and identifies permit requirements within those zoning districts.

(Ord. No. 3791, § III(Exh. A), 2023)

The provisions of this Chapter apply to all property within the Coastal Zone, including county, state, school, and special district property, but not including federal property. Consistent with Coastal Act Section 30519(b), for development proposed or undertaken on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled, development shall be reviewed against the Coastal Act by the Coastal Commission and the County LCP in those cases may provide non-binding guidance.

(Ord. No. 3791, § III(Exh. A), 2023)

The unincorporated areas of Marin County within the Coastal Zone shall be divided into zoning districts which consistently implement the Marin Countywide Plan and Marin County Local Coastal Program. The following coastal zoning districts are established and shall be shown on the official Zoning Map (Section 22.06.030 (Zoning Map Adopted)).

(Ord. No. 3791, § III(Exh. A), 2023)

20.62.040 - Allowable Land Uses and Coastal Development Permit Requirements.

A.

General requirements for allowed uses. Proposed development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), located within the Coastal Zone shall be consistent with definitions in Chapter 20.130 (Coastal Zoning Code Definitions), and comply with Chapter 20.32 (Standards for Specific Land Uses) and other applicable provisions of this Coastal Zoning Code.

B.

Coastal zone permit requirements. Unless exempted or Categorically Excluded, proposed development within the Coastal Zone shall require approval of a Coastal Development Permit in compliance with Chapter 20.68 (Coastal Development Permit Requirements), in addition to any non-Coastal Development Permit required by the Development Code and this Section.

The uses of land allowed by this Chapter in each coastal zoning district are identified in Tables 5-1, 5-2, and 5-3 (Allowable Land Uses for the Coastal Agricultural and Resource Related Districts, Coastal Residential Districts, and Coastal Commercial and Mixed/Use Districts, respectively) as being:

1.

Principally permitted uses, subject to compliance with all applicable provisions of this Coastal Zoning Code, Coastal Development Permit approval where required, and subject to first obtaining any Building Permit and other non-Coastal Development Permits required by the County Code. A Coastal Development Permit decision for a principal permitted use is appealable to the Coastal Commission only if the project is located in a geographic appeals area as defined by Section 20.70.080.B.1.a and .b (Appealable

Development), or if the project constitutes a major public works project or major energy facility. Land

divisions are not the principally permitted use in any zoning district. Principal permitted uses are shown as "PP" uses in the tables.

2.

Permitted uses, subject to compliance with all applicable provisions of this Coastal Zoning Code, Coastal Development Permit approval where required, and subject to first obtaining any Building Permit and other non-Coastal Development Permits required by the County Code. A Coastal Development Permit decision for a permitted use is appealable to the Coastal Commission. Permitted uses are shown as "P" uses in the tables.

3.

Conditional uses, subject to compliance with all applicable provisions of this Coastal Zoning Code, Coastal Development Permit approval where required, and subject to first obtaining any Building Permit and other non-Coastal Development Permits required by the County Code, including approval of a Use Permit (Chapters 22.48 (Conditional Use Permits) and 22.50 (Temporary Use Permits)). The Use Permit is not part of the Coastal Development Permit and is not subject to appeal to the Coastal Commission; however, any Coastal Development Permit decision for a conditional use is appealable to the Coastal Commission. Conditional uses are shown as "U " uses in the tables. See Section 22.70.080 (Appeal of Coastal Development Permit Decisions).

4.

Land uses that are not listed in Tables 5-1 (Allowed Uses and Permit Requirements for Coastal Agricultural & Resource-Related Districts), 5-2 (Allowed Uses and Permit Requirements for Coastal Residential Districts), and 5-3 (Allowed Uses and Permit Requirements for Coastal Commercial/Mixed-Use Districts) or are not shown in a particular zoning district are not allowed.

C.

Master Plan and Other Non-Local Coastal Program Permit Requirements. In addition to and independent of permits required for conformance with the Marin County Local Coastal Program, a Master Plan and/or other local permit such as an Accessory Dwelling Unit Permit may be required for certain uses. Please refer to Title 22 (Development Code) for development standards that govern these uses. A Master Plan is required only for the following uses:

1.

A subdivision which does not exhaust the potential for residential development based on the Countywide Plan and zoning district densities and floor area ratios.

2.

Airparks

3.

Cemeteries, columbariums, mausoleums

4.

Marinas and harbors

5.

Mineral resource extraction

6.

Waste disposal sites

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Purpose. Sections 20.62.060 through 20.62.080 (Coastal Districts) and Chapter 22.64 (Coastal Zone Development and Resource Management Standards) determine which land uses are allowable in each zoning district, what land use permits are required to establish each use, and the basic development standards that apply to allowed land uses in each of the zoning districts established by Section 20.62.030 (Coastal Zoning Districts Established).

B.

Single parcel in two zoning districts. In the event two or more parcels are consolidated through the approval of a lot line adjustment, merger, parcel or Tentative Map, or reversion to acreage in compliance with Title 22, Article VI (Subdivisions), where a single parcel is covered by two or more zoning districts, the consolidated parcel should be reviewed by the Director to determine whether the parcel should be rezoned to a single zoning district.

C.

Measurements, calculations. Explanations of how height limits, site coverage requirements, and floor area ratios (FAR) apply to sites and projects are in Chapter 20.64 (Coastal Zone Development and Resource Management Standards).

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Purpose of Section. This Section provides regulations for development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), proposed within the coastal agricultural and resource-related zoning districts established by Section 20.62.030 (Coastal Zoning Districts Established). The purpose of these zoning districts is to protect agricultural land, continued agricultural uses and the agricultural economy by maintaining parcels large enough to sustain agricultural production, preventing conversion to nonagricultural uses, and prohibiting uses that are incompatible with long-term agricultural production or the

rural character of the County's Coastal Zone and to preserve important soils, agricultural water sources, and forage to allow continued agricultural production on agricultural lands. (Policy C-AG-1, Agricultural Lands and Resources)

B.

Purposes of zoning districts. The purposes of the individual zoning districts are as follows.

1.

C-APZ (Coastal, Agricultural Production Zone) District. The C-APZ zoning district is intended to preserve agricultural lands that are suitable for land-intensive or land-extensive agricultural production. (Policy C- AG-2, Coastal Agricultural Production Zone)

The principal permitted use of lands in the C-APZ district is agriculture, limited to the types of agricultural development set forth below and in Land Use Plan Policy C-AG-2, and only allowed when consistent with the development standards set forth in Section 20.65.040 (C-APZ Zoning District Standards):

a.

Agricultural production: use of land for the breeding, raising, pasturing, and grazing of livestock; the production of food and fiber; the breeding and raising of bees, fish, poultry, and other fowl; the planting, raising, harvesting and producing of agriculture, aquaculture, mariculture, horticulture, viticulture, vermiculture, forestry crops, and plant nurseries;

b.

Agricultural accessory structures and agricultural accessory activities;

c.

Agricultural dwelling units, consisting of

(1)

One farmhouse or a combination of one farmhouse and one intergenerational home per farm tract, consistent with C-AG-5, including combined total size limits, and;

(2)

Agricultural worker housing, providing accommodations consisting of not more than 36 beds in group living quarters per legal parcel or 12 units or spaces per legal lot for agricultural workers and their households;

d.

Other Agricultural Uses, limited to the following uses that are appurtenant and necessary to the operation of agriculture

(1)

Agricultural product sales and processing of products grown within the farmshed, provided that for sales, the building(s) or structure(s) or outdoor areas used for sales do not exceed an aggregate floor area of 500 square feet, and for processing, the building(s) or structure(s) used for processing activities do not exceed an aggregate floor area of 5,000 square feet:

(2)

Not for profit educational tours.

Conditional uses in the C-APZ zone, as specified in Table 5-1 of Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses), include a second intergenerational home per farm tract, for-profit educational tours, agricultural homestay facilities, agricultural worker housing above 12 units or 36 beds per legal lot and additional agricultural uses and non-agricultural uses including land division, consistent with Section 20.65.040 (C-APZ Zoning District Standards). Development shall not exceed a maximum density of 1 unit per 60 acres. Densities specified in the zoning are maximums and not entitlements and may not be achieved when the standards of the Agriculture policies and, as applicable, other LCP policies are applied. (Policy C-AG-1, Agricultural Lands and Resources and Coastal and Policy C-AG-2, Coastal Agricultural Production Zone).

The C-APZ zoning district is consistent with the Agriculture 1 land use category of the Marin County Land Use Plan.

2.

C-ARP (Coastal, Agricultural, Residential Planned) District. The C-ARP district applies to lands adjacent to residential areas in the Coastal Zone that have potential for agricultural production but promote the concentration of residential development to maintain the maximum amount of land available for agricultural use. The C-ARP district provides flexibility in lot size and building locations to concentrate development to maintain the maximum amount of land for agricultural use, and to maintain the visual, natural resource and wildlife habitat values of subject properties and surrounding areas. The C-ARP district requires the clustering of proposed development. The C-ARP zoning district is consistent with the Agriculture 1, 2, and 3 land use categories of the Marin County Land Use Plan. Residential use shall be the principal permitted use in all parcels with the land use designation of C-AG3; Agriculture shall be the principal permitted use in all parcels with the C-AG1 and C-AG2 land use designations. (Policy C-AG-3, Coastal Agricultural Planned Zone C-ARP)

3.

C-OA (Coastal, Open Area) District. The C-OA District provides for open space, outdoor recreation, and other open lands, including areas particularly suited for park and recreational purposes, access to beaches, natural drainage channels, and areas that serve as links between major recreation and open space reservations. The C-OA zoning district is consistent with the Public and Quasi Public - Open Space land use category of the Marin County Land Use Plan.

C.

Allowed land uses and permit requirements in agricultural/resource districts. Table 5-1 lists the land uses allowed in the agricultural/resource zoning districts within the Coastal Zone, in compliance with Chapter