§ 20.130

This Chapter provides definitions of terms and phrases used in this Coastal Zoning Code that are technical or specialized, or that may not reflect common usage.

(Ord. No. 3791, § III(Exh. A), 2023)

If any of the definitions in this Chapter conflict with definitions in other chapters of the Marin County Code, these definitions shall prevail for the purposes of determining the conformity of development in the Coastal Zone with the Marin County Local Coastal Program. If a word used in this Coastal Zoning Code is not defined in this Chapter, or other Titles of the County Code, the most common dictionary definition is presumed to be correct.

(Ord. No. 3791, § III(Exh. A), 2023)

Definitions are listed in alphabetical order.

A. Definitions, "A."

Accessory Retail Uses (land use). This land use consists of the retail sale of various products (including food) in a store or similar facility that is located within a health care, hotel, office, or industrial complex, for the purpose of serving employees or customers, and is not visible from a public street. These uses include pharmacies, gift shops, food service establishments within hospitals, convenience stores and food service establishments within hotels, and office and industrial complexes.

Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure or use. Physically detached means independent of any type of substantial connection with the primary structure. A substantial connection means having a continuous foundation and a connecting roof.

Accessory Dwelling Unit (land use). This land use consists of a second permanent dwelling that is accessory to a primary dwelling on the same site. An Accessory Dwelling Unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, food preparation, sanitation, and parking. The primary criterion for defining an Accessory Dwelling Unit shall be the existence of separate food preparation facilities which may include but are not limited to stove, oven, hot plate, refrigerator or sink. See also, "Existing Accessory Dwelling Unit."

Acres, Gross and Net. See "Lot Area."

Actively and directly engaged. means making day-to-day management decisions for the agricultural operation and being directly engaged in production of agricultural commodities for commercial purposes on the property or maintaining a lease to a bona fide commercial agricultural producer.

Adult Entertainment Establishment (land use). This land use consists of any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter center, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," but not including those uses or activities, the regulation of which is preempted by state law.

Affordable Housing. Dwelling units that are income restricted and rented or sold at rates that are affordable to households with income qualifying as low, very low or extremely low income, as described in Chapter 22.22 (Affordable Housing Regulations) or Chapter 22.24 (Affordable Housing Incentives) and defined by Health and Safety Code Sections 50052.5 and 50053. Affordable Housing includes Transitional and Supportive housing consistent with qualifying income requirements.

Affordable Ownership Cost. Figure at which affordable housing must be provided for purchase, which is calculated as annual housing costs, during the first calendar year of a household's occupancy, including

mortgage payments, property taxes, homeowners insurance, and homeowners association dues, if any, which do not exceed the following:

1.

For inclusionary units required by Chapter 22.22 (Affordable Housing Regulations), annual housing costs cannot exceed 30 percent of 60 percent of area median income, adjusted for household size.

2.

For affordable housing that qualifies a project for a state density bonus, annual housing costs cannot exceed the following:

(a)

For moderate income households: 35 percent of 110 percent of area median income, adjusted for household size.

(b)

For low income households: 30 percent of 70 percent of area median income, adjusted for household size.

(c)

For very low-income households: 30 percent of 50 percent of area median income, adjusted for household size.

Affordable Rent. Annual rent, including utilities and all fees for housing services, which does not exceed the following:

1.

For inclusionary units required by Chapter 22.22 (Affordable Housing Regulations), annual rent cannot exceed 30 percent of 50 percent of median area income, adjusted for household size.

2.

For affordable housing that qualifies a project for a state density bonus, annual rent cannot exceed the following:

(a)

For low income households: 30 percent of 60 percent of area median income, adjusted for household size.

(b)

For very low income households: 30 percent of 50 percent of area median income, adjusted for household size.

Agency. The Marin County Community Development Agency.

Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with County employees, committees, Commissions, and the Board, regarding matters regulated by this Coastal Zoning Code.

Aggrieved Person. Any person who, in person or through a representative, appeared at a public hearing of the Coastal Commission or County of Marin in connection with a decision or action appealed, or who, by other appropriate means prior to a hearing, informed the Coastal Commission or County of Marin of the nature of his concerns or who for good cause was unable to do either. "Aggrieved person" includes the applicant for a permit.

Agricultural Accessory Activities (land use). Activities accessory and incidental to, in support of, compatible with, and, within the C-APZ zone, necessary for agricultural production, and which involve agricultural products produced on site or elsewhere in Marin County, including:

• corn shelling

• custom milling of flour, feed and grain

• drying of corn, rice, hay, fruits, and vegetables

• sorting and packaging of fruits and vegetables

• grain cleaning and grinding

• hay baling and cubing

• pre-cooling and packaging of fresh or farm dried fruits and vegetables

• tree nut hulling and shelling

• preparation and packaging of animal byproduct

(such as eggs and wool) produced on site

Any of the above activities performed in the field with mobile equipment not involving permanent structures are included under the definition of "Crop Production."

Agricultural Accessory Structures (land use). Uninhabited structures that are accessory and incidental to, in support of, compatible with, and, within the C-APZ zone, appurtenant and necessary for agricultural production, and that are for the storage of farm animals, implements, supplies or products, and contains no residential use, are not accessory to a residential use, and are not open to the public, including:

• barns

• coops

• corrals

• grain elevators

• facilities for milking

• fences

• pens

• silos

• stables

• facilities for cleaning, drying, pre-cooling, and packaging of fruits and vegetables produced on site

• greenhouses

• utility facilities

• other similar structures

Agricultural accessory structures do not include commercial greenhouses (which are under "Plant Nurseries") or structures for agricultural processing activities (which are under "Agricultural Processing") or retail sales of agricultural products.

Agricultural District or Zone. Any of the agricultural zoning districts established by Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses), including C-APZ (Coastal, Agricultural Production Zone) and C- ARP (Coastal, Agricultural, Residential Planned).

Agricultural Dwelling Cluster. A farmhouse or a combination of one farmhouse and up to two

intergenerational homes with the combined total of 7,000 square feet, plus up to 540 square feet of garage space and up to 500 square feet of office space in the farmhouse used in connection with the agricultural operation. (see 20.32.024 (Agricultural Dwelling Units) for development standards). No more than one Agricultural Dwelling Cluster may be permitted per farm tract, whether it contains a single farmhouse or in a combination of a farmhouse and one or two intergenerational homes.

Agricultural Dwelling Unit. A farmhouse, intergenerational house, or agricultural worker housing located in the C-APZ district.

Agricultural Homestays. An agriculturally oriented overnight accommodation operation that meets all of the following requirements: (a) Has not more than five guest rooms and accommodates not more than 15 guests; (b) Provides overnight transient accommodations; (c) Serves food only to its registered guests and serves meals at any time, and includes the price of food in the price of the overnight transient occupancy accommodation; and (d) occurs only within otherwise allowable agricultural dwelling units and not within additional separate structures.

Agricultural Processing (land use). Agricultural Processing consists of the processing of harvested crops and other agricultural products, appurtenant and necessary to the operation of agriculture, including the following:

• production of butter, cheese, and other dairy products

• processing of milk

• milling

• processing of fruit products

• food oil production, including olive oil

• shellfish processing

• wine production

• processing of honey

Agricultural processing also includes structures used in connection with the above activities.

Agricultural Production (land use). Breeding, raising, pasturing, and grazing of animals or the planting, growing and/or producing and harvesting of food, fiber and agricultural commodities for commercial purposes, including the following and substantially similar uses of an equivalent nature and intensity:

1.

Livestock and poultry - cattle, sheep, poultry, goats, rabbits, and horses provided that horses are accessory and incidental to, in support of, and compatible with the property's agricultural production.

2.

Livestock and poultry products (such as milk, wool, eggs).

3.

Field, fruit, nut, and vegetable crops hay, grain, silage, pasture, fruits, nuts, seeds, and vegetables.

4.

Plant nurseries and nursery products - nursery crops, cut plants.

5.

Aquaculture and mariculture

6.

Viticulture

7.

Vermiculture

8.

Forestry crops (not including Timber Harvesting)

9.

Commercial gardening

Beekeeping

Agricultural Production and Stewardship Plan (APSP). A plan that is required for approval of land division or other non-agricultural development of Agricultural Production Zone (C-APZ) lands. The plan shall be prepared by qualified individuals with appropriate expertise in agriculture, land stewardship, range management and natural resource protection and shall identify and describe existing and proposed agricultural uses for a property, explain in detail their implementation, and identify on-site resources and agricultural infrastructure, including product markets and processing facilities, if appropriate, and demonstrate how the planned agricultural uses substantially contribute to Marin's agricultural industry. The plan must provide evidence that at least 95% of the land will remain in agricultural production or natural resource protection and shall identify stewardship activities to be undertaken to protect agriculture and natural resources.

Agricultural Retail Sales Facility/Farm Stand. A temporary or permanent structure used for the display and sale of agricultural products, appurtenant and necessary to the operation of agriculture.

Agricultural use. The breeding, raising, pasturing, and grazing livestock of every nature and description for the production of food and fiber; breeding and raising bees, fish, poultry, and other fowl; planting, raising, harvesting, and producing agricultural, aquacultural, horticultural, and forestry crops and products of every nature and description; and the processing, storage, and sale, including direct retail sale to the public, of crops and products harvested and produced principally on the farm; further provided, however, that all agricultural uses and activities are consistent with applicable laws, including those of the Local Coastal Program.

Agricultural Worker. An employee who is engaged in services associated with an agricultural use, including: cultivation and tillage of soil; dairying; the production, cultivation, growing, and harvesting of any agricultural or horticultural commodity; and the preparation, delivery, or storage of any agricultural or horticultural commodity for market.

Agricultural Worker Housing. Any attached or detached dwelling unit required to house agricultural workers and their family members, including temporary mobile homes. For the purpose of calculating density, no more than one food preparation area shall be provided for each agricultural worker housing unit.

Agriculture. This land use consists of the "Agriculture, Mariculture" category of Table 5-1-a (Allowed Uses and Permit Requirements for Coastal Agriculture & Resource-Related Districts) including, but not limited to, agricultural production for commercial purposes, and the facilities that are accessory and incidental to, in support of, and compatible with the property's agricultural production: agricultural accessory structures and agricultural accessory activities, agricultural dwelling units, agricultural product sales and processing, non-profit and owner-operator conducted agricultural tours, and agricultural homestay facilities.

Agriculture, Ongoing. Agricultural production activities (including crop rotation, plowing, tilling, planting, harvesting, seeding, grazing, and raising of animals and other production activities the Director of CDA determines are similar in nature and intensity) which have not been expanded into areas never before used for agriculture areas. Determinations of such ongoing activities may be supported by Marin County Department of Agriculture, Weights and Measures information on such past activities.

The following types of activities are not considered ongoing agriculture:

• Development of new water sources (such as construction of a new or expanded well or surface impoundment)

• Installation of new irrigation systems or the extension of existing irrigation systems,

• Terracing of land for agricultural production

• Preparation or planting of land for viticulture

• Preparation or planting of land for cannabis

• Preparation or planting of land with an average slope exceeding 15%

• Other agricultural production activities that the Director of CDA determines will have significant impacts to coastal resources.

A Coastal Development Permit will not be required if the County determines the activity qualifies for a de minimis waiver pursuant to the requirements Section 20.68.070, or is categorically excluded pursuant to Categorical Exclusion Order 81-2 or 81-6.

Airpark (land use). This land use consists of airfields, landing strips, and/or heliports, in compliance with the regulations of the Federal Aviation Administration (FAA), and California Division of Aeronautics.

Alley. A public or private roadway, not intended for general vehicle traffic circulation, that provides secondary vehicle access to the rear or side of lots having other public street frontage.

Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

Animal Sales Lot. See "Livestock Operations, Sales Lots, Feedlots, Stockyards."

Antennas. See "Telecommunications Facilities."

Apartment. See "Multi-Family Housing."

Appealable Area. The areas described by Public Resources Code 30603.a.1 and .a.2, within which a County decision to approve a Coastal Development Permit for development may be appealed to the California Coastal Commission.

Appealable Development. Any local action on a Coastal Development Permit application for development that is approved (1) between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance; (2) within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff; and/or (3) on tidelands, submerged lands, or public trust lands. In addition, any local action on a Coastal Development Permit application for the following types of development is also appealable: (1) approval of a Coastal Development Permit for any development that is not designated as the principal permitted use under the zoning ordinance; and (2) approval or denial of a

Coastal Development Permit for any development which constitutes a major public works project or a major energy facility.

Appeals Area Maps. For geographically-based appeals, the official Coastal Commission certified maps on file with the Community Development Agency which identify areas within the Coastal Zone where County decisions on Coastal Development Permit applications may be appealed to the Coastal Commission. Maps are illustrative but not determinative and Title 14 CCR Section 13577 is also utilized to determine the boundaries of appeal areas.

Applicant. Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks County permits and approvals.

Any "person" applying for a Coastal Development Permit as required by Public Resources Code Section 30600 in order to undertake development. See also "Person."

Approval. An official sanction that includes both approval and approval with conditions.

Aquaculture (land use). A form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. Aquaculture products are agricultural products and aquaculture facilities and land uses shall be treated as agricultural facilities and land uses in all planning and permit-issuing decisions.

Arborist. An arborist is 1) a person currently certified by the Western Chapter of the International Society of Arboriculture as an expert on the care of trees; 2) a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or 3) such other qualified professionals who the Director determines has gained through experience the qualifications to evaluate (a) tree health and necessary steps to protect same, and/or (b) safety issues with tree health and configuration, including to identify when hazardous tree removal may be necessary, including developing recommendations on when and how to remove or replace trees.

rists; or 3) such other qualified professionals who the Director determines has gained through experience the qualifications to evaluate (a) tree health and necessary steps to protect same, and/or (b) safety issues with tree health and configuration, including to identify when hazardous tree removal may be necessary, including developing recommendations on when and how to remove or replace trees.

Area Median Income. Median income for Marin County as published by the U.S. Department of Housing and Urban Development (HUD) or the California Department of Housing and Community Development (HCD) with adjustments for household size. Applicable schedule to be applied at the discretion of the Director.

Ark. Any vessel, boat, craft, or structure originally designed to float that is now permanently grounded or supported by a foundation or piling.

Armoring Project. See "Shoreline Protective Device."

Assessor's Parcel. A unit of real property recognized by the Marin County Assessor's Office for tax purposes, mapped and assigned an Assessor's Parcel Number by the Assessor's Office.

Auto, Mobile Home, Vehicle, Parts Sales (land use). This land use consists of the retail sale and/or rental of the following (vehicles may be new or used):

• automobiles

• boats

• campers

• dealerships

• golf carts

• jet skis

• mobile homes

• motorcycles

• motorized farm equipment

• recreational and utility trailers

• repair shops with new car

• snowmobiles

• tires

• trucks

• vans

• vehicle accessories

• vehicle parts

Does not include: bicycle and moped sales (see "Retail Stores, General Merchandise"); tire recapping establishments (see "Repair and Maintenance - Vehicle"); businesses dealing exclusively in used parts, (see "Recycling, Scrap and Dismantling Yards"); or "Service Stations," which are separately defined.

Automatic Teller Machine (ATM) (land use). This land use consists of machines used by bank and financial service patrons for conducting transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with this Coastal Zoning Code.

Automobile Dismantling Yard. See "Recycling Facilities, Scrap, and Dismantling Yards."

Automobile Repair. See "Repair and Maintenance, Vehicle."

Average agricultural slope. The average percent slope of new or existing agricultural land prior to the commencement of any agricultural planting work. All average slopes shall be calculated using the most recent data from the United States Geological Survey (USGS), field-based documentation surveyed crosssections, or computer generated topographic mapping.

Avian Migratory Concentration Point. Avian migratory concentration point refers to both the place of departure and the destination of birds from one region to another, especially as a result of seasonal or periodic movement in order to breed, seek food, or to avoid unsuitable weather conditions.

B. Definitions, "B."

Banks and Financial Services (land use). This land use consists of financial institutions including:

• banks and trust companies

• credit agencies

• holding (but not primarily operating) companies

• lending and thrift institutions

• other investment companies

• securities/commodity contract brokers and dealers

• security and commodity exchanges

• vehicle finance (equity) leasing agencies

see also, "Automatic Teller Machine," above.

Bars and Drinking Places (land use). This land use consists of the sale of alcoholic beverages for on- site consumption, not as part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music and/or dancing). May also include beer brewing as part of a microbrewery, and other beverage tasting facilities.

Base Density. This definition applies only to projects that seek a density bonus as defined in this Chapter. The base density is either 1) otherwise maximum allowable residential density associated with the zoning district, after taking into consideration all building constraints (e.g. including LCP requirements for steep slopes, buffers for wetlands and sensitive habitats, and setbacks for geologic hazards).

Basement. A story which is partly or completely below grade.

Bay Window. A window enclosure that projects from an exterior wall and is at least 18 inches above the adjoining finished floor as measured to the lowest horizontal plane of the projection. To be considered a bay window for the purposes of allowed exemptions and floor area, the windowed enclosure shall not occupy an area greater than 25 percent of any individual wall element of the building for each story or extend more than 30 inches from the exterior wall.

Beach. The expanse of sand, gravel, cobble or other loose material that extends landward from the low water line to the place where there is distinguishable change in physiographic form, or to the line of permanent vegetation. The seaward limit of a beach (unless specified otherwise) is the mean low water line.

Bed and Breakfast Inns (land use). This land use consists of providing up to five guest bedrooms for overnight lodging, where the use is clearly secondary and incidental to the use of the property as a singlefamily residence, or, in certain agricultural zoning districts and agricultural dwelling units, permissible only within otherwise allowable agricultural dwelling units and clearly secondary and incidental to the use of the property for agricultural production. County requirements applicable to Bed and Breakfast Inns are in

Section 20.32.040 (Bed and Breakfast Inns), and applicable Health Department regulations, and the LCP. A Bed and Breakfast Inn with more than five guest rooms is considered a hotel or motel and is not permitted in a residential or agricultural zoning district. Refer to the definition of "Room Rental" to distinguish between a Bed and Breakfast Inn and room rental in a "boarding house" situation.

Below Market Rate. Housing that is sold or rented at a price which is below the prevailing rate for equivalent housing units within the same community.

Beneficial Use of Water. Use of waters of the state including domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves.

Best Management Practices (BMPs). Methods that have been determined to be the most effective, practical means of preventing, reducing, and treating pollutants found in runoff such as pollutants carried by stormwater and irrigation runoff.

Beverage Production (land use). This land use consists of manufacturing facilities including bottling plants, breweries, coffee roasting, soft drink production, and wineries. Does not include milk processing; see "Food Products." May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of "Bars and Drinking Places" if alcoholic beverages are tasted, and under "Restaurant" if beverages are non-alcoholic.

Billboard. Any sign advertising, indicating, or identifying a use, activity, or other entity not on the same premises as the sign.

Block. A group of lots surrounded by streets or roads, or streets or roads and railroad right-of-way, mean high tide line or unsubdivided acreage.

Blue Line Stream. A watercourse shown as a blue line (perennial or intermittent) on the most recent appropriate USGS data.

Bluff. Those bluffs, the toe of which is now or was historically (generally within the last 200 years) subject to marine erosion; and those bluffs the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified in Public Resources Code Section 30603(a)(1) or (2).

Bluff Edge. The upper termination of a bluff, cliff, or seacliff. In cases where the top edge of the bluff is rounded away from the face of the bluff as a result of erosional processes related to the presence of the steep bluff face, the bluff line or edge shall be defined as that point nearest the bluff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the bluff. In a case where there is a steplike feature at the top of the bluff face, the landward edge of the topmost riser shall be taken to be the bluff edge. The termini of the bluff line, or edge along the seaward face of the bluff, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the inland facing portion of the bluff. Five hundred feet shall be the minimum length of bluff line or edge to be used in making these determinations. Bluff edges typically retreat landward due to coastal erosion, landslides, development of gullies, or by grading (cut). In areas where the bluff top

the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the inland facing portion of the bluff. Five hundred feet shall be the minimum length of bluff line or edge to be used in making these determinations. Bluff edges typically retreat landward due to coastal erosion, landslides, development of gullies, or by grading (cut). In areas where the bluff top

or bluff face has been cut or notched by grading, the bluff edge shall be the landwardmost position of either the current or historic bluff edge. In areas where fill has been placed near or over the historic bluff edge, the original natural bluff edge, even if buried beneath fill, shall be taken to be the bluff edge.

Blufftop. The upper surface of a bluff extending inland from the bluff edge.

Blufftop Parcel. A parcel located wholly or partially on a blufftop.

Board, Board of Supervisors. The Board of Supervisors of the County of Marin, State of California.

Board, Board of Commissioners of the Housing Authority. The Board of Commissioners of the

Housing Authority of the County of Marin, State of California.

Broadcasting Studios (land use). This land use consists of commercial and public communications facilities entirely within buildings, including radio and television broadcasting and receiving stations and studios. Transmission and receiving apparatus, including antennas and towers, are included under the definition of "Telecommunications Facilities."

Buffer Zone. An area which separates development from some identified constraint and/or resource for purposes of safety, environmental protection or compatibility.

Building. Any structure, having a roof supported by columns or walls and usable for shelter, housing, or enclosure of any person, animal, equipment or material.

Building Area. The sum of the floor area of all floors in all buildings on a site. Unlike "Floor Area," building area includes all the floor area of garages and other enclosed detached accessory buildings. Further, building area includes covered carports.

Building Envelope. An area of real property identified for the construction of buildings.

Building, Main. See "Structure, primary."

Building Material Stores (land use). This land use consists of the retail sale of lumber and other large building materials, where most display and sales activities occur indoors. Products sold may include paint, wallpaper, glass, fixtures, nursery stock, and lawn and garden supplies. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Wholesaling and Distribution." Hardware stores are listed in the definition of "Retail Stores, General Merchandise," even if they sell some building materials.

. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Wholesaling and Distribution." Hardware stores are listed in the definition of "Retail Stores, General Merchandise," even if they sell some building materials.

Building Site. A lot or parcel that is recognized by the Community Development Agency as having been created in compliance with the governing zoning and development standards that includes an area where LCP consistent development can occur.

Bulk. When quantified, total interior cubic volume as measured from the exterior surfaces of the structure.

Business Support Services (land use). This land use consists of establishments located primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc. Examples of these services include:

• blueprinting

• business equipment repair services (except vehicle repair, see "Repair and Maintenance - Vehicle")

• commercial art and design (production)

• computer-related services (rental, repair)

• copying, quick printing, and blueprinting services

• equipment rental businesses within buildings (rental yards are "Storage Yards and Sales Lots")

• equipment repair services where repair occurs on the client site

• film processing laboratories

• graphic design

• janitorial services

• mail advertising services (reproduction and shipping)

• outdoor advertising services

• photocopying

• photofinishing

• secretarial and personnel services

• security services

• soils and materials testing laboratories

• window cleaning

• C. Definitions, "C."

Cabinet Shop. See "Furniture and Fixtures" (land use).

California Environmental Quality Act (CEQA). See California Public Resources Code Sections 21000 et seq.

Campground (land use). This land use consists of land that is used or intended for use by camping parties, which may include individual campsites, but where utility hookups for recreational vehicles are typically not provided at campsites. See also "Recreational Vehicle Parks."

Car Deck. See "Parking Structure."

Cargo Container. A portable, rectangular metal storage container, generally with a height greater than five feet and with doors on one end, designed to be transported on trucks, rail cars, or ships, individually or stacked.

Carport. See "Parking Structure."

Categorical Exclusion. Any category of development, or any category of development within a specifically defined geographic area, that the Coastal Commission, after public hearing, and by two- thirds vote of its appointed members, has described or identified and with respect to which the Coastal Commission has found that there is no potential for any significant adverse effect, either individually or cumulatively, on coastal resources including public access to or along the coast, subject to the terms and conditions of the adopted exclusion.

ommission, after public hearing, and by two- thirds vote of its appointed members, has described or identified and with respect to which the Coastal Commission has found that there is no potential for any significant adverse effect, either individually or cumulatively, on coastal resources including public access to or along the coast, subject to the terms and conditions of the adopted exclusion.

Cemeteries, Columbariums and Mortuaries (land use). This land use consists of internment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and full-service funeral parlors, whether accessory to or separate from a cemetery or columbarium.

CEQA. See "California Environmental Quality Act (CEQA)."

Certificate of Compliance. A Certificate of Compliance is a document recorded by the County Recorder, which acknowledges that the subject parcel, which was typically created prior to current subdivision map requirements, is considered by the County to be a legal lot of record pursuant to the Subdivision Map Act. A Conditional Certificate of Compliance is a document recorded by the County Recorder, which acknowledges that a parcel was not legally divided pursuant to the Subdivision Map Act. Procedures for Certificates of Compliance may be found in Chapter 22.96 (Certificates of Compliance) of Title 22. In the coastal zone, approval of a certificate of compliance does not alter the need for any required Coastal Development Permit.

Chemical Products (land use). This land use consists of the manufacture of chemicals and other products created predominantly by chemical processes. This definition includes the manufacture of three general classes of products: (1) basic chemicals, such as acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in further manufacture, such as synthetic fibers, plastic materials, dry colors, and pigments; and (3) finished chemical products to be used for ultimate consumption, such as drugs and cosmetics, or to be used as materials or supplies in other industries such as paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above in other than one of the uses included in the Retail Trade Group on the land use and permit tables.

Child Day-Care Facilities (land use). This land use consists of the provision of nonmedical care and supervision of minor children for periods of less than 24 hours. This land use includes the following types of facilities, all of which are required to be licensed by the California State Department of Social Services:

1.

Child Day-Care Center (land use). This land use consists of commercial or non-profit child day-care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools,

sick-child centers, and school-age day-care facilities. These may be operated in conjunction with other approved land uses, or as an independent land use.

2.

Large Family Day-Care Home (land use). This land use consists of a day-care facility located in a singlefamily residence where an occupant of the residence provides care and supervision for eight to 14 children. Children under the age of 10 years who reside in the home count as children served by the day-care facility.

3.

Small Family Day-Care Home (land use). This land use consists of a day-care facility located in a singlefamily residence where an occupant of the residence provides care and supervision for either six or fewer children, or eight or fewer children provided that no more than two of the children are under the age of two and at least two of the children are over the age of six. Children under the age of 10 years who reside in the home count as children served by the day-care facility.

Churches. See "Religious Places of Worship."

Clothing Products (land use). This land use consists of the manufacture of clothing, and the fabrication of products by cutting and sewing purchased textile fabrics, and related materials such as leather, rubberized fabrics, plastics and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("Retail Stores, General Merchandise") are instead included under "Personal Services." See also, "Textile and Leather Products."

Coastal Act. The California Coastal Act of 1976, enacted by the legislature in response to the 1972 ballot initiative known as Proposition 20. See Public Resources Code Section 30000 et seq.

Coastal Commission. The California Coastal Commission as established by the California Coastal Act of 1976.

Coastal Dependent Use. Any development or use that requires a site on, or adjacent to the ocean to function.

Coastal Development Permit. A discretionary land use permit, also referred to as a Coastal Development Permit, required pursuant to Public Resources Code Section 30600(a), that may be granted in compliance with Title 20 and related provisions cited within Chapters 20.32 (Standards for Specific Land Uses), and which authorizes development on a specific site, subject to compliance with any conditions of approval imposed on the permit.

Coastal-Related Development. Any use that is dependent on a coastal-dependent development or use.

Coastal Resources. Include, but are not limited to: public access and public access facilities and opportunities, recreation areas and recreational facilities and opportunities (including for recreational wateroriented activities), public views, natural landforms, marine resources, watercourses (e.g., rivers, streams, creeks) and their related corridors, waterbodies (e.g., wetlands, estuaries, lakes) and their related uplands, groundwater resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and

archaeological or paleontological resources, all as addressed in Chapter 3 of the California Coastal Act (Public Resources Code Section 30200 et. Seq.

Coastal Stream. See "Stream."

Coastal Zone. That land and water area, which includes parts of the County of Marin, specified on the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session enacting the California Coastal Act of 1976, extending seaward to the state's outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards. The coastal zone does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, nor any area contiguous thereto, including any river, stream, tributary, creek, or flood control or drainage channel flowing into such area.

Coastal Zoning Code. Tile 20, which includes Sections 20.01 through 20.130 and all associated zoning maps, constitutes the LCP Implementation Plan.

Coastal Zoning Districts. Any of the coastal zoning districts established by Tile 20 (Coastal Zoning Code), including:

C-ARP (Coastal, Agricultural Residential Planned) C-APZ (Coastal, Agricultural Production Zone)

C-RA (Coastal, Residential Agricultural) C-R1 (Coastal, Single-Family Residence) C-R2 (Coastal, TwoFamily Residence)

C-RMP (Coastal, Residential Multiple Planned)

C-RSP (Coastal, Residential Single-Family Planned) C-RSPS (Coastal, Residential Single-Family Planned, Seadrift Subdivision)

C-CP (Coastal, Planned Commercial)

C-H1 (Coastal, Limited Roadside Business) C-VCR (Coastal, Village Commercial Residential)

C-OA (Coastal, Open Area)

C-RMPC (Coastal, Residential Multiple Planned Commercial)

C-RCR (Coastal, Resort Commercial Recreation)

Co-Located. A telecommunications facility site where a structure contains antennas for more than one telecommunications service or service providers.

Combining District. A combining district is a supplementary zoning designation that is applied to property in addition to a primary zoning district to highlight special regulations that apply to properties within the combining district. The combining districts established by Section 20.62.030 (Coastal Zoning Districts

Established), include -B (Minimum Lot Size). Combining districts are specified in Section 20.62.090 (Coastal Special Purpose and Combining Districts).

Commercial District or Zone. Any of the commercial zoning districts established by Title 20 (Coastal Zoning Code), including:

C-VCR (Coastal, Village Commercial/Residential)

C-RMPC (Coastal, Residential/Commercial Multiple Planned)

C-H1 (Coastal, Limited Roadside Business)

C-CP (Coastal, Planned Commercial)

C-RCR (Coastal, Resort Commercial)

Commercial Gardening (land use). This land use consists of small-scale truck gardening, tree farming, and other similar agricultural production activities, where products are sold off-site.

Commercial Parking and Vehicle Storage (land use). This land use consists of service establishments in the business of storing operative cars, buses, recreational vehicles, and other motor vehicles for clients. Includes both day use and long-term public and commercial garages, parking lots and structures, except when accessory to a principal use. Includes sites where vehicles are stored for rental or leasing. All principal uses are considered to include any customer or public use off-street parking required by this Coastal Zoning Code. Does not include dismantling yards; see "Recycling, Scrap and Dismantling Yards."

Commercial Recreational Facilities. Facilities such as riding stables, chartered fishing boats, amusement or marine parks, operated for private profit.

Commission. See "Planning Commission."

Common Interest Development. A condominium, community apartment project, planned development or stock cooperative, as provided by California Civil Code Section 1351, where individually-owned housing units are located together on a parcel or within a building that is owned in common by all owners of individual units.

Community Apartment Project. A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon; as defined in Business and Professions Code Section 11004 and Civil Code Section 1351(d).

Community Centers (land use). This land use consists of multi-purpose meeting and recreational facilities that are designed to enhance public recreational access and visitor-serving opportunities, and typically consist of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

Community Garden (land use). This land use consists of public or private gardening for non- commercial neighborhood or community use where there is usually a formal or informal sharing of cultivation and maintenance responsibilities. Unlike parks and playgrounds, where plantings are often ornamental and ecological, community gardens emphasize planting of vegetables and agricultural crops.

Community Plan. A planning document which sets forth goals, objectives, policies, and programs to address specific issues related to a particular unincorporated community. Community Plans are considered part of the Marin Countywide Plan.

Completeness Determination. The review of a land use permit application and all supporting materials to determine whether the submittal includes all information and materials required by the Agency to analyze a proposed development's compliance with the relevant standard of review.

Concrete, Gypsum, and Plaster Products (land use). This land use consists of the manufacture of bulk concrete, concrete building block, brick and all types of precast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, such as plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building Material Stores."

Conditional Use. A land use allowed in the applicable zoning district by Title 22, Article V (Zoning Districts and Allowable Land uses) which is not otherwise permitted in that district, but which may be permitted by the County through a Use Permit under conditions set forth in this Coastal Zoning Code or Title 22. County decisions on Coastal Development Permits allowing such uses are appealable to the California Coastal Commission. See Section 20.70.080.B.1 (Appealable Development for Appeal of Coastal Development Permit Decisions).

Conditions, Covenants, and Restrictions (CC&Rs). A declaration recorded with the title to a parcel that may establish private provisions governing how a property shall be held, conveyed, encumbered, leased, rented, used, occupied, and/or improved. Private CC&Rs are not administered or enforced by the County, but CC&Rs emanating from permitting terms and conditions may be

Condominium. As defined by Civil Code Section 1351.f, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within the boundaries may be filled with air, earth, or water, or any combination, and need not be physically attached to any land except by easements for access and, if necessary, support.

Construction Equipment Sales (land use). This land use consists of the retail sale or rental of heavy construction equipment, including cranes, earth moving equipment, heavy trucks, etc.

Construction Yard (land use). This land use consists of the outdoor storage of vehicles and large equipment, or other materials commonly used in the construction business; storage of scrap materials used for repair and maintenance of construction equipment; and buildings or structures for uses including offices and repair facilities.

Contiguous Properties. For the purposes of Chapter 22.92 (Merger of Parcels) and for all certified LCP purposes, all adjoining land owned or controlled by the applicant, the property lines of which touch or join at one or more points, or the property lines of which are separated only by a public or private street, road or other public or private right-of-way, or separated only by other land owned by the applicant.

Conventional District. Any zoning district established by Title 20 (Coastal Zoning Code), that is not included under the definition of "Planned District" provided by this Chapter. The conventional districts include:

C-RA (Coastal, Residential, Agricultural)

C-R1 (Coastal, Residential, Single- Family)

C-R2 (Coastal, Residential, Two-Family)

C-VCR (Coastal, Village Commercial/Residential)

C-H1 (Coastal, Limited Roadside Business)

C-OA (Coastal, Open Area)

Cottage Industry (land use). This land use consists of the design, light manufacturing or product assembly, and the sale of products and services inside a dwelling or within an accessory building located on the same site as the dwelling, by the inhabitants of the dwelling. This land use involves the design, manufacture, and sale of the following products and services, or other uses determined by the Director to be similar in nature including: See Section 20.32.060 (Cottage Industries).

• antique repair and refinishing - jewelry making

• baking & food preparation for off-site consumption

• batik and tie dyeing

• catering

• ceramics

• dress making, cloth decoration, etc.

• furniture and cabinet making, other woodworking

• painting and sculpture

• photography

- sewing

• weaving

• other handcrafts

County. The County of Marin, State of California, referred to in this Coastal Zoning Code as "the County."

County Boundary. The boundary of the unincorporated limits of the County of Marin.

County Code. The Marin County Code.

Countywide Plan. The Marin Countywide Plan, including all of its elements and amendments, and all Community Plans, as adopted by the Board of Supervisors under the provisions of the Government Code

(Sections 65300 et seq.), and referred to in this Coastal Zoning Code as the "Countywide Plan." The Countywide Plan is not a part of the LCP.

Coverage. See "Site Coverage."

Crop Production (land use). This land use consists of commercial agricultural field and orchard uses, including production of:

• field crops

• flowers and seeds

• fruits

• grains

• melons

• ornamental crops

• tree nuts

• trees and sod

• vegetables

Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, and crop harvesting.

Cumulative Effects. The incremental effects of an individual project reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of planned or probable future projects.

• D. Definitions, "D."

DBH. See "Diameter at breast height."

Dairy Operations (land use). This land use consists of specialized and intensive commercial animal facilities for the raising and keeping of dairy animals, including facilities for milking.

Demolition. The act of tearing down, removing, or replacing an existing building, structure, or other physical improvement.

Density. The number of dwellings per acre of lot area, unless otherwise stated, for residential uses.

Density Bonus. An increase in the number of dwelling units over the otherwise maximum allowable residential density as of the date of application by the Applicant.

Design Review. See Chapter 22.42 (Design Review). Design review requirements are contained in Chapter 22.42 (Design Review) rather than in the LCP and such design review requirements apply independent of, and in addition to, Coastal Development Permit requirements.

Development. On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511 of the Public Resources Code).

As used in this section, "structure" includes any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

Development Code. The Marin County Development Code, Title 22 of the Marin County Code.

Development Permit. See "Land Use Permit."

Development Project. "Development project" includes a project involving the issuance of a permit for construction or reconstruction but not a permit to operate. "Development project" does not include any ministerial projects proposed to be carried out or approved by public agencies.

Diameter at Breast Height (DBH). DBH means the diameter of a tree trunk measured in inches at a height of 4.5 feet above ground while standing on level ground or from the uphill side of the tree. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split.

Director. The Director of the Marin County Community Development Agency or designee of the

Director, referred to throughout this Coastal Zoning Code as "Director."

Disabled. A person with: (1) a physical or mental impairment which substantially limits one or more of a person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment.

Discretionary Permit. A permit granted by a review authority in response to a land use permit application after applying the exercise of judgment or deliberation prior to making a decision. Includes any of the following entitlements/approvals established by Title 22, Article IV (Land Use and Development Permits) and/or Title 20 (Coastal Zoning Code): Coastal Development Permits, Design Review, Floating Home Adjustment Permits, Floating Home Architectural Deviations, Master Plans and Precise Development Plans, Use Permits, Sign Review, Temporary Use Permits, Tentative Maps, Tidelands Permits, and Variances. See also "Ministerial Permit."

tablished by Title 22, Article IV (Land Use and Development Permits) and/or Title 20 (Coastal Zoning Code): Coastal Development Permits, Design Review, Floating Home Adjustment Permits, Floating Home Architectural Deviations, Master Plans and Precise Development Plans, Use Permits, Sign Review, Temporary Use Permits, Tentative Maps, Tidelands Permits, and Variances. See also "Ministerial Permit."

Discretionary Project. A development project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely determines whether there has been conformity with applicable statutes, ordinances, or regulations. A timber harvesting plan submitted to the State Forester for

approval under the requirements of the Z'berg-Nejedly Forest Practice Act of 1973 (Pub. Res. Code Sections 4511 et seq.) constitutes a discretionary project within the meaning of the California Environmental Quality Act Section 21065(c).

Disruption of habitat values. Disruption of habitat values may occur when the physical habitat is significantly altered or when species diversity or the abundance or viability of species populations is reduced. The type of the proposed development, the particulars of its design, and location in relation to the habitat area, will affect the determination of disruption.

Division of Land. A change in the intensity or density of use of land, including subdivision (through parcel map, tract map, grant deed), lot line adjustments, redivisions, mergers and certificates of compliance.

Domestic Water Use. Domestic water use is approved, potable water used for indoor and outdoor household and other non-residential purposes including drinking, cooking, personal hygiene, irrigation and the general operation of plumbing fixtures.

Dripline. A vertical line extending from the outermost edge of the tree canopy to the ground.

Drive-in and Drive-thru Sales (land use). This land use consists of the retail sale of food or other products to motorists who do not leave their vehicles to complete their purchases. Examples of facilities included under this land use are fast-food restaurants, drive-through photo processing facilities, coffee sales, dairy product stores, pharmacies, etc.

Drive-in and Drive-thru Services (land use). This land use consists of services provided to motorists who do not leave their vehicles to obtain the services. Examples of facilities included under this land use are driveup bank teller windows, dry cleaners, etc. Does not include: automatic teller machines (ATMs) or automobile service stations, which are separately defined; or car washes (see "Repair and Maintenance - Vehicle").

Driveway. A vehicular access extending from an improved street to a building site.

Dune. Ridges or mounds of loose, wind-blown material, usually sand. A dune structure often has a back and foredune area. Stable dunes are often colonized by vegetation.

Dwelling, or Dwelling Unit. A room or group of internally connected rooms that have sleeping, food preparation, eating, and sanitation facilities, but typically not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis. Types of dwellings include single-family dwellings, two-family dwellings, multi-family dwellings, mobile homes, condominiums and townhouses, floating homes, and independent living units for the elderly.

E. Definitions, "E."

Easement, Conservation or Scenic. A grant of partial title from a landowner to a public or nonprofit agency for the purpose of protecting on-site environmental resources or scenic features by limiting the future development of the property.

Educational Tours (land use). Interactive excursion for groups and organizations for the purpose of informing them of the unique aspects of a property, including agricultural operations and environmental

resources.

Effective Date of the Coastal Act. February 1, 1973 for areas subject to the Coastal Zone Conservation Act and January 1, 1977 for areas identified as the Coastal Zone and subject to the Coastal Act.

Electrical and Electronic Equipment, Instruments (land use). This land use consists of the manufacture of manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy. Examples of these products include:

• appliances including stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines

• aviation instruments

• computers, computer components, peripherals

• electrical transmission and distribution equipment

• electronic components and accessories, semiconductors, integrated circuits, related devices

• electrical welding apparatus

• lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting

• industrial controls, instruments for measurement, testing, analysis and control, associated sensors and accessories, miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines

• motors and generators

• optical instruments and lenses

• photographic equipment and supplies

• radio and television receive equipment

• surgical, medical and dental instruments, equipment, and supplies

• storage media, blank and pre-recorded, including magnetic, magneto-optical, and optical products such as compact disks (CDs), computer diskettes and hard drives, digital versatile disks (DVDs), magnetic tape products, phonograph records, etc.

• surveying and drafting instruments

• telephone and telegraph apparatus

• transformers, switch gear and switchboards

• watches and clocks

Does not include testing laboratories (soils, materials testing, etc.) (see "Business Support Services"), or research and development facilities separate from manufacturing (see "Research and Development").

Emergency. A sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services.

Employee Housing. An accessory residential dwelling unit located in a commercial building on a parcel having a primary commercial land use and occupied by an employee of the commercial use on the same property or a family member who is actively engaged in such commercial use.

Endangered Species. An Endangered Species is an animal or plant species in danger of extinction throughout all or a significant portion of its range, as determined by the U.S. Fish and Wildlife Service or National Oceanic and Atmospheric Administration consistent with the Endangered Species Act of 1973, or as designated by the California Department of Fish and Wildlife consistent with the California Endangered Species Act.

Energy Production Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for renewable or non-renewable energy resources, electricity, natural gas, petroleum, coals, solar or wind conversion, wave and tidal energy, biogas, or other source of energy.

Environmental Impact Report (EIR). An informational document prepared pursuant to the California Environmental Quality Act (CEQA). Please refer to CEQA Section 21061 for a complete definition of an EIR.

Environmental Impact Statement (EIS). An informational document that analyzes a project's significant environmental effects and identifies mitigation measures and reasonable alternatives, prepared pursuant to the National Environmental Policy Act (NEPA).

Environmentally Sensitive Habitat Area (ESHA). Areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. ESHAs include wetlands, coastal streams and riparian vegetation, and terrestrial ESHA.

Environmentally Sensitive Habitat Area (ESHA), Terrestrial. Includes non-aquatic ESHA, including habitats of plant and animal species listed under the Federal or California Endangered Species Act and existing populations of the plants listed as 1b or 2 by the California Native Plant Society; coastal dunes; groves of trees that provide colonial nesting and roosting habitat for butterflies or other wildlife; and riparian

vegetation that is not associated with watercourse. Does not include "Stream" or "Wetland." See also, "Environmentally Sensitive Habitat Area (ESHA)" and "Riparian Vegetation."

Equestrian Facilities (land use). This land use consists of the commercial keeping of horses, donkeys, and mules in facilities, including:

• horse ranches

• boarding stables

• riding schools and academies

• horse exhibition facilities

• pack stations

This land use includes barns, stables, corrals, and paddocks accessory and incidental to the above uses. Noncommercial facilities of this type are included in the definition of "Agricultural Accessory Structures." This land use does not include the boarding of up to five horses on property in the C- ARP and C-APZ zones as indicated in Standard 5 of Table 3-7 (General Requirements for the Keeping of Large Animals).

ESHA. See "Environmentally Sensitive Habitat Area."

Estuarine Habitats. A habitat made up of a mixture of fresh and salt waters.

Estuary. A coastal water body, usually semi-enclosed by land, having open, partially obstructed, or intermittent exchange with the open ocean, and in which ocean water is at least occasionally diluted by freshwater from the land. The salinity level may be periodically increased to above that of the open ocean due to evaporation. The mean high tide line shall be defined as the statistical mean of all the high tides over the cyclical period of 18.6 years, and shall be determined by reference to the records and elevations of tidal benchmarks established by the National Ocean Survey. In areas where observations covering a period of 18.6 years are not available, a determination may be made based on observations covering a shorter period, provided they are corrected to a mean value by comparison with observations made at some suitably located control tide station.

Existing. Extant at the time an application is filed with the County.

Existing Accessory Dwelling Unit. A legally constructed and established Accessory Dwelling Unit existing prior to March 27, 1987, or the effective dates of resolutions establishing Second Unit Use Permit standards in specific communities (September 29, 1983 in Bolinas, and June 25, 1985 in Stinson Beach). See also, "Accessory Dwelling Unit."

Exotic Animals. Non-domesticated animals that are carnivorous, poisonous, or not native to North America, commonly displayed in zoos as per Chapter 8.04 of the Marin County Code.

F. Definitions, "F."

Factor of Safety. The quotient of the forces tending to resist a potential landslide divided by the forces tending to drive a potential landslide.

Family. One or more persons occupying a dwelling and living as a single, domestic housekeeping unit, as distinguished from a group occupying a hotel or motel, club, fraternity or sorority house.

Farm. A place of agricultural production for commercial purposes which has annual sales of agricultural products of one thousand dollars ($1,000) or more. For the C-APZ zoning district, the farm shall consist of all parcels owned (in either total or partial fee ownership) by the same owner of the property upon which a farmhouse is located. A farm shall consist of no less than all contiguous properties under common ownership.

Farm Equipment and Supplies Sales (land use). This land use consists of the retail sale, rental, or repair of agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.

Farm Operator. The farm operator is the property owner or lessee who makes the day to day management decisions for the agricultural operation and is directly engaged in the production of agricultural commodities on the property.

Farm tract. All contiguous legal lots under a common ownership within a C-APZ zoning district. No more than one Agricultural Dwelling Cluster may be permitted per farm tract, whether it contains a single farmhouse or in a combination of a farmhouse and one or two intergenerational homes.

Farm Worker Housing. See "Agricultural Worker Housing."

Farmer's Markets (land use). This land use consists of the temporary and/or occasional outdoor retail sale of farm produce from vehicles or temporary stands, located within a parking lot, or a public right- of-way (where authorized by encroachment permit).

Farmhouse. A farmhouse consists of a building owned by the farm owner or operator actively and directly engaged in agricultural use of the property. Such buildings may include factory built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing on permanent foundations.

Feasible. That which is capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Fill. Earth or any other substance or material, including pilings placed for the purpose of placing structures thereon, placed in a submerged area. Also, a deposit of earth material placed by artificial means; any act by which earth, sand, gravel, rock, or any other material is placed, pushed, dumped, pulled, transported, or moved to a new location above the natural surface of the ground, on top of the stripped surface, or in a submerged area.

Final Map. A subdivision map prepared in compliance with Subdivision Map Act, Title 22, Article II, Chapter 2, and approved in compliance with Subdivision Map Act, Article IV, Chapter 3.

Fire Inspector. A person empowered by the chief of a fire department to inspect property for fire safe landscape, wildland management or fire protection.

First Public Road Paralleling the Sea. The "first public road paralleling the sea" means that road nearest to the sea, as defined in Section 30115 of the Public Resources Code, which:

(a)

Is lawfully open to uninterrupted public use and is suitable for such use;

(b)

Is publicly maintained;

(c)

Is an improved, all-weather road open to motor vehicle traffic in at least one direction;

(d)

Is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and

(e)

Does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.

Fish Hatcheries and Game Reserves (land use). This land use consists of commercial fish hatcheries, rearing ponds, aquaculture, fish and game preserves, and game propagation. See "Mariculture" for shellfish, kelp, algae, etc.

Flag lot. See "Lot or Parcel."

Floating Home (land use). This land use consists of any boat, craft, living accommodation, or structure supported by means of flotation, designed to be used without a permanent foundation, that is used or intended for human habitation.

Floating Home Marina (land use). This land use consists of a facility that contains one or more berthing spaces for floating homes.

Flood Hazard Zone. Geographic areas defined by the Federal Emergency Management Agency according to varying levels of flood risk which are depicted on a community's Flood Insurance Rate Map (FIRM). Flood Hazard Zones with a "V" designation are located in coastal areas which have a one percent or greater chance of annual flooding and an additional hazard associated with storm waves (also referred to as the "V Zone").

Flood Velocity Zone. See "Flood Hazard Zone."

Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

The National Flood Insurance Program (NFIP) allows a new or substantially improved non-residential building in an A Zone (Zone A, AE, A1-30, AR, AO or AH) to have a lowest floor below the Base Flood Elevation (BFE), provided that the design and methods of construction have been certified by a registered professional engineer or architect as being dry floodproofed in accordance with established criteria. Floodproofing of areas below the BFE in residential buildings is not permitted under the NFIP except in communities that have been granted an exception to permit floodproofed basements. Floodproofing is not permitted in Coastal High Hazard Areas (Zone V, VE, or V1-30). It is recommended that floodproofing be implemented up to one foot above BFE for a factor of safety and to receive full credit for flood insurance rating.

Floor Area. The sum of the gross area of all floors in all buildings on a site, measured from the exterior faces of the exterior walls, including enclosed understory, basement, and attic space that can be easily converted to living area, but excluding:

All unenclosed horizontal surfaces, including balconies, courts, decks, porches, terraces;

2.

For single-family residential structures, the first 250 square feet of floor area of all detached accessory structures not designed for and/or used for habitable space;

3.

For single-family residential structures, the first 540 square feet of garage areas permanently allocated for vehicle parking;

4.

For two-family, multi-family, and non-residential structures, all floor area that is required to meet minimum parking standards under Title 24;

5.

Exterior wall thickness of greater than 6 inches, where the additional wall thickness results in greater energy efficiency (e.g. straw bale construction or earthen wall construction), as demonstrated by the applicant and subject to the approval of the Director; and

6.

Bay windows.

The floor area of stairways, elevators, and other vertical accesses is included in the total floor area only as to the "footprint" (area at the base) of the vertical access, and is not counted at each floor of a building. In order to qualify as an unenclosed horizontal surface, at least one of the longest wall planes of the space shall be kept open with the exception that railings with a surface area that is at least 50% open and unobstructed by structural elements and that are necessary for safety or convenience purposes may be allowed within the open wall plane. As defined herein, understory, basement, and attic space that can be easily converted to living area include: (1) unconditioned and unimproved spaces that yield a minimum clear room area of 7 feet by 7 feet and a minimum ceiling height of 7 ½ feet or higher; and (2) all attic areas with a minimum ceiling height of 5 feet or higher.

Floor Area Ratio (FAR). The total floor area of all buildings on a lot, divided by the area of that lot. For example, a building with 3,000 square feet of floor area on a 10,000 square foot lot has a FAR of .30. See Figure 8-1 (Floor Area Ratio).

FIGURE 8-1 FLOOR AREA RATIO

==> picture [300 x 361] intentionally omitted <==

Food Preparation Facilities. Food preparation facilities may include, but are not limited to, a stove, oven, microwave, hot plate, refrigerator, sink, counters, or cabinets. Wet bars and snack bars are not considered food preparation facilities.

Food Products (land use). This land use consists of the manufacture of or processing foods for human consumption, and certain other related products. Examples of the products included in this land use are:

• bakery products

• candy, sugar and confectionery products

• catering services separate from stores or restaurants

• dairy products

• fats and oil products

• fruit and vegetable canning, preserving, related processing

• grain mill products and by-products

• meat, poultry, and seafood canning, curing, byproduct processing

• miscellaneous food item preparation from raw products

Does not include: bakeries which sell all products on site (see "Retail Stores, General Merchandise"); beer brewing as part of a brew pub, bar or restaurant (see "Bars and Drinking Places"); beverage production other than dairy products (see "Beverage Production"); slaughterhouses and rendering plants (see "Slaughterhouses and Rendering Plants"); or operations on crops after harvest (see "Agricultural Processing Uses").

Footprint. The horizontal surface area covered by a structure.

Forestry. The practice of cultivating, managing, using, and conserving forests.

Front Wall. The wall of the building or other structure nearest the street upon which the building faces.

Front Wall (Signs). For the purposes of Chapter 22.28 (Signs), the front wall is the wall of a structure that contains the primary entrance or entrances to the premises. If there are entrances in more than one wall, the longest of the walls in which primary entrances are located shall be the front wall. The front wall includes not only the wall itself, but all doors, windows, and other openings and projections.

Frontage. See "Lot Frontage."

Fuel and Ice Dealers (land use). This land use consists of the retail sale to consumers of ice, bottled water, fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, as a principal use.

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Fully Protected Species. Fully Protected species is a classification of fish, amphibians, reptiles, birds and mammals established by the California Department of Fish and Wildlife prior to the

Federal Endangered Species Act of 1973, to identify and provide additional protection to those animals that were rare or faced possible extinction at the time. Fully Protected species may not be taken or possessed at any time and no licenses or permits may be issued for their take except for collecting these species for necessary scientific research and relocation of the bird species for the protection of livestock. Species provided this classification are listed under the California Fish and Wildlife Code Sections 3511, 4700, 5050, and 5515, however some of the listed species names are no longer consistent with current scientific nomenclature.

Functional Capacity, Self-Sustaining Habitat. The ability of a habitat to be self-sustaining and to maintain natural species diversity or special-status species.

Furniture and Fixtures Manufacturing (land use). This land use consists of the manufacture of products including:

• bedsprings and mattresses

• drapery hardware

• household appliances

• lockers

• office furniture

• partitions

• shades

• shelving

• store furniture

• window blinds

• wood and metal household furniture

Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Lumber and Wood Products."

Furniture, Furnishings and Equipment Stores (land use). This land use consists of the retail sale of products including:

• draperies

• floor coverings

• furniture

• glass and chinaware

• home furnishings

• home sound systems

• large musical instruments

• lawn furniture

• movable spas and hot tubs

• office furniture

• other household electrical and gas appliances

• outdoor furniture

• refrigerators

• stoves

• televisions

• G. Definitions, "G."

Garage, Carport, or Car Deck. See "Parking Structure."

General Plan. See "Marin Countywide Plan."

Glass Products (land use). This land use consists of the manufacture of flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations; see "Handcraft Industries and Small Scale Manufacturing."

Golf Courses/Country Clubs (land use). This land use consists of golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment and clothing; and golf cart storage and sales facilities.

Grade. The ground elevation used as the basis for measurement of allowed structure height. Grade shall be the elevation of the natural or finished grade at the exterior of the structure, whichever is more restrictive, and the elevation of the natural grade within the footprint of the structure. In those instances where a structure, or a portion of a structure, is seaward of the mean high tide line then mean sea level shall be treated as grade in that location. Retaining walls cannot be used to raise the Grade and increase the allowable height of a structure.

Grading. Any excavation, stripping, cutting, filling, or stockpiling of soil material, or any combination thereof. As used in this Coastal Zoning Code, grading does not include plowing, tilling, harrowing, aerating, disking, planting, seeding, weeding, fertilizing or other similar routine agricultural cultivation practices for ongoing agricultural operations (see "Agricultural Production Activities, Ongoing").

Grantee/Grantor Index. The index to real property transfer transactions maintained by the Marin County Recorder.

Group Homes (land use). This land use consists of a dwelling unit licensed or supervised by any federal, state, or local health/welfare agency which provides 24-hour nonmedical care of unrelated persons who are not disabled but are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. Includes: children's homes; rehabilitation centers; self-help group homes. Medical care may be provided in conjunction with group homes that provide alcoholism or drug abuse recovery or treatment services. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "Medical Services - Extended Care."

Guest House (land use). This land use consists of a detached structure that has a bathroom and that contains more than 400 square feet of floor area that is subject to building permit requirements under the residential occupancy code. To be a guest house, the structure cannot contain food preparation facilities.

H. Definitions, "H."

Handcraft Industries, Small-Scale Manufacturing (land use). This land use consists of the manufacture of products not classified in another major manufacturing group, including: jewelry; musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; and other miscellaneous manufacturing industries.

, Small-Scale Manufacturing (land use). This land use consists of the manufacture of products not classified in another major manufacturing group, including: jewelry; musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; and other miscellaneous manufacturing industries.

Harbors (land use). This land use consists of facilities providing a full range of services related to: commercial and recreational fishing; fisheries and hatcheries; seafood processing; ship and boat building and repair; marine hardware sales and service; petroleum storage and handling; boat storage and miscellaneous storage activities. Facilities primarily oriented toward recreational activities are included under the definition of "Marinas."

Hazardous Waste Facility. A state-licensed facility for the temporary storage and/or processing of hazardous waste.

Health/Fitness Facilities (land use). This land use consists of fitness centers, gymnasiums, health and athletic clubs including sauna, spa or hot tub facilities; tennis, handball, racquetball, archery and shooting ranges and other sports activities.

Health Officer. The Marin County Health Officer.

Height, Structure. The vertical distance from grade, as defined herein, to the highest point of a structure. Maximum height shall be measured as the vertical distance from grade to an imaginary plane located the allowed number of feet above and parallel to the grade. The maximum height of buildings located in areas subject to tidal action shall be measured from mean sea level (MSL).

Heritage Tree. Any one of the following as indicated in the table below:

Highway. State Route 1, State Route 101, and Panoramic Highway.

Historic Area. Areas mapped and described as historic areas in the Marin County Local Coastal Program, including those within Bolinas, Inverness, Marshall, Olema, Point Reyes Station, Stinson Beach, and Tomales.

Historic Lot. A unit of real property that was formerly a legal lot of record.

Historic Public Use. Use of private land as if it were public land in a manner that is substantial (rather than minimal) and continual, although not necessarily continuous, over a long period of time.

Historic Structure. As determined by the Marin County Local Coastal Program, any building constructed prior to 1930, including any accessory structures on a site.

Holiday Product Sales. See "Outdoor Retail Sales, Temporary.

Home Occupation (land use). This land use consists of the conduct of a business within a dwelling, or, within an accessory building located on the same site as the dwelling, employing the occupant of the dwelling, with the business activity being subordinate to the residential use of the property, where the use is clearly secondary and incidental to the use of the property as a single-family residence, or, in agricultural zoning districts and agricultural dwelling units, permissible only within otherwise allowable agricultural dwelling units and clearly secondary and incidental to the use of the property for agricultural production. See Section 20.32.100 (Home Occupations).

f the property, where the use is clearly secondary and incidental to the use of the property as a single-family residence, or, in agricultural zoning districts and agricultural dwelling units, permissible only within otherwise allowable agricultural dwelling units and clearly secondary and incidental to the use of the property for agricultural production. See Section 20.32.100 (Home Occupations).

Homeless Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. In order for a facility to be a homeless shelter, no

person may be denied emergency shelter because of an inability to pay, per Health and Safety Code Section 50801(e).

Homestay. See "Agricultural Homestay Facility."

Horses, Donkeys, Mules, Ponies (land use). This land use consists of the raising or keeping of horses, donkeys, mules, and/or ponies for domestic/recreational or agricultural purposes.

Hotel or Motel (land use). This land use consists of facilities with guest rooms and/or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

Household Income. The gross annual household income considering household size, income of all wage earners, elderly or disabled family members, and all other sources of household income.

Household Pets (land use). This land use consists of the keeping of cats, dogs, and other domesticated animals, determined by the Director to be comparable based on factors including size, sanitation requirements, odor, noise, etc., accessory and incidental to a residential use.

Housing Authority. The Marin County Housing Authority, a nonprofit public corporation.

Housing Costs. The monthly mortgage principal and interest, property taxes, homeowners insurance, and condominium fees, where applicable, for ownership units; and the monthly rent for rental units.

Housing Director. The Executive Director of the Marin County Housing Authority.

Housing Project. A development of housing units at one location, including all units for which permits have been applied for or approved within a 12-month period.

HUD. The United States Department of Housing and Urban Development, or its successor.

Hunting and Fishing Clubs - Private (land use). This land use consists of hunting of wildlife, fishing, and accessory structures where such activities are undertaken by the property owner(s) and their guests without a fee being charged.

Hunting and Fishing Clubs - Public (land use). This land use consists of hunting of wildlife, fishing, and accessory structures where such activities are undertaken by guests or members of the public for a fee.

I. Definitions, "I."

Illegal Lot, Use or Structure. A lot, use or structure that did not receive a required Coastal Development Permit or did not lawfully exist on the effective date of the Coastal Act.

Implementation Plan. Title 20 and all associated zoning maps, constitutes the LCP Implementation Plan. See "Coastal Zoning Code."

Impoundments and Diversions. Impoundments and diversions refer to alterations in stream flows through holding or diverting water supply.

Including. Means "including, but not limited to…"

Inclusionary Unit/Lot. A housing unit or lot that is required by Chapter 22.22 (Affordable Housing Regulations) to be affordable to extremely low, very low or low income households, as specified or that has been proposed by an applicant and approved by the County to meet the requirements of Chapter. 22.22 (Affordable Housing).

Income Qualifying Household. Household whose income is defined as extremely low, very low, low or moderate-income for Marin County as published by the U.S. Department of Housing and Urban Development (HUD) or the California Department of Housing and Community Development (HCD) with adjustments for household size. Current or applicable schedule to be applied is at the discretion of the Director.

a.

Moderate income, 80 to 120 percent of area median income.

b.

Low income, 50 to 60 percent of area median income.

c.

Very low income, 30 to 50 percent of area median income.

d.

Extremely low income, 30 percent and less of area median income.

Income Restricted Housing. Dwelling units with long-term income restriction which restrict occupancy to households at or below a specific income.

Individual Sewage Disposal System. The term "individual sewage disposal system" means and includes any system of piping, treatment devices or other facilities (excluding chemical toilets) that store, convey, treat or dispose of sewage onsite, which is discharged anywhere other than into a public sewer system.

A.

Standard Individual Sewage Disposal System. Any individual sewage disposal system which includes a septic tank (with or without the use of sump chamber and pump) by which method subsurface effluent is disposed of through leach lines.

B.

Alternative Individual Sewage Disposal System. Any individual sewage disposal system which may or may not include a standard septic tank for treatment, or does not include standard leaching trenches for effluent disposal, which has been demonstrated to function in such a manner as to protect water quality and preclude health hazards and nuisance conditions.

Indoor Recreation Centers (land use). This land use consists of facilities providing indoor amusement/entertainment services for a fee or admission charge, such as:

- bowling alleys

• card rooms

• coin-operated amusement arcades

• dance halls, clubs and ballrooms

• electronic game arcades

• ice skating and roller skating rinks

• pool and billiard rooms

Five or more electronic games or coin-operated amusements in any establishment is considered an electronic game arcade as described above. Four or less machines are not considered a land use separate from the primary use of the site.

Infant. An infant is a child less than 12 months of age.

Initial Study. A preliminary analysis to determine whether an Environmental Impact Report (EIR), Mitigated Negative Declaration or a Negative Declaration must be prepared, and to identify any potentially significant environmental effects that are to either be mitigated or further analyzed.

Initial vineyard planting work. The removal of existing vegetation or agricultural plants, vines, or trees, grading, disking, ripping, soil chiseling, terracing, and other major soil conditioning and recontouring, vineyard field road construction, installation of underground drainage systems, grassed waterways, diversion ditches, and other drainage improvements, installation/development of vineyard water supply systems, installation of temporary and permanent erosion and sediment control measures and other activities undertaken as part of the initial land preparation phase of an authorized vineyard planting or replanting.

In-Lieu Fee. A fee paid to the County by developers in lieu of providing required on-site inclusionary units or lots, or a fee paid to the County by developers in lieu of dedicating parkland, or a fee paid to the County to comply with other Code requirements.

Institutional Structure, or Use. A publicly-owned structure accommodating a public facility; or a private structure designed and operated as a church, hospital, school, or similar facility.

Intergenerational Home. In the C-APZ land use designation and zoning district, a type of agricultural dwelling unit allowed subject to certain criteria and which may only be occupied by occupants authorized by the farm owner or operator actively and directly engaged in agricultural use of the property.

Internal Floor Area. The sum of the gross area of all floors in all buildings on a site, measured from the interior faces of the exterior walls, including enclosed understory, basement, and attic space that can be

easily converted to living area, but excluding all unenclosed horizontal surfaces, including balconies, courts, decks, porches, terraces.

The floor area of stairways, elevators, and other vertical accesses, is included in the total floor area only as to the "footprint" (area at the base) of the vertical access, and is not counted at each floor of a building. In order to qualify as an unenclosed horizontal surface, at least one of the longest wall planes of the space shall be kept open with the exception that railings with a surface area that is at least 50% open and unobstructed by structural elements and that are necessary for safety or convenience purposes may be allowed within the open wall plane. As defined herein, understory, basement, and attic space that can be easily converted to living area include: (1) unconditioned and unimproved spaces that yield a minimum clear room area of 7 feet by 7 feet and a minimum ceiling height of 7 ½ feet or higher; and (2) all attic areas with a minimum ceiling height of 5 feet or higher.

J. Definitions, "J."

Junk. Materials that characterize junk typically include automotive parts, vehicle body parts, inoperable vehicles, household furniture, appliances, household trash, building materials, scrap wood, scrap metal, and machine parts.

Junk Yard (land use). This land use consists of outdoor storage occupying an area of 200 square feet or more, or the storage of junk in any yard adjoining a street, for collecting and assembling, storing, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. In no case shall the stored junk exceed a height of five feet.

K. Definitions, "K."

Kennels and Animal Boarding (land use). This land use consists of the keeping, boarding or maintaining of six or more household pets at least four months of age or older, except for household pets in pet shops or animal hospitals. "Kennel" does not mean and does not include any lot or premises on which a person has been issued a dog hobbyist or ranch dog permit in compliance with the provisions of Sections 8.04.245 (Dog Hobbyists) or 8.04.246 (Ranch Dog Permittees) of the Marin County Code.

Kitchen. See "Food Preparation Facilities."

L. Definitions, "L."

Lagoon. A shallow body of water, such as a pond, lake or seasonally closed river mouth, usually located near or connected to the sea.

Lake. A relatively large and deep confined perennial water body that is mapped by the USGS.

Land Division. See "Division of Land."

Land Use. The purpose for which land or a building or other development thereon is occupied.

Land Use Permit. Any of the entitlements/approvals described by Title 20 (Coastal Zoning Code), including Design Review, Floating Home Adjustment Permits, Use Permits, Temporary Use Permits, Tidelands Permits, Variances, Master Plans, or Precise Development Plans.

Landscaped Area. The entire planting area within a parcel affected by new plantings and supporting irrigation, excluding building footprints, paved driveways, parking areas, decks, patios, walkways and undisturbed natural areas. Water features may be included in the landscaped area.

Large Family Day Care Home (land use). See "Child Day Care Facilities."

Laundries and Dry Cleaning Plants (land use). This land use consists of service facilities engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; and carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment; see "Personal Services."

LCP. See "Local Coastal Program."

Lead Agency. The public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment.

Legal Lot. See "Legal Lot of Record."

Legal Lot of Record. A parcel is considered to be a legal lot of record under the Subdivision Map Act if it was created in conformance with any of the following criteria:

A.

Recorded subdivision. The lot was created through a subdivision Final map or Parcel map recorded on or after January 1, 1930. Antiquated subdivisions shall not be deemed to have created lots. A lot depicted on a subdivision Final map or Parcel map recorded before January 1, 1930 may be considered a legal lot only if it has been reconveyed subsequent to January 1, 1930 with references made to the original subdivision Final map or Parcel map.

B.

Individual lot legally created by deed. The lot was legally created by deed conveyance into separate ownership and was in compliance with the zoning and subdivision requirements that applied at the time of creation.

C.

Merged lots. Notwithstanding A through B above, when historic lots were merged by agency action or pursuant to applicable state law, the merged historic lots comprise a single legal lot of record.

D.

Lots created after the effective date of the Coastal Act. After the effective date of Coastal Act regulation, a lot located within the Coastal Zone, lawfully created, and consistent with the requirements prescribed under A, B, or C above and also pursuant to an applicable Coastal Development Permit.

Libraries and Museums (land use). This land use consists of public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums,

and planetariums, which are generally non-commercial in nature.

Liquor Store (land use). A retail store offering beer, wine, and/or distilled spirits for off-premises consumption which either devotes 20% or more of the floor area or display area to, or derives 75% or more of gross sales receipts from, the sale of these products.

Livestock Operations, Grazing (land use). This land use consists of the raising or keeping of cattle, or other animals of similar size, where feed is provided primarily by grazing when on-site resources are available. Does not include the keeping of horses, donkeys, mules, or ponies, (see "Horses, Donkeys, Mules and Ponies").

Livestock Operations, Large Animals (land use). This land use consists of the raising or keeping of cattle, goats, ostriches, sheep, hogs, or other farm or exotic animals of similar size, in corrals or other similar enclosures. Does not include the keeping of horses, donkeys, mules, or ponies, (see "Horses, Donkeys, Mules and Ponies") or the grazing or pasturing of large animals on open rangeland (see "Livestock Operations, Grazing"). See also, "Dairy Operations."

s of the raising or keeping of cattle, goats, ostriches, sheep, hogs, or other farm or exotic animals of similar size, in corrals or other similar enclosures. Does not include the keeping of horses, donkeys, mules, or ponies, (see "Horses, Donkeys, Mules and Ponies") or the grazing or pasturing of large animals on open rangeland (see "Livestock Operations, Grazing"). See also, "Dairy Operations."

Livestock Operations, Sales/Feed Lots, Stockyards (land use). This land use consists of specialized and intensive commercial animal facilities including animal sales yards, stockyards, and cattle feedlots. Feedlots are any site where cattle are held and maintained for the purposes of feeding/fattening, for market, and where at least 60 percent of the feed is imported or purchased. Does not include slaughterhouses or rendering plants; see "Slaughterhouses and Rendering Plants." See also, "Dairy Operations."

Livestock Operations, Small Animals (land use). This land use consists of the raising or keeping of up to 12 fowl and/or 12 rabbits or similar animals. Does not include hog raising, dairying or the raising or keeping for commercial purposes of cattle, horses, or similar livestock, as determined by the Director; see "Livestock Operations, Large Animals."

Local Coastal Program (LCP). A document that consists of a Land Use Plan and Implementing actions consisting of relevant portions of the County's Development Code, zoning Ordinances and Zoning District maps prepared and adopted by the County and certified by the Coastal Commission in compliance with the California Coastal Act of 1976 (Division 20 of the Public Resources Code).

Lot. Types of lots include the following. See Figure 8-3 (Lot Types).

1.

Corner Lot. A lot located at the intersection of two or more streets, bounded on two or more sides by street lines.

2.

Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee or by means of an access easement.

3.

Interior Lot. A lot abutting only one street.

Through Lot. A lot with frontage on two generally parallel streets.

FIGURE 8-3 LOT TYPES

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Lot Area. Lot area is the total area included within the lot lines of a lot, exclusive of adjacent street rights-ofway and any portion of the property located below mean high tide that is subject to tidal action.

Lot Coverage. Lot coverage is the percentage of total site area occupied by structures, and paving for vehicle and pedestrian use. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles and pedestrians. See Figure 8-4 (Lot Coverage).

FIGURE 8-4 LOT COVERAGE

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Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 8-5 (Lot Lines and Lot Features). The Director shall determine lot depth for parcels of irregular configuration.

FIGURE 8-5 LOT LINES AND LOT FEATURES

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Lot Frontage. The boundary of a lot adjacent to a public or private street right-of-way.

Lot Line, or Property Line. Any recorded boundary of a lot. Types of lot lines are as follows. See Figure 8-5 (Lot Lines and Lot Features):

1.

Front Lot Line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the property line bounding the street to which the property is addressed and the street from which access is taken. On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.

2.

Interior Lot Line. Any lot line not abutting a street.

3.

Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

4.

Side Lot Line. Any lot line that is not a front or rear lot line.

Lot Width. The average horizontal distance between the side lot lines. See Figure 8-5 (Lot Lines and

Lot Features). The Director shall determine lot width for parcels of irregular shape.

Low Impact Development (LID): A development site-design strategy with a goal of maintaining or reproducing the site's pre-development hydrologic functions of storage, infiltration, and groundwater

recharge, as well as maintaining the volume and rate of stormwater discharges and protecting water quality. Low Impact Development strategies use small-scale integrated and distributed management practices, including minimizing impervious surfaces, infiltrating stormwater close to its source, and preserving permeable soils and native vegetation.

Low Income. See "Income Qualifying Household."

Lumber and Wood Products (land use). This land use consists of the manufacture, processing, and sale of milled forest products, including rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:

• containers, pallets and skids

• milling operations

• trusses and structural beams

• turning and shaping of wood products

• wholesaling of basic wood products

• wood product assembly

Craft-type shops are included in "Handcraft Industries and Small-Scale Manufacturing." Other wood and cabinet shops are included under "Furniture and Fixture Manufacturing." The indoor retail sale of building materials, construction tools and equipment is included under "Building Material Stores."

M. Definitions, "M."

Machinery Manufacturing (land use). This land use consists of the manufacture of machinery and equipment for purposes and products including the following:

• bulldozers

• carburetors

• construction

• conveyors

• cranes

• die casting

• dies

• dredging

• engines and turbines

• farm and garden

• food products manufacturing

• gear cutting

• heating, ventilation, air conditioning

• industrial trucks and tractors

• industrial furnaces and ovens

• industrial molds

• laundry and dry cleaning

• materials handling

• mining

• oil field equipment

• paper manufacturing

• passenger and freight elevators

• pistons

• printing

• pumps

• refrigeration equipment

• textile manufacturing

Major Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy that costs more than one hundred thousand dollars ($100,000) with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611 or 30624.

Major Public Works. (1) Publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities; and (2) Public Works facilities (see definition of "Public Works") that cost more than one hundred thousand dollars ($100,000) with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611 or 30624.

Major Vegetation. Any vegetation that is a sensitive species, defined as species listed by the state or federal government as threatened, endangered, or as a species of special concern, or that is located, on a beach or sand dune, within fifty feet of the edge of a coastal bluff, in an Environmentally Sensitive Habitat

Area ESHA) or its buffer, or heritage trees or vegetation that is visually prominent and/or a significant part of the public viewshed.

Map Act. See "Subdivision Map Act."

Mariculture (land use). This land use consists of agricultural activities dedicated to the culture and husbandry of aquatic organisms including shellfish, mollusks, crustaceans, kelp, and algae. See "Fish Hatcheries and Game Reserves," for activities related to fish.

Marin Countywide Plan. The Marin Countywide Plan, including all its elements and all amendments, adopted as the General Plan by the Board of Supervisors under the provisions of Government Code Sections 65300 et seq.

Marinas (land use). This land use consists of recreationally-oriented small craft harbors that may include mooring and launching facilities and accessory facilities for boat servicing. Mooring, launching, and service facilities oriented primarily toward the needs of commercial fishing are included under the definition of "Harbors." Marinas accommodating floating homes are defined as "Floating Home Marinas."

Marine Environment. The marine environment consists of the ocean, the high-energy coastline, and bays, inlets, lagoons, and estuaries subject to the tides. Marine habitats are affected by the waves and currents of the open ocean and the water regimes are determined primarily by the ebb and flow of oceanic tides.

Master Plan. See Chapter 22.44 (Master Plans and Precise Development Plans).

Medical Services Clinics and Laboratories (land use). This land use consists of businesses primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including:

• health management organizations (HMOs)

• medical and dental laboratories

• medical, dental and psychiatric offices

• out-patient care facilities

• other allied health services

Counseling services by other than medical doctors or psychiatrists are included under "Offices."

Medical Services Extended Care (land use). This land use consists of the provision of nursing and healthrelated care as a principal use, with in-patient beds. This land use includes: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities that are licensed or supervised by any federal, state, or local health/welfare agency. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care Facilities," and "Group Homes."

Medical Services - Hospitals (land use). This land use consists of the provision of diagnostic services and extensive medical treatment, including surgical and other related services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care

services. May include on-site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the separate definition of "Accessory Retail Uses").

Membership Organization Facilities (land use). This land use consists of permanent headquarters and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:

• business associations

• civic, social and fraternal organizations

• country clubs (golf courses separately defined)

• labor unions and similar organizations

• political organizations

• professional membership organizations

• other membership organizations

Metal Fabrication, Machine and Welding Shops (land use). This land use consists of the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.

• blacksmith and welding shops

• sheet metal shops

• machine shops and boiler shops

Mezzanine. An intermediate floor placed within any story or room. If the total floor area of a mezzanine is more than one-third of the total floor area of the room, it shall be considered an additional story.

Mineral Resource Extraction (land use). This land use consists of the extraction from the ground of hydrocarbons, gravel, or sand resources, or other commercial surface mining or underground mining and processing activity. Oil and gas well drilling, geothermal wells, production operations and related facilities are not permitted.

Mini Mart. A convenience retail store on the site of a service station, which typically sells food products and other products serving the needs of travelers.

Ministerial Permit. A permit granted for a development after applying fixed, objective standards with little or no subjective evaluation as to the wisdom or manner of carrying out the project. Examples are Sign Permit, Large Family Day-care Permit, Homeless Shelter Permit, Final Map approval, and Building Permits. See also "Discretionary Permit."

Minor. Any person under 18 years of age.

Mixed Use. An existing or proposed development that includes more than one type of land use.

Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single-Family Dwellings."

Mobile Home Park (land use). This land use consists of any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

Moor. The fixing of a vessel in one location, temporarily or permanently, by mooring, anchoring, grounding, or any other means.

Motel. See "Hotel or Motel."

Multi-Family Dwellings (land use). This land use consists of multiple detached dwellings on the same lot, or a building or a portion of a building used and/or designed as residences for two or more families living independently of each other. Includes: duplexes, triplexes, fourplexes and apartments (five or more units under one ownership in a single building); and townhouse development (three or more attached singlefamily dwellings where no unit is located over another unit. Accessory Dwelling Units and farm worker housing are not considered in the calculation of the number of units for this definition and do not convert a single-family development into a multi-family development.

Mutual Water Company. A state-licensed water purveyor providing domestic water to multiple residences, where the owners of property being served are shareholders in the company.

N. Definitions, "N."

NAVD (North American Vertical Datum). A vertical elevation control datum used in height measurements.

Native Tree. See "Protected Tree and Heritage Tree."

Native Tree Removal. Generally means the destruction of any protected tree or the alteration of any protected tree which may adversely affect the health and survival of the tree. Includes "removal of a tree." Routine trimming and pruning is not considered tree removal for the purpose of this Chapter.

Natural Disaster. Any situation in which the natural force or forces which destroyed a structure were beyond the control of the owner.

Nature Preserves (land use). This land use consists of sites with environmental resources intended to be preserved in their natural state.

Negative Declaration. A written statement describing the reasons that a proposed project that is not otherwise exempt from the California Environmental Quality Act (CEQA) will not have a significant adverse effect on the environment and, therefore, does not require the preparation of an Environmental Impact

Report (EIR). Please refer to CEQA Guidelines Section 15369.5 for a complete definition of a Negative Declaration.

New Development. For purposes of applying Section 30212 of the Coastal Act only, new development consists of any development other than the following:

(1)

Replacement of any structure pursuant to the provisions of subdivision (g) of Coastal Act Section 30610.

(2)

The demolition and reconstruction of a single-family residence; provided, that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure.

(3)

Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height, or bulk of the structure by more than 10 percent, which do not block or impede public access, and which do not result in a seaward encroachment by the structure.

(4)

The reconstruction or repair of any seawall; provided, however, that the reconstructed or repaired seawall is not seaward of the location of the former structure.

(5)

Any repair or maintenance activity for which the Coastal Commission has determined by regulation, pursuant to Coastal Act Section 30610, that a Coastal Development Permit will be required unless the Coastal Commission determines that the activity will have an adverse impact on lateral public access along the beach.

As used in this definition "bulk" means total interior cubic volume as measured from the exterior surface of the structure.

Nonconforming Lot. A lot of record that was legally created, but does not conform with this LCP because the lot is of a size, shape, or configuration no longer allowed in the zoning district that applies to the site, as a result of the adoption of, or amendments to this LCP.

Nonconforming Structure. A structure that was legally constructed, but does not conform with this LCP because the structure does not meet LCP requirements.

Nonconforming Use. A use of land, and/or within a structure, that was legally established, but does not conform with this LCP because the use is no longer allowed in the zoning district that applies to the site, as a result of amendments to this LCP Ordinance.

O. Definitions, "O."

Occupancy. The use or operation of a site or structure for an approved land use.

Off-Road Vehicle Courses (land use). This land use consists of areas set aside for the use of off-road vehicles, including dirt bikes, motorcycles, and four-wheel drive vehicles. Does not include sports assembly facilities (see "Sports Facilities and Outdoor Public Assembly"), or simple access roads that are usable only by four-wheel or two-wheel drive vehicles in conjunction with a permitted land use.

Off-Site Product. A product that is produced on property other than the site where it is offered for sale.

Offices, Business (land use). This land use consists of the provision of direct services to consumers. This land use includes establishments such as insurance agencies, real estate offices, and post offices (not including bulk mailing distribution centers, which are included under "Vehicle and Freight Terminals").

Does not include: medical offices (see "Medical Services - Clinics and Laboratories"); or offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed as part of an approved principal use.

Offices, Professional (land use). This land use consists of professional or government offices including:

• accounting, auditing and bookkeeping services

• advertising agencies

• architectural, engineering, planning and surveying services

• attorneys

• counseling services

• court reporting services

• data processing and computer services

• detective agencies and similar services

• educational, scientific and research organizations

• employment, stenographic, secretarial and word processing services

• government offices including agency and administrative office facilities

• management, public relations and consulting services

• photography and commercial art studios

• writers and artists offices outside the home

Does not include: medical offices (see "Medical Services - Clinics and Laboratories") or offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed as part of an approved principal use.

Offices, Property Management (land use). This land use consists of accessory offices on the site of an apartment complex, mobile home park, or commercial facility, for the purpose of providing tenant services.

Offices, Temporary (land use). This land use consists of a mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.

Offices, Temporary Real Estate (land use). This land use consists of the temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.

On-Site Product. A product that is produced on the same property where it is offered for sale.

Open Coastal Waters. The marine environment in the Coastal Zone.

Open Water. In conjunction with a Floating Home Marina, a privately owned or controlled water area, which is devoid of any structure or appurtenances including mooring facilities for any vessels or piers, docks, ramps, walkways or other exit ways.

Organizational Houses (land use). This land use consists of residential lodging houses operated by membership organizations for their members and not open to the general public. Includes fraternity and sorority houses.

Original Lot. A contiguous area of real property under one ownership, which is proposed for division in compliance with Title 22, Article VI (Subdivisions).

Outdoor Commercial Recreation (land use). This land use consists of facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including:

• amusement and theme parks

• drive-in theaters

• go-cart and miniature auto race tracks

• golf driving ranges separate from golf courses

• health and athletic club outdoor facilities

• miniature golf courses

• skateboard parks

• swim and tennis clubs

• tennis courts

• water slides

• zoos

May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, fast-food restaurants, video game arcades, etc. Spectator facilities are included in the definition of "Sport Facilities and Outdoor Public Assembly."

Outdoor Retail Sales and Activities (land use). This land use consists of the outdoor retail sale or rental of autos and other vehicles and equipment, lumber, and other uses where the business is not conducted entirely within a structure.

Outdoor Retail Sales, Temporary (land use). This land use consists of the temporary outdoor retail sales activities, examples of which include:

• Christmas trees, pumpkins or the sale of other seasonal items

• semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows

• sidewalk or parking lot sales longer than one weekend

• retail sales in temporary locations outside the public right-of-way

Farmer's markets are separately defined.

P. Definitions, "P."

Paper Products (land use). This land use consists of the manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products such as paper bags, boxes, envelopes, wallpaper, etc.

Paper Street. Any street, road, or public vehicular access, or portion thereof, shown on a subdivision map which is undeveloped and/or unimproved, excluding "driveways," as previously defined.

Parcel. A unit of real property.

Parcel. A unit of real property.

Parcel Map. The subdivision map described by the Subdivision Map Act, Title 22, Article III, Chapter 2, which is required by Title 22, Article VI (Subdivisions) to complete a subdivision of four or fewer lots.

Parking Structure. Parking space or shelter for automobiles or other vehicles.

1.

A garage is an attached or detached accessory structure, which is enclosed on at least three sides;

2.

A carport is an attached or detached accessory structure, which is enclosed on no more than two sides;

3.

A car deck is an unenclosed and uncovered platform providing off-street parking spaces, normally constructed at the street level of a sloping lot.

Parks and Playgrounds (land use). This land use consists of public parks, play lots, playgrounds, and athletic fields for non-commercial neighborhood or community use, including tennis courts. If privatelyowned, the same facilities are included under the definition of "Private Residential Recreation Facilities." See also "Golf Courses/Country Clubs," "Outdoor Commercial Recreation," and "Sport Facilities and Outdoor Public Assembly."

Paving and Roofing Materials (land use). This land use consists of the manufacture of various common paving and petroleum-based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood and various compositions of asphalt and tar. The manufacture of wood roofing materials (shingles, shakes, etc.) is included under "Lumber and Wood Products."

Permitted Use. As used in the Land Use Tables, a land use allowed by Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses) subject to compliance with all applicable provisions of the LCP, and subject to first obtaining any building permit or any other permit required by the County Code. County actions on Coastal Development Permits allowing such uses are appealable to the California Coastal Commission. See Section 20.70.080.B.1 (Appealable Development) for Appeal of Coastal Development Permit Decisions.

Person. Any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof.

Personal Services (land use). This land use consists of the provision of non-medically related services. Examples of facilities included in this land use include: beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided.

Pipelines and Utility Lines (land use). This land use consists of transportation facilities for the conveyance of water or commodities other than petroleum. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, surge and storage tanks. Utility lines include facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "Offices"), or distribution substations (see "Public Utility Facilities").

y lines include facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "Offices"), or distribution substations (see "Public Utility Facilities").

Planned District. Any zoning district established by this Title 20 (Coastal Zoning Code), that is not included under the definition of "Conventional District" provided by this Chapter. The planned districts include:

C-APZ (Coastal, Agricultural Production Zone)

C-ARP (Coastal, Agricultural, Residential Planned)

C-RSP (Coastal, Residential, Single-Family Planned)

C-RSPS (Coastal, Residential, Single-Family Planned, Seadrift Subdivision)

C-RMP (Coastal, Residential, Multiple Planned)

C-RCR (Coastal, Resort and Commercial Recreational)

C-RMPC (Coastal, Residential/Commercial Multiple Planned)

C-CP (Coastal, Planned Commercial)

Planning Commission. The Marin County Planning Commission, appointed by the Board of Supervisors as provided by Government Code Section 65101, and Title 2 of the Marin County Code, referred to throughout this Development Code as the "Commission."

Plant Nurseries (land use). This land use consists of the commercial production of ornamental plants and other nursery products, grown under cover or outdoors. May include establishments engaged in the sale of such products, and commercial scale greenhouses. The sale of house plants or other nursery products is also included under "Retail Stores, General Merchandise." Home greenhouses are included under "Residential Accessory Uses and Structures."

Plastics and Rubber Products (land use). This land use consists of the manufacture of rubber products such as: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and other rubber products from natural, synthetic or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires. Also includes: establishments engaged in molding primary plastics for other manufacturers, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services. Establishments engaged primarily in recapping and retreading automobile tires are classified in "Auto, Mobile home, Vehicle and Supplies Sales."

Playground. See "Parks and Playgrounds."

Poster Board. A sign consisting of a framed or unframed surface, freestanding or attached to a wall or fence or other structure, designed and located only for the display of announcements of coming performances of cultural, educational, and athletic events.

Precise Development Plan. See Chapter 22.44 (Master Plans and Precise Development Plans).

Premise(s). The site of a land use or activity subject to the requirements of this Development Code.

Prescriptive Rights. Public rights that are acquired over private lands through use as defined by California law.

Prime agricultural land. Lands defined in paragraph (1), (2), (3), or (4) of subdivision (c) of Section 51201 of the Government Code as:

(1)

All land that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability classifications.

(2)

Land which qualifies for rating 80 through 100 in the Storie Index Rating.

(3)

Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture.

(4)

Land planted with fruit- or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre.

Primary Structure. See "Structure, primary."

Primary Zoning District. One of the agricultural, residential, commercial, or special purpose zoning districts established by Title 20 (Coastal Zoning Code), that is applied to a site by the Zoning Map in addition to one or more of the combining districts established by Section 20.62.030 (Coastal Zoning Districts Established).

Principal Permitted Use. The principal land use allowed by Chapter 20.62 (Coastal Zoning Districts and

Allowable Land Uses) and as used in the Land Use Tables, including activities which are functionally related to one another so as to be viewed as effectively one use type or group. Such uses are subject to compliance with all applicable provisions of this Coastal Zoning Code, and subject to first obtaining any building permit or any other permit required by the County Code. Land divisions are development that is not designated as the principally permitted use in any zoning district. See Section 20.70.080.B.1 (Appealable Development) for Appeal of Coastal Development Permit Decisions.

Principal Structure. The primary structure on the property.

Printing and Publishing (land use). This land use consists of printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other "quick printing" services; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; and establishments manufacturing business forms and binding devices.

Private Residential Recreation Facilities (land use). This land use consists of privately-owned, noncommercial outdoor recreation facilities provided for members or project/neighborhood residents, including swim and tennis clubs, park and sport court facilities. Does not include golf courses/country clubs, which are separately defined.

Private Road. A street or right-of-way owned and maintained by a private person(s) or entity(ies).

Project. See "Development, or Project."

Property Line. See "Lot Line or Property Line."

Proposed Parcel(s). Each separate parcel shown on a tentative map or lot line adjustment, as proposed by an applicant.

Public Access Deed Restriction. A legal document that places responsibilities upon the landowner relative to public use within a specifically defined area of the property, in order to allow for a public accessway.

Public Access Offer to Dedicate (OTD). A legal document that offers an easement across private land for a future public accessway. In order to open the accessway or stairway for public use, it must be accepted for management by a responsible agency.

Public Road. A street or highway owned and maintained by the County, a City, the State, the federal government, or other public agency/entity.

Public Safety/Service Facilities (land use). This land use consists of facilities operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities, and civic buildings.

Public Trust Lands. All lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public Trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed, and which were subject to the Public Trust at any time.

Public Utility Facilities (land use). This land use consists of fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:

• corporation and maintenance yards

• electrical substations and switching stations

• natural gas regulating and distribution facilities

• public water system wells, treatment plants and storage

• telephone switching facilities

• wastewater treatment plants, settling ponds and disposal fields

These uses do not include office or customer service centers (classified in "Offices").

Public Works.

(a)

All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.

(b)

All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.

(c)

All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.

(d)

All community college facilities.

See also "Major Public Works."

Q. Definitions, "Q."

Quarry. See "Surface Mining."

R. Definitions, "R."

Recreational Vehicle (RV). A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which is not used for other than transient use, and which meets all of the following criteria:

1.

It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

2.

It contains 400 square feet or less of gross area measured at maximum horizontal projections;

3.

It is built on a single chassis; and

4.

It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

Recreational Vehicle Park (land use). This land use consists of a site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents on a transient basis. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.

Recycling Facilities (land use). This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials.

1.

Mobile Recycling Unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, and carrying bins, boxes, or other containers for such materials.

Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of "Scrap and Dismantling Yards:"

a.

Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and

b.

A heavy processing facility is any processing facility other than a light processing facility.

3.

Recycling Facility. A center for the collection and/or processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site. See "Collection Facility" above.

4.

Recycling or Recyclable Material. Reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials.

5.

Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by state law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.

Referral. Any transmittal, notification, posting, consultation, request for or distribution of information, initiated by the Agency to communicate with other agencies, organizations, groups or the public that pertains to a proposed project.

Religious Places of Worship (land use). This land use consists of religious facilities operated by organizations for worship, or the promotion of religious activities, including:

- churches

- synagogues

- mosques

- religious schools

Includes accessory uses on the same site, such as living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Does not include other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations (such as a recreational camp), which are defined under their respective activities.

Religious Residential Retreat (land use). This land use consists of convents, monasteries, and other facilities where members of religious organizations set themselves apart from the external community for short- or long-term periods to participate in worship and other religious activities.

Repair and Maintenance. Development which does not result in an addition to, enlargement or expansion of the object of the repair and maintenance. Unless destroyed by natural disaster, the replacement of 50 percent or more of a single family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance but instead constitutes a replacement structure. Repair and Maintenance - Consumer Products (land use). This land use consists of the repair of consumer products as the principal business activity. Examples of establishments included in this land use are: electrical repair shops; television and radio and other appliance repair; watch, clock and jewelry repair; reupholstery and furniture repair. Does not include shoe repair (see "Personal Services"), or businesses serving the repair needs of heavy equipment (see "Business Support Services").

Repair and Maintenance - Vehicle (land use). This land use generally consists of the repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a principal use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major and minor facilities. Major vehicle repair facilities deal with entire vehicles. Minor facilities specialize in limited aspects of repair and maintenance (i.e., muffler and radiator shops, quick-lube, etc.).

Includes tire recapping establishments. Does not include automobile parking (see "Commercial Parking and Vehicle Storage"), repair shops that are part of a vehicle dealership on the same site (see "Auto, Mobile home, Vehicle and Parts Sales"); automobile service stations, which are separately defined; or automobile dismantling yards, which are included under "Recycling, Scrap and Dismantling Yards."

Resale Controls. Legal restrictions by which the price of affordable housing units will be controlled to ensure that the units remain affordable to extremely low, very low, low or moderate-income County households, as applicable, over a specified period of time.

Research and Development (land use). This land use consists of scientific research, and the design, development and testing of computer software, and electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, not associated with a manufacturing facility on the same site. Includes chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see "Business Support Services"), or medical laboratories (see "Medical Services - Clinics and Labs").

Residence. See "Dwelling, or Dwelling Unit."

Residential Accessory Uses and Structures (land use). This land use consists of and includes any use that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following accessory structures, and other similar structures and uses normally associated with a residential use of property:

- garages

• gazebos

• greenhouses

• spas and hot tubs

• roof-mounted WECS

• solar collectors

• rainwater cisterns and collectors

• storage sheds

• studios

• swimming pools

• workshops

Also includes community gardens and the indoor storage of owner or occupant owned automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include home satellite dish and other receiving antennas for earthbased TV and radio broadcasts; see "Telecommunications Facilities."

Residential Care Facilities (land use). This land use consists of a dwelling unit licensed or supervised by any federal, state, or local health/welfare agency which provides 24-hour nonmedical care of unrelated persons who are disabled and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. This land use includes licensed senior care facilities. For purposes of calculating residential densities, a unit that contains a food preparation area is not counted as a separate residential unit if meal service is provided at least twice a day as part of the residential care component.

Residential District or Zone. This designation includes any of the residential zoning districts established by Title 20 (Coastal Zoning Code), including:

C-RA (Coastal, Residential, Agricultural)

C-R1 (Coastal, Residential, Single-Family)

C-RSP (Coastal, Residential, Single-Family Planned)

C-RSPS (Coastal, Residential, Single-Family Planned, Seadrift Subdivision)

C-R2 (Coastal, Residential, Two-Family)

C-RMP (Coastal, Residential, Multiple Planned)

Restaurant (land use). This land use consists of the retail sale of prepared food and beverages for on- site consumption. This Development Code distinguishes between restaurants (including cafes and coffee shops) designed to accommodate 40 or fewer patrons, more than 40 patrons, and restaurants that serve alcohol and/or provide live entertainment.

Restaurant, Fast Food (land use). This land use consists of restaurants where customers are served prepared food from a walk-up ordering counter, or drive-through window, for either on- or off-site consumption.

Resubdivision. Changing the street alignment, lot configuration, or drainage of an existing subdivision, except through the Lot Line Adjustment process described in Chapter 22.90 (Lot Line Adjustments). Resubdivision constitutes development for the purposes of this LCP.

Retail Stores, General Merchandise (land use). This land use consists the retail sale of many lines of merchandise. Examples of the types of merchandise, and stores included within this land use are:

• artists' supplies

• auto parts (not repair or machine shops)

• bakeries (retail only)

• bicycles

• books

• cameras and photographic supplies

• clothing and accessories

• department stores

• drug and discount stores

• hobby materials

• jewelry

• luggage and leather goods

• musical instruments, parts and accessories

• newsstands

• orthopedic supplies

• pet stores

• religious goods

• shoe stores

• dry goods

• fabrics and sewing supplies

• florists and houseplant stores

• garden supply stores and sale of houseplants and nursery products

• general stores

• grocery stores

• hardware

• small wares

• specialty shops

• sporting goods and equipment

• stationery

• toys and games

• variety stores

Retail Stores, Visitor/Collector (land use). This land use consists of the retail sale of products oriented primarily toward visitors to Marin County and/or collectors other than local resident populations. Examples of the stores and products included under this land uses are antiques, art galleries, gift, souvenir, and curio shops, and handcraft sales (stores may include crafting subordinate to sales).

Retreat Rate. The rate at which wave action and other coastal hazard and erosion processes will cause a coastal bluff or shoreline to erode and/or retreat.

Review Authority. The Board of Supervisors, Health Officer, Planning Commission, Zoning Administrator, Community Development Director, and, in cases of Coastal Development Permit and related appeals, the

Coastal Commission, where designated by this Development Code as having the responsibility and authority to review, approve, or deny land use and development applications in compliance with this Development Code.

Ridge and Upland Greenbelts. The uppermost portions of hills, and the wooded hillsides identified in the Built Environment Element of the Marin Countywide Plan, or as defined by Program C-DES-3.a through a future LCP amendment.

Right-to-Farm Ordinance. An ordinance that was adopted in compliance with the Marin Countywide Plan for the purpose of protecting existing or future agricultural uses.

Riparian Vegetation. Vegetation associated with a watercourse and relying on the higher level of water provided by the watercourse. Riparian vegetation can include trees, shrubs, and/or herbaceous plants. Woody riparian vegetation includes plants that have tough, fibrous stems and branches covered with bark and composed largely of cellulose and lignin. Herbaceous riparian vegetation includes grasses, sedges, rushes and forbs broad-leaved plants that lack a woody skeleton.

Room Rental (land use). This land use consists of the rental of bedrooms within a dwelling or accessory structure, excluding a guest house, where meals are not provided. This use is subordinate to the primary residential use of the property.

Rural Recreation (land use). This land use consists of facilities for outdoor recreational activities including: outdoor archery, pistol, rifle, and skeet shooting ranges and clubs; rodeo facilities; guest ranches; and health resorts including outdoor hot springs or hot tub facilities. Hunting and fishing clubs are separately defined.

• S. Definitions, "S."

Sale of Agricultural Products (land use). This land use consists of retail sales of agricultural products. Includes seasonal structures, such as roadside stands, which are open structures for retail sales, and permanent structures for year-round sales. Does not include hay, grain and feed sales (see "Farm Equipment and Supplies").

Schools (land use). This land use consists of public and private educational institutions, including:

• boarding schools

• business, secretarial, and vocational schools

• community colleges, colleges and universities

• elementary, middle, and junior high schools

• establishments providing courses by mail

• high schools

• military academies

• professional schools (law, medicine, etc.)

• seminaries/religious ministry training facilities

- pre-schools

Also includes specialized non-degree granting schools offering instruction in:

- art

• ballet and other dance

• computers and electronics

• drama

• driver education

• language

• music

Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Includes child day-care facilities where authorized by the same type of land use permit required for the school itself.

Scrap. See "Junk."

Sea. The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non- estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels. "Sea" does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, including any river, stream, tributary, creek, or flood control or drainage channel flowing directly or indirectly into such area.

Second Hand Stores (land use). This land use consists of the purchase and retail sale of used products, including books, clothing, furniture and household goods. The sale of antiques is included under "Retail Stores, Visitor/Collector." The sale of cars and other used vehicles is included under "Auto, Mobile Home, Vehicle and Parts Sales."

Second Unit. See "Accessory Dwelling Unit."

Septic System. An on-site sewage disposal system consisting of a septic tank, and a soil infiltration leach field, evapotranspiration mound, or other approved disposal facility. See also "Individual Sewage Disposal System."

Setback (front, side and rear). The distance by which a structure is required to be separated from a lot line, measured perpendicular to the lot line. Setbacks from private streets and driveways are measured from the edge of the easement. See also "Yard." Figure 8-6 (Setbacks) shows the location of front, side, street side, and rear setbacks.

FIGURE 8-6 SETBACKS

==> picture [300 x 279] intentionally omitted <==

Service Station (land use). This land use consists of the retail sale of gasoline or other motor vehicle fuels, which may also include services incidental to fuel sales. These incidental services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

sts of the retail sale of gasoline or other motor vehicle fuels, which may also include services incidental to fuel sales. These incidental services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

Sewage Disposal System. See "Individual Sewage Disposal System."

Shopping Center (land use). This land use consists of structures with six or more independently operated retail uses whose combined gross floor area totals at least 20,000 square feet, and which are located on a site where any underlying separate lots are tied together by a binding legal agreement providing rights of reciprocal parking and access.

Shoreline. The intersection of the ocean or sea with land; the line delineating the shoreline on National Ocean Service nautical charts and surveys approximates the mean low water line from the time the chart was prepared.

Shoreline Parcel. A parcel located wholly or partially along the shoreline.

Sign. Any display or device which is intended to or may, in the judgment of the Director, communicate an advertisement, announcement, direction, identity, or other message to attract, and/or distract, hold, direct, or focus the attention of, persons on public property or on private property generally open to members of the public. A sign includes any moving part, lighting, sound equipment, framework, background material, structural support, or any other part. See "Sign Area." A display or device need not contain any lettering to be considered a sign.

Sign Area. Sign area consists of the message, background and any frame or outline and does not include any material used exclusively for structural support. Where a sign message has no background material or where the background is an undifferentiated wall, the area shall consist of the smallest convex shape which encompasses the total message. The area of a conic, cylindrical, spheric or multifaced sign shall be its maximum projection on the vertical plane (e.g., for a two-faced sign, only one side shall be measured).

Significant Tobacco Retailer. Any tobacco retailer engaged in the sale and/or distribution of tobacco products or paraphernalia to the general public, excluding wholesale businesses, that either devotes 20% or more of floor area or display area to, or derives 75% or more of gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia.

Single-Family Dwellings (land use). This land use consists of a building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the California Building Code (CBC), and mobile homes/manufactured housing on permanent foundations.

Single-Family Residential Zoning District. A zoning district listed in Title 20 (Coastal Zoning Code) which allows single-family dwellings, but not two-family or multi-family dwellings. These zoning districts include:

C-RA (Coastal, Residential, Agricultural)

C-R1 (Coastal, Residential, Single Family) C-RSP (Coastal, Residential, Single-Family

Planned)

C-RSPS (Coastal, Residential, Single-Family Planned, Seadrift Subdivision)

Districts zoned A for agricultural uses, other than those listed above, are not included in this definition.

Site. A lot or parcel, or adjoining lots or parcels under single ownership or single control, which is considered a unit for the purposes of development or other use.

Site Coverage. See "Lot Coverage."

Skilled Nursing Facility. A medical care facility providing care for physically or mentally disabled persons, where care is less than that provided by a hospital or other acute care facility. See "Medical Services - Extended Care."

Slaughterhouses and Rendering Plants. Slaughterhouses are establishments primarily engaged in slaughtering cattle, hogs, sheep, lambs, calves, rabbits and fowl for meat to be sold or to be used on the same site in canning, curing and freezing, and in the making of sausage, lard, and other products. Rendering plants are engaged in the rendering of inedible stearin, grease, and tallow from animal fat, bones, and meat scraps.

Slope. The average slope of a lot, or portion thereof, expressed as a percent, which is calculated as follows:

S = (L × I × 100) / A

Where:

S = The average slope of natural ground expressed as a percent

I = The topographic contour interval in feet (i.e., 2-foot contour intervals, 5-foot contour intervals, etc.)

L = The sum of the length of the contour lines expressed in feet

A = The area of the lot, or portion thereof, expressed in square feet

This definition assumes that slope calculations are based on accurate topographic survey maps drawn to a scale of not less than one inch equals 100 feet, with contour lines at maximum 10-foot intervals for ground slope over 15 percent, and at five-foot intervals for ground slope of 15 percent or less.

Slope Ordinance. Minimum lot area requirements established based on slope. See Section 22.82.050 (Hillside Subdivision Design) and Appendix 9 (Hillside Subdivision Design).

Small Family Day-Care Homes (land use). See "Child Day-Care Facilities."

Snack Bar. An area within a residence that accommodates small food preparation appliances, such as a toaster, microwave, and refrigerator and may include a small wetbar-type sink, but not a full-sized refrigerator, stove, or food preparation area. A snack bar is accessory to the primary food preparation facility within the residential unit and is not treated as a separate food preparation facility for purposes of calculating the residential density on the lot.

Solar Energy System. As used in the Marin County Local Coastal Program, "solar energy system" means either of the following:

(1)

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electricity generation, or water heating.

(2)

Any structural design feature of a building, whose primary purpose is to provide for the collection, storage and distribution of solar energy for electricity generation, space heating or cooling, or water heating.

Solid Waste. Unwanted materials discarded by the occupants of homes and businesses, which may include recyclable materials.

Special Purpose District or Zone. Any of the special purpose zoning districts established by Section 20.62.030 (Coastal Zoning Districts Established), including the C-PF (Coastal, Public Facilities) zone as defined in Section 20.62.090 (Coastal Special Purpose and Combining Districts).

Species of Special Concern. As determined by the California Department of Fish and Wildlife, a Species of Special Concern (SSC) is a species, subspecies, or distinct population of fish, amphibian, reptile, bird, or mammal native to California that currently satisfies one or more of the following (not necessarily mutually exclusive) criteria:

a.

Is extirpated from the state or, in the case of birds, in its primary seasonal or breeding role;

b.

Is listed as federally-, but not state-, threatened or endangered;

c.

Meets the state definitions of threatened or endangered but has not formally been listed;

d.

Is experiencing, or formerly experienced, serious (noncyclical) population declines or range retractions (not reversed) that, if continued or resumed, could qualify it for state threatened or endangered status;

e.

Has naturally small populations exhibiting high susceptibility to risk from any factor(s), that if realized, could lead to declines that would qualify it for state threatened or endangered status.

Specific Plan. A detailed plan for the systematic implementation of the general plan, for all or part of the area covered by the general plan, as authorized by Government Code Sections 65450 et seq.

Sport Facilities and Outdoor Public Assembly (land use). This land use consists of indoor and outdoor facilities for spectator-oriented sports and other outdoor public assembly facilities for such activities as outdoor theater productions and concerts. These facilities include: amphitheaters; stadiums and coliseums; arenas and field houses; race tracks; motorcycle racing and drag strips; and other sports facilities that are considered commercial.

State. The State of California.

Stealth Design. A telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment, and so that it blends into the existing built and natural environment in such a way as to avoid significant public view and community character impacts.

Stock Cooperative. A development defined by the Business and Professions Code, Section 11003.2 and the Civil Code, Section 1351.m, where a corporation is formed to hold title to improved real property and the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property.

Stone and Cut Stone Products (land use). This land use consists of the cutting, shaping, and finishing of marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments engaged primarily in buying or selling partly finished monuments and tombstones.

Stop Work Order. A notice issued by the Building Official, or other designated official, that directs the property owner to cease work that was undertaken without proper permits.

Storage, Accessory (land use). This land use consists of the storage of various materials in support of a residential, commercial, or industrial land use on the same site, where the primary use of the site is not a

storage facility.

Storage, Personal Storage Facility (land use). This land use consists of a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.

Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story (floating home). That portion of the superstructure located between the upper surface of any deck and the upper surface of the deck or ceiling next above.

Stream. Streams in the Coastal Zone, perennial or intermittent, which are mapped by the United States Geological Survey (USGS) in the National Hydrographic Dataset.

Stream Bank. The bank of a stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In

areas where a stream has no discernible bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established. In areas where a stream has no discernible bank or riparian vegetation, the stream boundary shall be considered the stream's ordinary high water mark.

Street, public. A public right-of-way or access normally used for vehicular traffic, typically excluding vehicular driveways serving a single lot or parcel and trails or paths used for pedestrian access purposes only.

Structural Alterations. Any change in the supporting members of a building, including bearing walls, columns, beams or girders.

Structural Clay and Pottery Products (land use). This land use consists of the manufacture of brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain products. Artist/craftsman uses are included in "Cottage Industries," "Handcraft Industries and Small Scale Manufacturing," "Home Occupations." See Section 20.32.100 (Home Occupations).

nd Pottery Products (land use). This land use consists of the manufacture of brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain products. Artist/craftsman uses are included in "Cottage Industries," "Handcraft Industries and Small Scale Manufacturing," "Home Occupations." See Section 20.32.100 (Home Occupations).

Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Development Code, the term "structure" includes "buildings." Examples of structures include, but are not limited to:

• residence/guest house

• garage/carport/car deck

• swimming pool/spa

• barn

• arbor/gazebo

- retaining wall

- fence/trellis

In the Coastal Zone, examples of structures also include a road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

Structure, Accessory. See "Accessory Structures."

Structure, Primary. A structure in which the principal use of the site is conducted. On sites with multiple structures, the Director shall determine which is the primary structure based on zoning, use, floor area, owner occupancy, etc.

Studios for Art, Dance, Music, Photography, etc. (land use). This land use consists of the provision of individual and group instruction and training in: the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; and martial arts training studios.

Subdivider. A person, firm, corporation, partnership or association, a governmental agency, public entity or public utility, or the grantor to any such agency, entity, utility or subsidiary, who proposes to subdivide real property for themselves or for others, except employees and consultants or these persons or entities acting in this capacity.

Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized Marin County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes a condominium project, as defined in Section 1351.f of the Civil Code, and a community apartment project, as defined in Section 1351.d of the Civil Code. See also "Land Division."

Subdivision Map. A Tentative, Parcel or Final Map, as described in Title 22, Article VI (Subdivisions).

Subdivision Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.

Submerged Lands. Lands which lie below the mean low tide line.

Substantial Evidence. Enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Argument, speculation, unsubstantiated opinion or narrative, or evidence which is clearly erroneous or inaccurate, does not constitute substantial evidence.

Superstructure (floating home). The portion of a floating home or ark above the lowest deck or the level of floatation.

Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Health and Safety Code section 53260, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community per Health and Safety Code section 50675.14(b).1

Surface Mining. All or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine.

T. Definitions, "T."

Telecommunications Facilities (land use). This land use consists of public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations and equipment, including:

• cellular telephone and personal communications services (PCS) facilities, and enhanced specialized mobile radio facilities

• commercial earth stations for satellite-based communications

• data network communications facilities

• radio and television broadcast facilities, including ham radio facilities

• telephone and telegraph microwave facilities

Includes antennas, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory development and structures, and the land on which they are situated. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections (see "Pipelines and Utility Lines").

Temporary Construction Yard. A site for the storage of construction materials other than the construction site.

Temporary Event. An activity or use that constitutes development of limited duration that involves the placement of non-permanent structures, and/or an activity or use that involves exclusive use of a sandy beach, parkland, filled tideland, water area, street, or parking area otherwise open and available for general public use.

Temporary Mobile Home (land use). This land use consists of a mobile home used as a temporary residence during the construction of a permanent residence on the same site.

Tennis and Other Recreational Uses (land use). Non-commercial facilities constructed for private use on properties developed with homes or other residences. See also "Hotel/Motel," "Outdoor Commercial Recreation," Private Recreational Facility, and "Sports Facilities and Outdoor Public Assembly."

Tentative Map. A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.

Textile and Leather Products (land use). This land use consists of any of the following manufacturing activities:

• coating, waterproofing, or otherwise treating fabric

• dyeing and finishing fiber, yarn, fabric, and knit apparel

• manufacture of knit apparel and other finished products from yarn

• manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles

• manufacturing of woven fabric, carpets and rugs from yarn

• preparation of fiber and subsequent manufacturing of yarn, threads, braids, and twine cordage

• upholstery manufacturing

Thalweg. A line connecting the lowest or deepest points along a stream bed or valley bottom.

Theaters and Meeting Halls (land use). This land use consists of indoor facilities for public assembly and group entertainment, other than sporting events, including:

• civic theaters, meeting halls and facilities for "live" theater and concerts

• exhibition and convention halls

• meeting halls for rent

• motion picture theaters

• public and semi-public auditoriums

• similar public assembly uses

Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see "Sport Facilities and Outdoor Public Assembly."

Threatened Species. A Threatened Species is an animal or plant species likely to become endangered within the foreseeable future throughout all or a significant portion of its range, as determined by the U.S. Fish and Wildlife Service or National Oceanic and Atmospheric Administration consistent with the Federal Endangered Species Act of 1973, or as designated by the California Department of Fish and Wildlife consistent with the California Endangered Species Act.

Tidelands. Lands which are located between the lines of mean high tide and mean low tide.

Timber Harvesting. The cutting of timber and/or removal of forest products for commercial purposes, together with all the work incidental to those operations, including road building, tree marking, hazard reduction, etc.

Tobacco Paraphernalia. Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, and any other item designed for the smoking, use or ingestion of tobacco products.

Tobacco Products. Any substance containing any tobacco leaf, including cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.

Tobacco Retailer. Any person who sells, offers for sale, or offers to exchange for any form of consideration, tobacco, tobacco products, and/or tobacco paraphernalia.

Transfer of Development Rights (TDR). The process established by Chapter 22.34 (Transfer of Development Rights), which allows some or all of the number of dwelling units potentially allowed by the zoning applicable to a "donor" site, to be transferred and built on another "receiving" site, in addition to the number of units potentially allowed by the zoning of the receiving site.

Transit Stations and Terminals (land use). This land use consists of passenger stations for vehicular, ferry, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.

Transit Stop Shelter (land use). This land use consists of a small-scale covered waiting area for busses, taxis, and rail/mass transit stops.

Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months per Health and Safety Code section 50675.2(h).

Two-Family Dwelling (land use). This land use consists of detached residential structures under single ownership containing two dwellings. This land use does not include Accessory Dwelling Units, which are separately defined.

U. Definitions, "U."

Unincorporated Community. A concentration of structures and population within the unincorporated areas of the County identified by the Countywide Plan as a community.

Use. The purpose for which land or a building thereon is designed, or for which it may be occupied. Each business, administrative, professional, industrial, or other establishment, which is separate from another establishment, both in fact and in the appearance presented to the public, shall be considered a separate use.

Use Permit. A discretionary land use permit that may be granted by the review authority in compliance with Chapter 22.48 (Conditional Use Permits), which authorizes a specific use of land on a specific site, subject to compliance with any conditions of approval imposed on the permit.

V. Definitions, "V."

Vacant Lot. A lot which is not developed with a primary structure or is developed only with one or more accessory structures. As used in this Code, development of a lot which entails demolition exceeding 75 percent of the linear sum of the primary structure's exterior walls for each story shall be subject to the regulations for developing a vacant lot.

Variance. See Section 20.70.150 (Coastal Zone Variances).

Vehicle and Freight Terminals (land use). This land use consists of the provision of services incidental to air, motor freight, and rail transportation. Examples of these services and related facilities include:

- freight forwarding services

• freight terminal facilities

• joint terminal and service facilities

• packing, crating, inspection and weighing services

• postal service bulk mailing distribution centers

• transportation arrangement services

• trucking facilities, including transfer and storage

Vermiculture. The raising and production of earthworms and their by-products.

Vessel. Any watercraft of any type or size, including barges, ferry boats, yachts, houseboats, floating homes, and rafts.

Vest. To obtain a right by completing an action required by law.

Vesting Tentative Map. A map that is filed and processed in the same manner as a Tentative Map except as otherwise provided by Section 22.84.110 (Tentative Map Time Limits), or the Subdivision Map Act. A Vesting Tentative Map shall have the words "Vesting Tentative Map" printed conspicuously on its face at the time it is filed with the Agency.

Veterinary Clinics and Animal Hospitals (land use). This land use consists of office and entirely indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. See also, "Kennels and Animal Boarding."

Serving Facility. Facilities that cater to visitors, including stores, shops, businesses, bed and breakfast inns, public and private recreational facilities that provide accommodations, food and service facilities. Includes hotels and motels, campgrounds, parks, nature preserves, restaurants, and commercial recreational development such as shopping, eating and amusement areas which are geared toward and used by the traveling public.

Visually Prominent Ridgeline. A line connecting the topographic highpoints along a ridge that separates watersheds and is visible from public viewpoints.

Viticulture. The cultivation of grapes.

V-Zone. See "Flood Hazard Zone.

W. Definitions, "W."

Warehouse Retail Stores (land use). This land use consists of the retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may or may not be required to pay membership fees.

Warehousing (land use). This land use consists of facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see "Storage, Personal Storage Facilities"); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "Wholesaling and Distribution"); or terminal facilities for handling freight (see "Vehicle and Freight Terminals").

Waste Disposal Sites (land use). This land use consists of County-approved or operated refuse dumps, sanitary landfills and other solid waste terminal disposal facilities, not including facilities for hazardous materials.

Water Conservation Dams and Ponds (land use). This land use consists of water impoundment reservoirs constructed for watering stock, groundwater recharge, and other conservation purposes.

Watershed. The geographical area drained by a river and its connecting tributaries into a common source. A watershed may, and often does, cover a very large geographical region.

WECS (land use). See "Wind Energy Conversion Systems (WECS)."

Wet Bar. An area that includes a bar sink not exceeding a maximum dimension of 12-inches by 12- inches and adjoining cabinets and counters not exceeding an aggregate length of six feet. Electrical service in a wet bar area shall be limited to general purpose receptacles. The maximum size of the trap arm and drain for the bar sink shall not exceed 1.5 inches. Dedicated electrical circuits, gas lines, gas stubouts, and additional plumbing stubouts are prohibited as part of the wet bar area. Wet bars are not considered food preparation facilities.

Wetland. Lands within the Coastal Zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. "Wetland" shall be defined as:

A.

Land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other

substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. For purposes of this section, the upland limit of a wetland shall be defined as:

1.

The boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover;

The boundary between soil that is predominantly hydric and soil that is predominantly nonhydric; or

3.

In the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not.

B.

The term "wetland" shall not include wetland habitat created by the presence of and associated with agricultural ponds and reservoirs where:

1.

The pond or reservoir was in fact constructed by a farmer or rancher for agricultural purposes; and

2.

There is no evidence (e.g., aerial photographs, historical survey, etc.) showing that wetland habitat predated the existence of the pond or reservoir. Areas with drained hydric soils that are no longer capable of supporting hydrophytes shall not be considered wetlands; or

Wholesaling and Distribution (land use). This land use consists of establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as:

• agents, merchandise or commodity brokers, and commission merchants

• assemblers, buyers and associations engaged in the cooperative marketing of farm products

• merchant wholesalers

• stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment

Wild Animal Ranches (land use). This land use consists of the keeping or raising of wild animals for commercial agricultural purposes.

Williamson Act. Formally the California Land Conservation Act of 1965, this Act was designed as an incentive to retain prime agricultural land and open space in agricultural use, thereby slowing its conversion to urban and suburban development. The program entails a 10-year contract between the County and an owner of land whereby the land is taxed on the basis of its agricultural use rather than the market value. The land becomes subject to certain enforceable restrictions, and certain conditions need to be met prior to approval of an agreement.

Wind Energy Conversion System (WECS) (land use). This land use consists of a wind turbine, windmill, or similar machine, which converts the kinetic energy in the wind into a usable form. The WECS consists of all parts of the system, including the wind turbine tower and the transmission equipment.

Wind Testing Facility. Wind testing facilities are those facilities or structures that have been temporarily installed to measure wind speed and directions and collect other data relevant to siting WECS.

X. Definitions, "X." No definitions beginning with the letter "X" are used at this time.

Y. Definitions, "Y."

Yard. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this Development Code. See Section 20.60.045.4 (Setback Requirements and Exceptions) and Figure 8-7 (Setbacks).

1.

Front Yard. An area extending across the full width of the lot between the front lot line and the nearest line of the building.

2.

Rear Yard. An area extending the full width of the lot between a rear lot line and the nearest line of the building.

3.

Side Yard. An area extending from the front yard to the rear yard between the nearest side lot line and the nearest line of the building.

4.

Interior Yard. An area between a lot line and the nearest line of the building that does not abut a street or right-of-way.

Z. Definitions, "Z."

Zoning Administrator. The employee of the Marin County Community Development Agency appointed by the Board of Supervisors as Zoning Administrator, with duties and authority as described in Section 22.110.040 (Zoning Administrator).

Zoning District. An area identified on the County Zoning Map within which certain uses of land and structures are permitted, and regulations are specified by this Development Code. The zoning districts established by this Development Code are described in Title 20 (Coastal Zoning Code).

Zoning Map. The official map or maps of Marin County that identify the specific zoning districts located in the unincorporated areas of the County. The Zoning Map is on file with the Marin County Community Development Agency.

(Ord. No. 3791, § III(Exh. A), 2023)