§ 20.32

This Chapter provides site planning and development standards for land uses that are allowed by Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses) and Chapter 20.64 (Coastal Zone Development and Resource Management Standards) in individual or multiple zoning districts (e.g., in residential, commercial, and industrial districts and in residential and commercial, and/or in commercial and industrial districts).

(Ord. No. 3791, § III(Exh. A), 2023)

20.32.020 - Accessory Retail Uses.

The retail sales of food and other products may be allowed in a restaurant, store, or similar facility within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers in compliance with this Section.

A.

Limitation on use. Accessory retail uses shall be limited to serving employees and customers in pharmacies, gift shops, and food service establishments within institutional uses (e.g., hospitals and schools); convenience stores, gift shops, and restaurants/bars within hotels and resort complexes; restaurants within office and industrial complexes; and/or other uses determined to be similar by the Director.

B.

External appearance. There shall be no external evidence (e.g., signs, windows with merchandise visible from streets or sidewalks external to the site, etc.) of any commercial activity other than the primary use of the site (except in the case of a restaurant/bar within a hotel).

(Ord. No. 3791, § III(Exh. A), 2023)

The standards of this Section shall apply to agricultural accessory activities defined in 20.130. (Coastal Zoning Code Definitions).

In the C-APZ, C-ARP and C-OA zones agricultural accessory activities shall be accessory and incidental to, in support of, and compatible with agricultural production, and may be allowed as a Principal Permitted Use consistent with Table 5-1-a in Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses). Where applicable under Chapter 20.68 (Coastal Development Permit Requirements), agricultural accessory activities within the C-APZ zone may be exempt or categorically excluded from Coastal Development Permit requirements.

(Ord. No. 3791, § III(Exh. A), 2023)

The standards of this Section shall apply to agricultural accessory structures defined in Chapter 20.130 (Coastal Zoning Code Definitions).

In the C-APZ, C-ARP and C-OA zones agricultural accessory structures shall be accessory and incidental to, in support of, and compatible with agricultural production, and may be allowed as a Principal Permitted Use consistent with Table 5-1-a in Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses). Where applicable under Chapter 20.68 (Coastal Development Permit Requirements), agricultural accessory structures within the C-APZ zone may be categorically excluded from Coastal Development Permit requirements.

(Ord. No. 3791, § III(Exh. A), 2023)

20.32.023 - Agricultural Homestays.

The standards of this Section shall apply to agricultural homestays defined in Chapter 20.130 (Coastal Zoning Code Definitions).

Agricultural Homestays shall be accessory and incidental to, in support of, and compatible with agricultural production.

A.

Permit requirements. Agricultural Homestays are allowable in the zoning districts and with the permit requirements determined by Title 20 (Coastal Zoning Code), including the development standards specified in Chapter 20.65 (Coastal Zone Planned District Development Standards).

B.

Land Use Requirements. An Agricultural Homestay shall:

1.

Have no more than five guest rooms and host no more than 15 registered guests,

Provide overnight transient accommodations.

3.

Offer meals only to overnight guests as an incidental, and not as the primary, function of the establishment,

4.

Be located on, and be a part of, a farm that produces agricultural products as its primary source of income,

5.

Operate within an otherwise allowable agricultural dwelling unit and not within an additional separate structure,

6.

Be limited to one per farm tract and

7.

Shall not be allowed if there is already a bed and breakfast on the farm tract.

C.

Site requirements. The proposed site shall conform to all standards of the applicable zoning district.

D.

Appearance. For structures, the exterior appearance of the structure used for the Agricultural Homestay shall maintain a rural character consistent with farm buildings on the property.

E.

Limitation on services provided. The services provided guests by the Agricultural Homestay shall be limited to the rental of bedrooms and the provision of meals at any time to registered guests. The price of food shall be included in the overnight transient occupancy accommodation. There shall be no separate/additional food preparation facilities for guests. Homestay guests may also participate in agricultural activities at the discretion of the homestay operator.

F.

Business license required. A current business license shall be obtained/posted, in compliance with Chapter 5.54 (Business Licenses) of the County Code.

G.

Occupancy by permanent resident required. All Agricultural Homestays shall have one household in permanent residence.

H.

Transient Occupancy Tax. Agricultural Homestays shall be subject to the Transient Occupancy Tax, in compliance with Chapter 3.05 (Uniform Transient Occupancy Tax) of the County Code.

I.

Signs. Signs shall be limited to one on-site sign not to exceed four square feet in area and shall be installed/maintained in compliance with Chapter 20.64.100.A.5 (New Signs). Signs shall also be installed/maintained in compliance with Chapter 22.28 (Signs) in addition to and independent of Coastal Development Permit requirements.

J.

Fire safety. The Agricultural Homestay shall meet all of the requirements of the County Fire Department or local Fire Protection District, as applicable.

K.

Parking. On-site parking shall be provided in compliance with Chapter 20.64.150 (Transportation). Parking shall also be provided in compliance with Sections 24.04.330 through .400 (Parking and Loading) of the County Code in addition to and independent of Coastal Development Permit requirements.

L.

Sewage disposal. Any on-site sewage disposal shall be provided in compliance with Chapter 20.64.140 (Public Facilities and Services). Sewage disposal shall also be provided in compliance with Title 18 (Sewers) of the County Code in addition to and independent of Coastal Development Permit requirements.

(Ord. No. 3791, § III(Exh. A), 2023)

The standards of this Section shall apply in the C-APZ Zone to Farmhouses, Intergenerational Homes, and agricultural worker housing, defined in Chapter 20.130. (Coastal Zoning Code Definitions).

A.

An Agricultural Dwelling Cluster consists of a farmhouse or a combination of one farmhouse and up to two intergenerational homes with the combined total of 7,000 square feet, up to an additional 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. Each agricultural dwelling unit must be owned by a farmer or operator actively and directly engaged in agricultural use on the property. See Chapter 20.130. (Coastal Zoning Code Definitions) for definition of "Actively and directly engaged."

B.

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, including existing homes.

C.

An application for a farmhouse or intergenerational home shall identify all legal lots owned by the same owner of the property upon which the proposed farmhouse or intergenerational home is located including all contiguous legal lots under common ownership (the "farm tract"). The application shall identify all existing agricultural dwellings on the identified legal lots and shall demonstrate that the proposed farmhouse or intergenerational house is located on a legal lot.

D.

Nothing in this subsection shall be construed to prohibit the sale of any legal lot comprising the farm tract, nor require the imposition of any restrictive covenant on any legal lot comprising the farm tract other than the legal lot upon which development of one farmhouse and up to two intergenerational homes is approved. Future development of other legal lots comprising the farm tract shall be subject to the provisions of the LCP and Title 20 (Coastal Zoning Code), including, but not limited to, Section 20.65.040 (C-APZ Zoning District Standards).

E.

No allowable farmhouse or intergenerational home may be divided from the rest of the legal lot. As a condition of permit approval for a farmhouse and/or intergenerational home, future land division of the legal lot containing the farmhouse and/or intergenerational home(s) is prohibited except that lease of the rest of the legal lot at a level of agricultural use that will sustain the agricultural capacity of the site is not prohibited. See restrictive covenant requirements specified in Sections 20.32.025 (Intergenerational Homes) and 20.32.026 (Farmhouse).

F.

A density of 60 acres per unit shall be required for each farmhouse and intergenerational house (i.e., a legal lot must be at least 60 acres for a farmhouse, 120 acres for a farmhouse and intergenerational house, and at least 180 acres for a farmhouse and two intergenerational homes).

G.

Agricultural dwelling units shall not be placed on land designated as prime agricultural land and shall be placed within the mapped clustered development area required in subsection 20.65.040.C.1.d (Standards for all development in the C-APZ).

H.

Agricultural dwelling units may be permitted only if they do not require any Variance.

(Ord. No. 3791, § III(Exh. A), 2023)

The standards of this Section shall apply in the C-APZ Zone to intergenerational homes defined in Chapter 20.130. (Coastal Zoning Code Definitions).

In addition to the provisions of Section 20.32.024 (Agricultural Dwelling Units) pertaining to Agricultural Dwelling Units, the standards of this Section shall apply to intergenerational homes. Intergenerational Homes shall be accessory and incidental to, in support of, and compatible with agricultural production. The intent of these provisions is to allow intergenerational homes in order to support agricultural operations, ensure the viability of agriculture in the Coastal Zone and facilitate multi-generational family farm operation and succession.

A.

Permitted use, zoning districts. Up to two intergenerational homes in addition to the farmhouse may be permitted in the C-APZ, consistent with Table 5-1-a in Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses).

B.

Permit Requirements. Intergenerational homes are allowable in the C-APZ zoning district with the permit requirements determined by Title 20 (Coastal Zoning Code), including the development standards specified in Chapter 20.65.040 (C-APZ Zoning District Standards), and subsections 3 and 4 below.

C.

Location. Intergenerational homes shall be placed on the same legal lot of record as the legally permitted farmhouse, and shall be located immediately adjacent (i.e., within 100 feet) to an existing farmhouse within the Agricultural Dwelling Cluster. When immediately adjacent placement would be inconsistent with applicable LCP standards (such as placement within an Environmentally Sensitive Habitat Area buffer) the intergenerational home shall be placed as close as possible to the farmhouse in a way that also meets applicable LCP standards.

D.

Restrictive Covenant. Intergenerational housing requires the preparation and recordation of a restrictive covenant running with the land for the benefit of the County. The covenant must include, at a minimum, the following:

1.

A detailed description of the intergenerational home or homes.

2.

Assurance that any use will be in conformance with applicable zoning, building and other ordinances and noting that all appropriate permits must be issued and completed prior to any change in use.

3.

Assurance that the intergenerational housing will not be divided or sold separately from the rest of the agriculturally zoned legal lot. As a condition of permit approval for an intergenerational home, future land division of the legal lot containing the intergenerational home is prohibited except that lease of the rest of

the legal lot at a level of agricultural use that will sustain the agricultural capacity of the site is not prohibited.

4.

Language demonstrating that the restriction shall run with the land and shall be binding on all heirs, successors and assigns to the property, and its provisions shall be enforced by the County of Marin.

5.

Assurance that the owner of the intergenerational home shall be actively and directly engaged in agricultural use of the agriculturally zoned legal lot and that the use of the agriculturally zoned legal lot shall remain confined to agriculture. See Section 20.130.030 for definition of "Actively and directly engaged" and "Agricultural use."

E.

Development limit. No more than 27 intergenerational homes may be allowed in the County's coastal zone.

(Ord. No. 3791, § III(Exh. A), 2023)

20.32.026 - Farmhouse.

The standards of this Section shall apply in the C-APZ Zone to farmhouses defined in Chapter 20.130 (Coastal Zoning Definitions).

In addition to the provisions of Section 20.32.024 (Agricultural Dwelling Units) pertaining to Agricultural Dwelling Units, the standards of this Section shall apply to farmhouses. Farmhouses shall be accessory and incidental to, in support of, and compatible with agricultural production. The intent of these provisions is to facilitate farmhouses that are integral with and necessary to support agricultural operations and that are consistent with the provisions of the Marin County Local Coastal Program (LCP). In the C-APZ, farmhouses also shall be considered necessary for agricultural production.

A.

Principal permitted use, zoning districts. A farmhouse is a type of agricultural dwelling unit that may be allowed by Section 20.62.060, Table 5-1 (Coastal Agricultural and Resource-Related Districts), and subject to development standards, including those set forth in Sections 20.32.024 (Agricultural Dwelling Units) and 20.65.040 (C-APZ Zoning District Standards) in the C-APZ zone.

B.

Restrictive Covenant. Development of a farmhouse requires recording a restrictive covenant running with the land for the benefit of the County ensuring that the agricultural farmhouse will continuously be maintained as such. The covenant must include, at a minimum, the following:

1.

A description of the farmhouse.

2.

Assurance that any use will be in conformance with applicable zoning, building and other ordinances and noting that all appropriate permits must be issued and completed prior to any change in use.

3.

Language demonstrating that the restriction shall run with the land and shall be binding on all heirs, successors and assigns to the property, and its provisions shall be enforced by the County of Marin.

4.

Assurance that the farmhouse will not be divided or sold separately from the rest of the agriculturally zoned legal lot. As a condition of permit approval for a farmhouse, future land division of the legal lot containing the farmhouse is prohibited except that lease of the rest of the legal lot at a level of agricultural use that will sustain the agricultural capacity of the site is not prohibited.

5.

Assurance that the owner of the farmhouse shall be actively and directly engaged in agricultural use of the agriculturally zoned legal lot and that the use of the agriculturally zoned legal lot remains confined to agriculture. See Chapter 20.130 (Coastal Zoning Code Definitions) for definition of "Actively and directly engaged" and "Agricultural use."

(Ord. No. 3791, § III(Exh. A), 2023)

20.32.027 - Airparks.

Airparks may be located where allowed by Chapter 20.62 (Coastal Zoning Districts and Allowable Uses) of this Coastal Zoning Code, for business or emergency purposes, subject to the following standards:

A.

State permit required. A permit or exemption shall be obtained from the California Department of Transportation, Division of Aeronautics, and evidence of the permit or exemption shall be presented to the Agency, prior to establishing any airpark.

B.

Nuisance mitigation. A proposed airpark shall be located so that neither air nor related surface traffic constitute a nuisance to neighboring uses. The applicant shall demonstrate that adequate controls or measures will be taken to mitigate offensive bright lights, dust, noise, or vibration.

Airparks shall not constitute a nuisance resulting from frequency and timing of flights, location of landing area, or departure and approach patterns that conflict with surrounding land uses. Coastal resource impacts shall be avoided, and if unavoidable, appropriately mitigated. Airparks do not extend to helicoptering, including private helicoptering.

(Ord. No. 3791, § III(Exh. A), 2023)

The standards of this Section shall apply to agricultural processing defined in Chapter 20.130. (Coastal Zoning Code Definitions).

A.

Agricultural processing is allowed as a Principal Permitted Use in the C-APZ zoning district provided it meets all of the standards set forth below.

1.

The building(s) or structure(s) used for processing activities do not exceed an aggregate floor area of 5,000 square feet;

2.

With the exception of incidental additives or ingredients, agricultural products to be processed are produced within the farmshed, defined as the same farm as the proposed processing facility or on other agricultural properties located in Marin County or Sonoma County.

3.

The operator of the processing facility is directly involved in the agricultural production on the property on which the processing facility is located. For the purposes of this Section, "directly involved" means actively and directly engaged in making day-to-day management decisions for the agricultural operation and being directly engaged in the production of agricultural commodities for commercial purposes on the property.

B.

All Agricultural Processing Facilities shall meet the following standards:

1.

Sufficient parking, ingress, and egress is provided. In addition, conditions as to the time, place, and manner of use of the processing facility may be applied as necessary through the Coastal Development Permit process to ensure consistency with provisions of the LCP.

A Coastal Development Permit appealable to the Coastal Commission and Use Permit approval is required for an agricultural processing use which does not comply with one or more of the standards in Section 20.32.028.A.1 to A.3 listed above.

C.

Coastal Development Permit and Design Review for a processing facility.

1.

Any processing facility, regardless of size, shall require a Coastal Development Permit.

Any processing facility shall require Design Review independent of and in addition to the Coastal Development Permit, unless it satisfies all the following conditions:

(a)

It will be developed and operated wholly within an existing permitted, legal nonconforming, or categorically excluded structure; and

(b)

Its development will not include any significant alteration of the exterior appearance of the existing structure.

(Ord. No. 3791, § III(Exh. A), 2023)

The standards of this Section shall apply to the sale of agricultural products as defined in Section 20.130.030 ("Agricultural Retail Sales Facility/Farm Stand").

A.

The sale of agricultural products is allowed as a Principal Permitted Use in the C-APZ zoning district provided it meets all of the development standards set forth below:

1.

The building(s) or structure(s) or outdoor areas used for retail sales do not exceed an aggregate floor area of 500 square feet;

2.

Agricultural products to be sold are produced by the operator on the same farm as the proposed sales facility, or on the operator's other agricultural properties located in Marin County or Sonoma County;

3.

The operator of the sales facility is directly involved in the agricultural production on the property on which the sales facility is located, and other properties located in the farmshed which provide agricultural products to the retail sales facility. For the purposes of this Section, "directly involved" means actively and directly engaged in making day-to-day management decisions for the agricultural operation and being directly engaged in the production of agricultural commodities for commercial purposes on the property.

B.

All Agricultural Retail Sales Facilities and Farm Stands shall meet the following standards:

1.

Sufficient parking, ingress, and egress is provided. In addition, conditions as to the time, place, and manner of use of the sales facility may be applied as necessary through the Coastal Development Permit process

to ensure consistency with provisions of the LCP.

2.

The sales facility and the building(s) or structure(s) or outdoor areas used for retail sales are not placed on land designated as prime agricultural land.

A Coastal Development Permit appealable to the Coastal Commission and Use Permit approval is required for agricultural retail sales which does not comply with one or more of the standards in Section 20.32.027.A.1 to A.3 listed above.

(Ord. No. 3791, § III(Exh. A), 2023)

In addition to the provisions of Section 20.32.024 (Agricultural Dwelling Units) pertaining to Agricultural Dwelling Units, the standards of this Section shall apply to agricultural worker housing as defined in Chapter 20.130 (Coastal Zoning Code Definitions). The intent of these provisions is to permit and encourage the development and use of sufficient numbers and types of agricultural worker housing units necessary to support agricultural operations and in conformance with the applicable provisions of state law. Agricultural worker housing is a type of agricultural dwelling unit.

A.

Permitted use, zoning districts. Agricultural worker housing may be a permitted agricultural land use when allowed by Section 20.62.060, Table 5-1 (Coastal Agricultural and Resource Related Districts), and when found consistent with required development standards, including those specified in Section 20.65.040 (Allowable Land Uses and Coastal Development Permit Requirements) in the C-APZ zoning district. Agricultural worker housing providing accommodations consisting of no more than 36 beds in group living quarter or 12 units or spaces for agricultural workers and their households shall not be included in the calculation of residential density in the following zoning districts: C-ARP, C-APZ, C-RA, and C-OA.

Up to and including 36 beds or 12 units of agricultural worker housing is allowed per legal lot. In the C-APZ Zone, agricultural worker housing above 36 beds or 12 units per legal lot shall be subject to the density limits of one unit per 60 acres and the application shall include a worker housing needs assessment and plan, including evaluation of other available worker housing in the area. The amount of worker housing approved shall be commensurate with the demonstrated need in the surrounding area. Agricultural worker housing requires recording a restrictive covenant running with the land for the benefit of the County ensuring that the agricultural worker housing will continuously be maintained as such, or, if no longer needed, for non-dwelling agricultural production related uses

B.

Limitations on use:

1.

Referrals. Prior to making a determination that agricultural worker housing, which exceeds the 36 beds or 12 units per legal lot for a specific site, is necessary to support agriculture, the review authority may consult

with such individuals or groups with agricultural expertise as appropriate for a recommendation.

2.

Temporary mobile home. Temporary mobile homes not on a permanent foundation and used as living quarters for five or more farmworkers and their households that are otherwise LCP consistent are also permitted subject to the requirements of the State Department of Housing and Community Development.

3.

Annual Verification. All agricultural worker housing shall require the submittal of an annual verification form to the County.

4.

Licensing. Licensing by the Department of Housing and Community Development and compliance with the Employee Housing Act are required for all Agricultural Worker Housing for five or more farmworkers and their households.

5.

Restrictive Covenant. Agricultural Worker housing requires recording a restrictive covenant running with the land for the benefit of the County ensuring that the agricultural worker housing will continuously be maintained as such, or, if no longer needed, for non-dwelling agricultural production related uses. The covenant must include, at a minimum, the following:

(a)

A detailed description of the dwelling units or spaces.

(b)

Assurance that any change in use will be in conformance with applicable zoning, building and other ordinances and noting that all appropriate permits must be issued and completed prior to any change in use.

(c)

Language demonstrating that the restriction shall run with the land and shall be binding on all heirs, successors and assigns to the property, and its provisions shall be enforced by the County of Marin.

(Ord. No. 3791, § III(Exh. A), 2023)

The standards of this Section shall apply to the keeping of animals in specified zoning districts and their Coastal Zone counterparts, in addition to the standards in Chapter 8.04 (Animal Control) of the County Code.

A.

General standards. The following general standards shall apply:

1.

Requirements. All animal keeping activities shall comply with the general requirements in Tables 3-6 and 3- 7; and

2.

Household pets. Household pets are allowed in all zoning districts.

TABLE 3-6

GENERAL REQUIREMENTS FOR THE KEEPING OF SMALL ANIMALS

(Chickens, Ducks, Exotics, Geese, Guinea Fowl, Pea-fowl, Rabbits, Roosters, and Similar Animals)

TABLE 3-7

GENERAL REQUIREMENTS FOR THE KEEPING OF LARGE ANIMALS, HORSES, DONKEYS, MULES, AND PONIES

(Cows, Exotics, Goats, Pigs, Sheep, Llamas & Similar Animals)

B.

Standards for livestock, horses, donkeys, mules, and ponies. The following standards, which do not apply in the C-A-3 to A-60, C-ARP or C-APZ zoning districts, shall apply to the keeping of livestock, horses, donkeys, mules, and ponies in addition to those in Section 20.32.035.A (General Standards), above:

1.

Location of animals and structures. No animal or any structure for animals shall be located closer than 30 feet to:

a.

The public right-of-way upon which the parcel faces;

b.

Any dwelling;

c.

Any building line on an adjoining parcel (the boundary extended from the nearest edge of a primary or accessory structure or the required setback line on the adjoining parcel, whichever is closer to the property line). See Figure 3-13 (Location of Animals and Animal Structures); and

d.

Additionally, no animal or any structure for animals shall be located in a required setback area, or closer than 10 feet to a property line.

FIGURE 3-13 LOCATION OF ANIMALS AND ANIMAL STRUCTURES

==> picture [360 x 207] intentionally omitted <==

2.

Minimum area and slope standards. The keeping of livestock, horses, donkeys, mules, and ponies shall comply with the following standards:

a.

The minimum lot area for the keeping of one animal shall be 15,000 square feet for properties with one percent through 15 percent slope. For each percent of slope over 15 percent, the minimum lot area shall be increased by 1,000 square feet.

b.

For each additional animal, an additional 5,000 square feet of lot area shall be provided.

c.

No animals shall be allowed on slopes exceeding 50 percent.

3.

Erosion and drainage control plan required. An erosion and drainage control plan shall be submitted and approved by the County Department of Public Works for the keeping of animals on sites over 25 percent in slope.

4.

Site maintenance. The property owner shall submit a manure management plan that should require periodic manure collection and composting or removal of manure from the premises, subject to the approval of the County Health Officer.

Water supply. An adequate supply of fresh water shall be available to animals at all times, subject to the approval of the County Health Officer.

6.

Exceptions by Use Permit. The keeping of horses, donkeys, mules, or ponies may be allowed with Use Permit approval, in compliance with Chapter 22.48 (Conditional Use Permits), in any zoning district not listed in this Section or for an exception from any of the standards.

7.

Existing uses conforming. Any residential property where horses, donkeys, mules, or ponies are legally kept as of the effective date of this Coastal Zoning Code shall be deemed to be conforming. Any expansion of use shall be subject to the provisions of this Section.

(Ord. No. 3791, § III(Exh. A), 2023)

Bed and breakfast inns (B&Bs) are subject to the requirements of this Section. The intent of these provisions is to ensure that compatibility between the B&B and any adjoining zoning district or use is maintained or enhanced.

A.

Permit requirement. B&Bs are allowable in the zoning districts and with the permit requirements determined by Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses), and Chapter 20.64 (Coastal Zone Development and Resource Management Standards).

B.

Site requirements. Except for minimum lot size requirements, the proposed site shall conform to all standards of the applicable Residential, Commercial, Coastal, or Agricultural zoning district.

C.

Appearance. The exterior appearance of the structure used for the B&B shall maintain single-family residential or, in the case of B&Bs on agricultural land, rural farm, characteristics. In the coastal zone, B&B facilities must operate within otherwise allowable agricultural dwelling units and not within an additional separate structure.

D.

Limitation on services provided. The services provided guests by the B&B shall be limited to the rental of bedrooms and the provision of breakfast and light snacks for registered guests. There shall be no separate/additional food preparation facilities for guests. No receptions, private parties, retreats, or similar activities, for which a fee is paid shall be allowed.

E.

Business license required. A current business license shall be obtained/posted, in compliance with Chapter 5.54 (Business Licenses) of the County Code.

F.

Occupancy by permanent resident required. All B&Bs shall have one household in permanent residence.

G.

Transient Occupancy Tax. B&Bs shall be subject to the Transient Occupancy Tax, in compliance with Chapter 3.05 (Uniform Transient Occupancy Tax) of the County Code.

H.

Signs. Signs shall be limited to one on-site sign not to exceed four square feet in area and shall be installed/maintained in compliance with Chapter 20.64.100.A.5) (New Signs) Signs shall also be installed/maintained in compliance with Chapter 22.28 (Signs) in addition to and independent of Coastal Development Permit requirements.

I.

Fire safety. The B&B shall meet all of the requirements of the County Fire Department.

J.

Parking. On-site parking shall be provided in compliance with Section 20.64.150 (Transportation). Parking shall also be provided in compliance with Sections 24.04.330 through .400 (Parking and Loading) of the County Code in addition to and independent of Coastal Development Permit requirements.

K.

Sewage disposal. Any on-site sewage disposal shall be provided in compliance with Section 20.64.140 (Public Facilities and Services). Sewage disposal shall also be provided in compliance with Title 18 (Sewers) of the County Code in addition to and independent of Coastal Development Permit requirements.

(Ord. No. 3791, § III(Exh. A), 2023)

This Section establishes standards for the County review of child day-care facilities, in conformance with State law (Health and Safety Code Section 1596.78), including the limitations on the County's authority to regulate these facilities.

These standards apply in addition to all other applicable provisions of this Coastal Zoning Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social Services is required for all child daycare facilities.

A.

Applicability. Where allowed by and Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses), child day-care facilities shall comply with the standards of this Section. As provided by State law (Health and Safety Code Sections 1596.78, et seq.), small and large family day-care homes are allowed within any single-family residence located in an agricultural or residential zoning district. Child day-care centers are allowed in the zoning districts determined by Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses), subject to Use Permit approval, in compliance with Chapter 22.48 (Conditional Use Permits), and all of the standards in Subsection D, below.

These standards apply in addition to all other applicable provisions of this Coastal Zoning Code and any requirements imposed by the California Department of Social Services. Licensing by the Department of Social Services is required for all child day-care facilities. A California Department of Social Services license for a child day-care facility shall be obtained and evidence of the license shall be presented to the Agency prior to establishing any child day-care facility.

B.

Definitions. Definitions of the child day-care facilities regulated by this Section are in Chapter 20.130 (Coastal Zoning Code Definitions) under "Child Day-Care Facilities."

C.

Large family day-care homes.

1.

Permit requirement. A large family day-care home shall require the approval of a Large Family Day-care Permit by the Director.

2.

Standards for large family day-care homes. As allowed by Health and Safety Code Sections 1597.46 et seq., a large family day-care home shall be approved if it complies with the criteria for a Large Family Daycare Permit in Chapter 22.58 (Large Family Day-Care Permits).

D.

Standards. In the coastal zone, small and large family day-care homes must be within otherwise allowable dwellings and not within additional separate structures.

E.

Child day-care centers.

1.

Permit requirement. A child day-care center shall require approval of a Use Permit in compliance with Chapter 22.48 (Conditional Use Permits).

Standards for child day-care centers. The following standards apply to child daycare centers in addition to the standards in Subsection 20.32.050.C.2 (Large family day-care homes).

a.

Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area or where there would be significant impacts to coastal resources, including public views. In the coastal zone, all fences and walls shall also comply with Section 20.64.045.2 (Fencing and Similar Structure Standards).

b.

Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded, subject to the approval of the Director.

c.

Swimming pools/spas prohibited. No swimming pool/spa shall be installed on the site after establishment of the child day-care center, due to the high risk and human safety considerations. Any pool/spa existing on the site prior to application for approval of a child day-care center shall be removed prior to establishment of the use, unless the Director determines that adequate, secure separation exists between the pool/spa and the facilities used by the children.

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Limitation on use. Cottage industries shall be limited to activities involving the design, manufacture, and sale of the following products and services, or others determined by the Director to be similar. See Section 22.02.020.E (Rules of Interpretation—Allowable Uses of Land).

1.

Antique repair and refinishing;

2.

Baking and the preparation of food specialties for consumption at locations other than the place of preparation;

3.

Catering;

4.

Ceramics;

Cloth decorating by batik, dyeing, printing, silk screening, or other similar techniques;

6.

Clothing production, including dressmaking, etc.;

7.

Furniture and cabinet making and other woodworking;

8.

Jewelry making;

9.

Painting and sculpture;

10.

Photography;

Sewing;

Weaving; and

Other handicrafts.

B.

Permit requirement. Use Permit approval, in compliance with Chapter 22.48 (Conditional Use Permits), is required for a cottage industry. During review of the application, the Zoning Administrator shall consider the adequacy of on- and off-site parking, the degree and intensity of any proposed retail sales, and shall first find that the proposed cottage industry would not result in any adverse impacts on the neighborhood. In the coastal zone, cottage industries must be within otherwise allowable dwellings or accessory structures.

C.

Equipment, noise. Approved cottage industries may use mechanical equipment or processes as necessary, provided that no noise shall be audible beyond the property line of its site.

D.

Employees. A cottage industry established in a dwelling or a detached accessory structure may have employees as authorized by the review authority, provided the number of employees does not exceed

limitations established in an adopted community or specific plan.

E.

Other codes. Cottage industries shall comply with all applicable health, sanitary, and fire codes, and shall obtain a County Business License.

(Ord. No. 3791, § III(Exh. A), 2023)

Limitations on use. As defined in Chapter 20.130 (Coastal Zoning Code Definitions), educational tours are interactive excursions for groups and organizations for the purpose of informing them of the unique aspects of a property, including agricultural operations and environmental resources. In the C-APZ zoning district, educational tours operated by non-profit organizations or the owner/operator of the agricultural operation are a principal permitted use if no revenue is generated in excess of reimbursement costs related to the educational tour; educational tours require a Coastal Development Permit appealable to the Coastal Commission and a Use Permit if as determined by the CDA Director, revenue is generated in excess of

reimbursement costs related to the educational tour. For the purpose of this code section, revenue does not include the collection of charitable donations by non-profit organizations in connection with an educational tour.

(Ord. No. 3791, § III(Exh. A), 2023)

20.32.070 - Floating Home Marinas.

Floating Home Marinas are not allowed in the Coastal Zone.

(Ord. No. 3791, § III(Exh. A), 2023)

Floating Homes are not allowed in the Coastal Zone.

(Ord. No. 3791, § III(Exh. A), 2023)

The standards of this Section shall apply to group homes and residential care facilities. Group homes and residential care facilities are dwellings licensed or supervised by any Federal, State, or local health or welfare agency that provide 24-hour non-medical care of unrelated persons, who 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.

A.

Permitted use, zoning districts. Group homes and residential care facilities are permitted in all zoning districts where dwellings are allowed by Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses) and Chapter 20.64 (Coastal Zone Development and Resource Management Standards). In the coastal zone, group homes and residential care facilities must be within otherwise allowable dwellings.

B.

Limitations on use:

1.

Group homes. Group homes are for persons who are not disabled.

2.

Residential care facilities. Residential care facilities are for persons who are disabled, as defined in Chapter 20.130 (Coastal Zoning Code Definitions).

C.

Permit requirements:

1.

Small group homes (six or fewer persons). A small group home is a permitted use in all zoning districts where dwellings are allowed.

2.

Large group home (seven or more persons). A large group home is a permitted use in all zoning districts where dwellings are allowed, subject to Use Permit approval in compliance with Chapter 22.48 (Conditional Use Permits).

3.

Residential care facilities. A residential care facility is a permitted use in all zoning districts where dwellings are allowed.

4.

Multiple group homes or residential care facilities. Two or more group homes or residential care facilities occupying a lot are a permitted use, subject to:

a.

Use Permit approval in compliance with Chapter 22.48 (Conditional Use Permits) and, where required, Master Plan approval in compliance with Chapter 22.44 (Master Plans and Precise Development Plans); and

b.

Compliance with minimum lot area per unit and maximum density requirements of the zoning district where the dwellings are located.

(Ord. No. 3791, § III(Exh. A), 2023)

A "guest house" is allowed to be located on the same lot as the primary residential structures, for use by occupants of the premises or guests without a payment of a fee. Only one guest house may be allowed on each legal lot. The guest house shall have no food preparation facilities and shall not be rented or otherwise used as a separate dwelling.

(Ord. No. 3791, § III(Exh. A), 2023)

This section establishes standards for the County review of homeless shelters, in conformance with State law.

A.

Applicability. Where allowed by Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses) and Chapter 20.64 (Coastal Zone Development and Resource Management Standards), homeless shelters shall comply with the standards of this Section. Homeless shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. In the coastal zone, homeless shelters must be within otherwise allowable dwellings. No individual or household may be denied emergency shelter because of an inability to pay.

B.

Permit requirement. The use of a homeless shelter shall require the ministerial approval of a Homeless Shelter Permit by the Director, in compliance with Chapter 22.59 (Homeless Shelters), if it complies with the standards of Section 20.32.095.C, below.

C.

Standards.

1.

A homeless shelter shall not provide more than a maximum of 40 beds or serve 40 persons total.

2.

The number of parking spaces required on-site for residents shall be based on 25% of the total beds and staff parking shall be the total number of beds divided by 10.

3.

Shelters shall provide 5 square feet of interior waiting and client intake space per bed. Waiting and intake areas may be used for other purposes as needed during operations of the shelter.

4.

On-site management must be provided during hours of operation. 5. Proximity to other emergency shelters. Emergency shelters shall be at least 300 feet apart.

6.

Maximum length of stay of 6 months.

(Ord. No. 3791, § III(Exh. A), 2023)

The following provisions allow for home occupations that are secondary to a residential use, and compatible with surrounding uses. A "Home Occupation" is any use customarily conducted entirely on properties where residences are authorized and carried on only by its residents.

A.

Permit requirement. A business license shall be obtained/posted in compliance with Chapter 5.54

(Business Licenses) of the County Code for home occupations, which are allowed as accessory uses in all residential zoning districts. Home occupations shall comply with all health, sanitary, and fire codes. In the coastal zone, home occupations must be within otherwise allowable dwellings or accessory structures.

B.

Operating standards. Home occupations shall comply with all of the following operating standards.

1.

Accessory use. The home occupation shall be clearly secondary to the full-time residential use of the property, and shall not cause noise, odors, and other activities not customarily associated with residential uses.

2.

Visibility. The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity be visible from the adjoining public right-of-way or from neighboring properties.

3.

Display, signs. There shall be no window display or advertising sign(s), other than one name plate not exceeding one square foot in area. There shall be no display of merchandise or stock in trade or other identification of the home occupation activity on the premises.

4.

Parking. The use shall not impact the on-street parking in the neighborhood.

5.

Safety. Activities conducted, and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous

materials unless specifically approved by the County Fire Department, in compliance with Title 16 (Fire) of the County Code.

6.

Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the Director.

7.

Employees. A home occupation may be authorized to have a maximum of one non-resident employee with a Use Permit, in compliance with Chapter 22.48 (Conditional Use Permits).

C.

Prohibited home occupation uses. The following are examples of uses that are not incidental to or compatible with residential activities, and are therefore prohibited as home occupations:

1.

Adult businesses;

2.

Dance or night clubs;

3.

Mini storage;

4.

Storage of equipment, materials, and other accessories for the construction and service trades;

5.

Vehicle repair (body or mechanical), upholstery, automobile detailing and painting;

6.

Welding and machining;

7.

Any use which generates more than one client appointment at a time; and

8.

Any other use not incidental to or compatible with residential activities as determined by the Director.

(Ord. No. 3791, § III(Exh. A), 2023)

This Section applies to the culture and husbandry of aquatic organisms including shellfish, mollusks, crustaceans, kelp, and algae.

A.

Support Mariculture. As applicable, Marin County shall support and encourage mariculture in the Coastal Zone for the purposes of producing food, enhancing and restoring fisheries stocks, and contributing to the economy of the state and Marin County, consistent with the protection of other priority uses, such as commercial fishing, coastal recreation such as clamming and boating, and the protection of marine biological resources, water quality, and visual resources. Support provision of onshore facilities necessary to support mariculture operations in coastal waters.

B.

Apply General Standards to Mariculture Operations. Marin County shall apply the following standards and procedures to all mariculture operations:

1.

Protection of eelgrass beds. The siting of oyster allotments, mariculture leases, and mariculture structures shall avoid disturbance or damage to eelgrass beds, including in conformance with Section 30.10, Title 14, California Code of Regulations.

2.

Operator access. Public agencies should be encouraged to consider operator access to mariculture leaseholds.

3.

Shoreline access. Mariculture operations and onshore support facilities shall incorporate provisions for public access to and along the shoreline unless such access would interfere with mariculture and the impacts from access cannot be mitigated to less than significant levels. In evaluating Coastal Development Permits for mariculture, the County shall consider the location of existing accessways and potential conflicts between mariculture and public use of the shoreline.

4.

Boating access. The placement of structures within new or existing allotments and leases shall not interfere with public boating access at high tide to state lands within the leased areas. If boat passages are proposed, they shall be spaced at a minimum of one passage per 1/2 mile of shoreline.

5.

Onshore support facilities. Applicants for a Coastal Development Permit shall specify what access points and onshore support facilities (e.g., boat launch, loading dock, etc.) are required for the proposed mariculture operation, where such facilities will be located, and the timing of use. If private lands will be

used for access or support facilities, the applicant shall submit a written statement from the property owner(s) agreeing to such use. If public lands will be used for access or support facilities, the applicant shall submit a lease from the appropriate public agency allowing such use, and specifying the type, location, and timing of use which is acceptable.

6.

Visual impacts. Mariculture structures shall be sited and designed to minimize visual impacts, especially in areas which are highly visible from public roads, parks, or other public viewing areas.

(Ord. No. 3791, § III(Exh. A), 2023)

This Section applies only in those instances where Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses), Table 5-1 (Allowable Uses and Permitted Requirements for Coastal Agriculture & Resource Related Districts) expressly refers to this Section. Non-agricultural development is defined to include division of agricultural lands and any development not classified as "Agriculture, Mariculture" in Table 5-1 in Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses). The purpose of applying the following standards is to determine whether a specific non-agricultural development, is accessory and incidental to, in support of, and compatible with the primary use of land for agricultural production. The intent of these provisions is to ensure that non-agricultural development only be allowed where long-term agricultural productivity would be maintained and enhanced.

A.

Permitted use, zoning districts. Non-agricultural development may be allowed as a principal permitted land use as allowed by this Coastal Zoning Code subject to the requirements of this section. This Section does not apply to the following zoning districts: C-ARP-1 to C-ARP-5.

B.

Limitations:

1.

General. Require that non-agricultural development, including division of agricultural lands, shall only be allowed upon demonstration that long-term agricultural productivity would be maintained and enhanced as a result of such development, on the subject parcel and any new parcel created, and that agricultural productivity on adjacent parcels would be maintained. In considering divisions of agricultural lands in the Coastal Zone, the County may approve fewer parcels than the maximum number of parcels allowed by the Development Code, based on site characteristics such as topography, soil, water availability, environmental constraints and the capacity to sustain viable agricultural operations.

2.

Referrals. In determining whether a non-agricultural development is allowable, the review authority may refer such a question to such individuals or groups with agricultural expertise as appropriate for a

recommendation prior to making a determination. In making such a determination, among other things the review authority may consider the following:

(a)

Whether the areal extent of land dedicated to agriculture is sufficient to support agricultural production; and

(b)

Whether the agricultural producer can demonstrate that agricultural products are sold commercially; and

(c)

Whether the use intensity and income generation of the agricultural land is consistent with similar agricultural activities in the County and state.

(Ord. No. 3791, § III(Exh. A), 2023)

When allowed in the zoning district applicable to a site, see Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses), residential accessory uses and structures are subject to the provisions of this Section. In the coastal zone, the standards in this section governing residential accessory uses and structures shall also apply to agricultural dwelling units, unless there is a perceived conflict, in which case the agricultural dwelling unit provisions shall control. Residential accessory uses and structures include any uses and structures customarily related to a residence, including swimming pools, workshops, studios, storage sheds, small greenhouses, and garages.

A.

General requirements. All residential accessory uses and structures are subject to the following standards, and may also be subject to more restrictive requirements where established by other provisions of this Section.

1.

Relationship of accessory use to primary use. Residential accessory uses and structures shall be incidental to and not alter the character of the site from that created by the primary use. Accessory uses and structures shall not be allowed until a primary use or structure has been established on the site.

2.

Attached structures. A residential accessory structure that is attached to a primary structure shall comply with all requirements of this Coastal Zoning Code applicable to the primary structure, including setbacks, height, and floor area ratio.

3.

Detached structures:

a.

Height. Residential accessory structures shall be in compliance with Section 20.64.045.3 (Height Limits and Exceptions). A residential accessory structure shall not exceed a height of 15 feet; except that an accessory structure may be constructed to the maximum height allowed by the applicable zoning district for a primary structure, where the structure is located at least 40 feet from any property line and it meets any other applicable requirements (e.g., those protecting public views). Further, where floor area is developed beneath a detached parking structure in conformance with Section 20.32.130.A.3.b below, the maximum height of the detached structure shall be 30 feet.

b.

Setback requirements: Residential accessory structures shall be in compliance with Section 20.64.045.4 (Setback Requirements and Exceptions). Floor area directly beneath a parking structure that is built in reliance on Section 20.32.130.B.2 (Front Setback Exception) may be built to within three feet of the front property line that abuts the adjoining street from which vehicular access is taken, provided the floor area does not extend beyond the footprint of the parking structure.

c.

Coverage. The total aggregate floor area of all detached accessory structures shall not exceed 30 percent of the area contained within the boundaries of the setback required in the rear yard except with Design Review approval, which shall be required in addition to and independent of Coastal Development Permit requirements. See Chapter 22.42 (Design Review).

d.

Floor Area Ratio (FAR). A detached residential accessory structure shall be subject to the FAR requirements of the applicable zoning district, as FAR is defined in Chapter 20.130 (Coastal Zoning Code Definitions).

B.

Parking structures. The following additional requirements shall also apply to detached garages and other residential accessory parking structures for parking.

1.

Floor area ratio. A parking structure shall be subject to the FAR requirements, of the applicable zoning district, as FAR is defined in Chapter 20.130 (Coastal Zoning Code Definitions).

2.

Front setback exception. Where the slope of the one-half of the parcel beginning at the street-access side is 20 percent or more, or where the elevation of the parcel at the property line from which vehicular access is taken is five feet or more above or below the elevation of the adjoining street, a garage, carport, or cardeck may be built to within three feet of the front and side property lines that abut the adjoining street from which vehicular access is taken. All portions of the dwelling other than the parking structure shall maintain the setbacks applicable to the primary dwelling in the applicable zoning district. No portion of a

residential parking structure, including eaves or roof overhangs, shall extend beyond a property line or into an access easement or street right-of-way.

C.

Home occupations. Home occupations are subject to Section 20.32.100 (Home Occupations).

D.

Tennis and other recreational uses. Private non-commercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use may be established with Design Review approval in addition to and independent of Coastal Development Permit requirements, in compliance with Chapter 22.42 (Design Review), and are subject to the following requirements:

1.

Fencing. Court fencing shall be subject to Section 20.64.045.2 (Fencing and Similar Structure Standards).

2.

Lighting. Court lighting may be prohibited, as a condition of the Design Review approval. If allowed, the court lighting may be installed with a height not exceeding 10 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property.

E.

Vehicle storage. The storage of vehicles, including incidental restoration and repair, shall be in compliance with Section 20.20.090.F (Restrictions on the Use of Front Yard Setbacks in Residential Districts), and Chapter 7.56 (Abandoned Vehicles) of the County Code, in addition to and independent of Coastal Development Permit requirements.

F.

Workshops or studios. A residential accessory structure intended for engaging in artwork, crafts, handcraft manufacturing, mechanical work, etc. may be constructed or used as a workshop or studio in a residential zoning district solely for: non-commercial hobbies or amusements; maintenance of the primary structure or yards; artistic endeavors (e.g., painting, photography or sculpture); maintenance or mechanical work on vehicles owned or operated by the occupants; or other similar purposes.

s, handcraft manufacturing, mechanical work, etc. may be constructed or used as a workshop or studio in a residential zoning district solely for: non-commercial hobbies or amusements; maintenance of the primary structure or yards; artistic endeavors (e.g., painting, photography or sculpture); maintenance or mechanical work on vehicles owned or operated by the occupants; or other similar purposes.

Any use of accessory workshops for a commercial activity shall comply with the requirements for Home Occupations in Section 20.32.100 (Home Occupations) or, where applicable Cottage Industries in Section 20.32.060 (Cottage Industries).

(Ord. No. 3791, § III(Exh. A), 2023)

20.32.140 - Residential Accessory Dwelling Units.

A.

Purpose. This Section is intended to accomplish the following:

1.

Meet the County's projected housing needs and provide diverse housing opportunities;

2.

Provide needed income for homeowners;

3.

Provide Accessory Dwelling Units which are safe and built to code;

4.

Provide Accessory Dwelling Units which are compatible with the neighborhood and the environment; and

5.

Comply with provisions of State law, including those contained in Section 65852.2 of the California Government Code.

B.

Applicability. The provisions of this Section shall apply to single-family and multi-family residential zoning districts, including the C-R1, C-R2, C-RA, C-RSP, C-RSPS, C-ARP, RMP, and C-RMP districts in the unincorporated portions of the County.

C.

Design Characteristics. An Accessory Dwelling Unit shall be designed and constructed as a permanent residence with a minimum of 220 square feet of floor area, including: food preparation facilities which may include kitchen counters and cabinets, a stove, oven, hot plate, microwave, refrigerator, or sink, as determined by the Director; both a separate bathroom and separate entrance intended for the use of the occupants, as determined by the Director. An Accessory Dwelling Unit may be established by:

1.

The alteration of a single-family unit whereby food preparation facilities are not shared in common;

2.

The conversion of an attic, basement, garage, or other previously uninhabited portion of a single-family unit;

3.

The addition of a separate unit onto the existing single-family unit; or

The conversion or construction of a separate structure on the parcel in addition to the existing single-family unit.

5.

Accessory Dwelling Units shall be consistent with all lot coverage and other site development standards per the applicable residential zoning district where such standards are considered on a cumulative basis that include accounting for any existing buildings on site. Accessory Dwelling Units shall conform to all of the zoning and development standards (i.e., lot coverage, height, setbacks, design, FAR, etc.) of the residential zoning district which governs the lot.

D.

Limitation on sale. An Accessory Dwelling Unit may be rented but shall not be sold separately from the single-family unit.

E.

Accessory Dwelling Unit Permitting Procedure. Applications for Accessory Dwelling Unit Permits that are not otherwise subject to a discretionary permit (e.g., Coastal Development Permit, Design Review, Variance) shall be approved ministerially without discretionary review or public hearing, pursuant to the Accessory Dwelling Unit Permit requirements established in Chapter 22.56 (Residential Accessory Dwelling Unit Permits).

F.

Recordation of Accessory Dwelling Unit Permits. Any Accessory Dwelling Unit Permit granted in compliance with this Section may be recorded in the County Recorder's Office as an informational document in reference to the title of the subject property.

G.

Periodic report. The Agency shall periodically prepare a report to the Planning Commission and Board on the status of this Section. The report shall include information about the number, size, type, and rent, as available, of each Accessory Dwelling Unit by neighborhood. The report shall provide a basis for an evaluation of the effectiveness of this Section.

(Ord. No. 3791, § III(Exh. A), 2023)

This section applies to development projects that include residential floor area in the C-VCR, C-H1, C-CP, C-RMPC, and C-RCR zoning districts.

A.

Permit requirement. Any allowable dwellings shall be accessory to the primary commercial use and shall be designed and sited in a manner that does not conflict with the continuity of store frontages, while maintaining visual interest and a pedestrian orientation. Residential development within the C-VCR zone

must also comply with the specific standards contained in 20.64.170.A,3 (Mixed Uses in Coastal Village Commercial/Residential Zones).

(Ord. No. 3791, § III(Exh. A), 2023)

The retail sales of food and beverage products and other general merchandise in conjunction with a motor vehicle service station is allowed subject to Use Permit approval, in compliance with Chapter 22.48 (Conditional Use Permits), and the following standards.

A.

Sales area. The maximum allowable floor area for retail sales shall be 175 square feet or 15 percent of the total floor area of the structure whichever is greater. These area limitations may be increased through Use Permit approval provided that the following findings are made:

1.

Retail sales shall be subordinate to the primary motor vehicle service station use(s).

2.

The proportion of retail sales to total floor area of the structure(s) shall be limited to an amount that is reasonable to allow sales of a limited number of items for the convenience of travelers as permitted by Subsection B, below.

3.

The size, extent and operation of retail sales shall not conflict with the predominant character of the area surrounding the service station.

4.

The size, extent, and operation of retail sales shall not cause a significant increase in traffic and noise in the area surrounding the service station. B. Allowed products. Retail sales of non-automotive products shall be limited to items for the convenience of travelers, including film, personal care products, and packaged food and beverage items.

C.

Signs. No exterior signs are allowed to advertise specific items for sale. All on-site signs shall be in compliance with Chapters 22.28 (Signs) and Chapter 5.40 (Posting of Gasoline Prices) of the County Code, in addition to and independent of Coastal Development Permit requirements, including those specified in Chapter 20.64.100.A.5 (New Signs).

D.

Parking. On-site parking shall comply with Sections 24.04.330 through .400 (Parking and Loading) of the County Code, in addition to and independent of Coastal Development Permit requirements, including those

specified in Section 20.64.150 (Transportation), and shall include sufficient spaces for all employees on a single shift.

E.

Restrooms. Restrooms shall be provided and available to the public.

F.

Self-service stations. Establishment of self-service stations or the conversion of existing full-service stations to self-service stations shall require an additional finding by the Zoning Administrator, that the establishment of a self-service station will not adversely affect public health, safety, and welfare by either diminishing the availability of minor emergency help and safety services, including minor motor vehicle repair and public restrooms, or discriminating against individuals needing refueling assistance.

(Ord. No. 3791, § III(Exh. A), 2023)

The installation of any solar energy system, as defined in Chapter 20.130. (Coastal Zoning Code Definitions), must be sited and designed to be consistent with all required setbacks and height limits of the specific zoning district in which it is proposed. In addition, ground area coverage of the system shall have no significant impacts on environmental quality or wildlife habitats and shall meet all other applicable policies and standards of the LCP.

A.

Roof-Mounted Solar Energy System:

1.

Allowed as a Principal Permitted Use in all coastal zoning districts.

2.

May be exempt from the Coastal Development Permit requirement, consistent with Section 20.68.050 (Coastal Development Permit Not Required: Exempt Development).

3.

May exceed the required height limit of the zoning district in which the project is proposed by no more than two feet. If any part of the solar energy system structure exceeds the required height limit by greater than two feet, findings of consistency with the LCP, including Policies C-DES-1-3, shall be required, in addition to and independent of required Design Review.

B.

Free-Standing Solar Energy System:

Allowed as a Permitted Use in all coastal zoning districts.

2.

Exempt from the minimum yard setback requirements of the zoning district in which the project is proposed if the structure does not exceed a height of eighteen inches above grade at any point.

(Ord. No. 3791, § III(Exh. A), 2023)

This Section establishes permit requirements and standards for the development and operations of telecommunications facilities in compliance with State and Federal law, and the LCP.

A.

Permit requirements. Telecommunications facilities are allowable in all zoning districts. All new telecommunications facilities shall require CDP approval, unless exempt pursuant to Section 20.68.050 (Coastal Development Permit Required: Non-Exempt Development).

B.

Electromagnetic fields. The electromagnetic field (EMF) strengths or equivalent planewave power densities generated by the approved facility, in combination with other existing ambient sources of EMF, shall not expose the general public to EMF levels which exceed the Maximum Permitted Exposure levels for electric and magnetic field strength and equivalent plane-wave power density in the EMF emission guidelines adopted by the Federal Communications Commission (FCC). In the event the FCC adopts a more restrictive Maximum Permitted Exposure Level, or the County adopts a more restrictive EMF exposure standard if allowed by future changes in Federal law, the applicant shall demonstrate compliance with the more restrictive standard unless such a requirement is preempted by State or Federal law.

C.

Development standards. In addition to all applicable required standards and findings, including those in the LCP's Community Design and Public Facilities and Services chapters, the following additional development standards shall apply for telecommunications facilities. All telecommunications facilities shall comply with all applicable LCP policies, including those specified below, except when denial would be inconsistent with the Federal Telecommunications Act (FTA) and the reviewing authority finds there is no feasible alternative location. Where denial would be inconsistent with FTA and the reviewing authority finds there is no feasible alternative, approval of the facilities is also subject to all of the following written findings: (1) There is no alternative facility configuration that would avoid impacts inconsistent with all other applicable standards of the certified LCP; (2) Impacts are avoided to the maximum extent feasible; (3) Unavoidable impacts are minimized and mitigated to the maximum extent feasible; and (4) The facility can be found consistent with all otherwise applicable LCP standards.

1.

New telecommunication facilities shall not be permitted where co-location on existing facilities would provide equivalent coverage with less impact to coastal resources.

2.

The placement of co-located facilities on an existing wireless telecommunication facility shall require a Coastal Development Permit except that if a Coastal Development Permit was issued for the original wireless telecommunication facility and that Coastal Development Permit authorized the proposed new colocation facility, the terms and conditions of the underlying Coastal Development Permit shall remain in effect and no additional Coastal Development Permit shall be required.

3.

New telecommunications facilities shall not be permitted in Ridge and Upland Greenbelt areas, unless no other technically feasible and available site exists; provided, wireless communications facilities should be permitted in ridge and upland greenbelt areas where they are co-located with existing structures and are consistent with the policies and programs of the LCP. Applications for new telecommunications facilities in Ridge and Upland Greenbelt areas shall include technical information prepared by qualified professionals that sufficiently demonstrates that no other technically feasible site is available to provide adequate coverage consistent with Federal law requirements. For the purposes of this section, any determination that no other technically feasible site is available shall be made in writing and supported by evidence.

4.

New or expanded sites shall ensure co-location and other efficient use of facilities to minimize the need for new sites, particularly on ridgeline and/or visually sensitive locations. Site users and operators shall be encouraged to share and/or consolidate facilities to the greatest extent possible. Facilities that may be shared include buildings, access roads, parking areas, utilities, transmitters, towers and other structures, and antennas.

5.

All telecommunication facilities shall be sited and designed to avoid, and where unavoidable, to minimize, visual impacts to the maximum extent feasible, including by visually blending with the predominant landscape, co-locating with existing facilities, landscaping consisting of non-invasive/native plants, coloring and materials to blend with the existing landscape, and shall be the minimum height necessary to provide adequate service coverage consistent with Federal law requirements. A visual analysis of the facility shall be submitted with the application materials to assess the proposed facility at design capacity. The visual analysis shall include a photo-montage or photo-simulation, and/or poles erected at the proposed site. The analysis shall address views of the proposed facility from public vantage points, including views from public roads, trails, lookouts, parks, and beaches. The analysis shall also depict cumulative conditions by including information on existing, approved, and proposed telecommunications facilities that will or may eventually be approved at the proposed site.

6.

Telecommunications support facilities such as vaults and equipment rooms, utilities and other support structures shall be placed underground, depressed, earth bermed, or sited below ridgelines or other significant public line of sight to the greatest extent feasible. All facilities shall visually blend with the surrounding built and natural environments.

7.

New telecommunications facilities shall protect significant public views as required by Policy C-DES-2 (Protection of Visual Resources).

8.

New telecommunications facilities proposed on parcels restricted by agricultural, open space, scenic or other public easement or restriction will only be permitted in accordance with the terms of such public easement or restriction.

9.

Applications for new or expanded telecommunications facilities shall contain long range plans which project market demand and long-range facility expansion needs.

10.

Development of telecommunications facilities shall be consistent with LCP policies requiring the protection of coastal resources, including Environmentally Sensitive Habitat Areas and prime agricultural land. Such facilities shall be evaluated for the potential for significant adverse effects on plant and animal species, including the potential to interfere with the migratory flyway or flight path used by resident bird species, and where clearing native vegetation is required for facility construction or expansion. Where potential significant effects are identified, appropriate mitigation including siting, design, and monitoring shall be required to avoid, and/or offset if unavoidable, such effects.

11.

All coastal development permit approvals granted for telecommunications facilities shall include a condition that the permit be authorized and renewed via a new Coastal Development Permit at least every 10 years. When reviewing requests for permit renewal, the Applicant shall incorporate all feasible new or advanced technologies that will reduce previously unavoidable impacts to the maximum extent feasible or the permit will not be renewed.

(Ord. No. 3791, § III(Exh. A), 2023)

This Section establishes permit requirements and standards for the development and operation of tobacco retail establishments.

A.

Permit requirements. Notwithstanding any provision of this title, a tobacco retailer may be established in the following zoning districts subject to securing a Use Permit or Master Plan where required: C-H1 or C- CP.

B.

Development standards. No significant tobacco retailer shall be located within 1,000 feet from a parcel occupied by the following uses:

1.

Public or private kindergarten, elementary, middle, junior high or high schools;

2.

Licensed child day-care facility or preschool other than a small or large family daycare home;

3.

Public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts);

4.

Youth or teen center;

5.

Public community center or recreation center;

6.

Arcade;

7.

Public park;

8.

Public library; or

9.

Houses of worship conducting youth programs or youth-oriented activities.

C.

Exceptions. Notwithstanding any other provisions of this code, nothing in this section shall prohibit the County from approving any of the uses specified above in Subsection B, if they are subsequently proposed to be located within 1,000 feet of an existing significant tobacco retailer, if the appropriate decision-making body finds that the establishment of such uses is necessary to protect the public, health, safety, and welfare, or other substantial governmental interest is thereby served.

(Ord. No. 3791, § III(Exh. A), 2023)

20.32.180 - Wind Energy Conversion Systems (WECS).

This Section establishes permit requirements for planned zoning districts and non-planned zoning districts and standards for the development and operation of Wind Energy Conversion Systems (WECS) in compliance with Marin County policies and State and Federal laws and allows and encourages the safe, effective, and efficient use of WECS in order to reduce consumption of utility supplied electricity.

(Ord. No. 3791, § III(Exh. A), 2023)

Chapter 20.62 - COASTAL ZONING DISTRICTS AND ALLOWABLE LAND USES