§ 20.64

This chapter provides general standards for proposed development, including site planning, and appropriate land use, for the following coastal zoning districts: C-APZ (Coastal, Agricultural Production Zone), C-ARP (Coastal, Agricultural, Residential Planned), C-OA (Coastal, Open Area), C-RA (Coastal, Residential, Agricultural), C-R1 (Coastal, Residential, Single-Family), CRSP (Coastal, Residential, SingleFamily Planned), C-RSPS (Coastal, Residential, Single-Family Planned, Seadrift Subdivision), C-R2 (Coastal, Residential, Two-Family), C-RMP (Coastal, Residential, Multiple Planned), C-VCR (Coastal, Village Commercial/Residential), C-H1 (Coastal, Limited Roadside Business), C-CP (Coastal, Planned

Commercial), C-RMPC (Coastal, Residential/Commercial Multiple Planned) zoning districts, and the -B (Minimum Lot Size) combining district.

(Ord. No. 3791, § III(Exh. A), 2023)

The provisions of this Chapter apply to proposed development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), in all coastal zoning districts, which requires Coastal Development Permit approval in addition to the requirements of Chapters 20.62 (Coastal Zoning Districts and Allowable Land Uses), 20.65 (Coastal Zone Planned District Development Standards), 20.66 (Coastal Zone Community Standards), and all other applicable provisions of this Development Code. In addition to specific standards applicable to a particular land use, all other LCP requirements also apply.

(Ord. No. 3791, § III(Exh. A), 2023)

Proposed development within the coastal zoning districts established by Section 20.62.030 (Coastal Zoning Districts Established) shall be sited, designed, constructed in compliance with the minimum lot area, density, setback requirements, height, and floor area ratio requirements shown in Table 5-4 (Coastal Zone Development Standards), as well as all other applicable LCP requirements.

TABLE 5-4-a

COASTAL ZONE DEVELOPMENT STANDARDS

Notes:

Minimum lot area and setback standards may change, as follows:

a. ;hg;Minimum lot area and setback standards may change when such district is combined with a "-B" district in compliance with the provisions of Section 20.64.040 (Coastal "-B" Combining District Development Standards).

b. ;hg;Minimum lot area may change in areas of sloping terrain, including those districts combined with "-B" districts, in compliance with the provisions of Section 22.82.050 (Hillside Subdivision Design) (See also Appendix 9 of this Local Coastal Program)

(3) ;hg;See (1) above. See Section 20.64.045.4 (Setback Requirements and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions to required setbacks. Setback exceptions for Environmentally Sensitive Habitat Areas and hazards are only allowed per the LCP's Biological Resources and Environmental Hazards policies, respectively.

(4) ;hg;See Section 20.64.045.3 (Height Limits Exceptions) for height measurement and exceptions. Building height limits may change, as follows:

a. ;hg;In C-R1 districts of the Stinson Beach Highlands, the primary building height limit is 17 feet.

b. ;hg;Single-family dwellings over 25 feet in height shall require Design Review (in addition to and independent of Coastal Development Permit requirements) and Variance approval in compliance with Chapters 22.42 (Design Review) and 20.70.150 (Coastal Zone Variances), in addition to a Coastal Development Permit.

c. ;hg;All height limit exceptions must be found consistent with Land Use Plan Policies C-DES-1, 2, and 3.

(5) ;hg;See Chapter 22.42 (Design Review) for other conditions that may require Design Review approval in addition to and independent of a Coastal Development Permit. In C-VCR and C-H1 districts, maximum floor area may be determined through the Design Review Process in compliance with Chapter 22.42 (Design Review) in addition to and independent of a Coastal Development Permit.

(6) ;hg;The maximum residential density for proposed divisions of land for that portion or portions of properties with Environmentally Sensitive Habitat Areas and buffers, and properties that lack public water or sewer systems, shall be calculated at the lowest end of the density range as established by the governing Land Use Category, except for projects that provide significant public benefits, as determined by the Review Authority, or lots proposed for affordable housing, and if it can be demonstrated that the development is consistent with applicable Environmentally Sensitive Habitat Area and hazard policies and will be served by on-site water and sewage disposal systems.

See Chapter 20.130 (Coastal Zoning Code Definitions) for definitions of the terms used above.

TABLE 5-4-b

COASTAL ZONE DEVELOPMENT STANDARDS (Continued)

Notes:

Minimum lot area is determined through the Coastal Development Permit. The review authority will determine whether the lot area is adequate for a proposed land use.

(2) ;hg;Where dwellings are permitted, the following standards apply:

a. ;hg;In C-OA districts, maximum density is determined through the Coastal Development Permit.

b. ;hg;In C-APZ, C-ARP, C-RMP, C-RMPC, C-RSP, and C-RSPS districts, when determining the maximum density allowed, any fraction of a dwelling unit of 0.90 or greater will be counted as a whole unit.

c. ;hg;C-APZ districts shall have a maximum density of one unit per 60 acres.

d. ;hg;In considering division of agricultural lands in the Coastal Zone, the County may approve fewer parcels than the maximum number of parcels allowed by this Code, based on site characteristics such as topography, soil, water availability, environmental constraints, and the capacity to sustain viable agricultural operations. See also Land Use Plan Policy C-AG-6 (Non-Agricultural Development of Agricultural Lands) (3) ;hg;Setbacks are determined through the Coastal Development Permit. Setback exceptions for Environmentally Sensitive Habitat Areas and hazards are only allowed per the LCP's Biological Resources and Environmental Hazards policies, respectively.

and the capacity to sustain viable agricultural operations. See also Land Use Plan Policy C-AG-6 (Non-Agricultural Development of Agricultural Lands) (3) ;hg;Setbacks are determined through the Coastal Development Permit. Setback exceptions for Environmentally Sensitive Habitat Areas and hazards are only allowed per the LCP's Biological Resources and Environmental Hazards policies, respectively.

(4) ;hg;See Section 20.64.045.3 (Height Limits and Exceptions) for height measurement and exceptions. Building height limits may change, as follows:

a. ;hg;In C-RSP districts on the shoreline of Tomales Bay, building height limits shall comply with Section 20.65.060.C (C-RSP Zoning District Height Limit - Tomales Bay).

b. ;hg;In C-RSPS districts, building height limits shall comply with Section 20.65.070.D (C-RSPS Zoning District Height Limit - Seadrift Subdivision).

c. ;hg;All height limit exceptions must be found consistent with Land Use Plan Policies C-DES-1, 2, and 3 (Compatible Design, Protection of Visual Resources, and Protection of Ridgeline Views).

(5) ;hg;Maximum floor area is determined through the Coastal Development Permit. In C-APZ, no more than a combined total of 7,000 sq. ft (plus 540 square feet of garage space and 500 square feet of office space in the farmhouse used in connection with the agricultural operation) may be permitted as an agricultural dwelling per farm tract, whether in a single farmhouse or in a combination of a farmhouse and intergenerational homes(s).

(6) ;hg;The maximum residential density for proposed divisions of land for that portion or portions of properties with Environmentally Sensitive Habitat Areas and buffers, and properties that lack public water or sewer systems, shall be calculated at the lowest end of the density range as established by the governing Land Use Category, except for projects that provide significant public benefits, as determined by the Review Authority, or lots proposed for affordable housing, and if it can be demonstrated that the development is consistent with applicable Environmentally Sensitive Habitat Area and hazard policies and will be served by on-site water and sewage disposal systems.

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Purpose. The Coastal Minimum Lot Size "-B" combining district is intended to establish lot size, area, and setback requirements for division of land that are different from those normally applied by the primary zoning district applicable to a site; and to configure development on existing lots, where desirable, because of specific characteristics of the area.

B.

Development standards. Where the -B combining district is applied, the minimum lot area, average lot width, and depths of front, side, and rear yards in Table 5-5 (Coastal -B Combining District Development Standards) shall be required, instead of those that are normally required by the primary zoning district. The maximum residential density for proposed division of land for that portion or portions of properties with Environmentally Sensitive Habitat Areas and buffers, hazardous areas and setbacks, and properties that lack public water or sewer systems, shall be calculated at the lowest end of the density range as established by the governing Land Use Category, except for projects that provide significant public benefits, as determined by the Review Authority, or lots proposed for affordable housing, and where it can be demonstrated that the development will avoid and protect all Environmentally Sensitive Habitat Areas and Environmentally Sensitive Hazard Area buffers, will avoid all hazardous areas and hazard setbacks, and will be served by on-site water and sewage disposal systems.

TABLE 5-5

COASTAL-B COMBINING DISTRICT DEVELOPMENT STANDARDS

Notes:

Minimum lot area shown applies except where Section 22.82.050 (Hillside Subdivision Design) establishes a lower minimum lot area standard (See also Appendix 9).

(2) ;hg;See (Setback Requirements and Exceptions for setback measurement, allowed projections into setbacks, and exceptions to required setbacks. Setback exceptions for Environmentally Sensitive Habitat Areas and hazards are only allowed per the LCP's Biological Resources and Environmental Hazards policies, respectively.

(3) ;hg;See Section 20.64.045(3) (Height Limits and Exceptions) for height measurement and exceptions. Primary building height limit in the Stinson Beach Highlands is 17 feet, not 25 feet. Single-family dwellings over 25 feet in height shall require approval in compliance with 20.70.150 (Coastal Zone Variances), in addition to a Coastal Development Permit. All height limit exceptions must be found consistent with Land Use Plan Policies C-DES-1, -2, and-3 (Compatible Design, Protection of Visual Resources, and Protection of Ridgeline Views).

(4) ;hg;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.

(5) ;hg;The maximum residential density for proposed divisions of land for that portion or portions of properties with Environmentally Sensitive Habitat Areas and buffers, and properties that lack public water or sewer systems, shall be calculated at the lowest end of the density range as established by the governing Land Use Category, except for projects that provide significant public benefits, as determined by the Review Authority, or lots proposed for affordable housing, and if it can be demonstrated that the development is consistent with applicable Environmentally Sensitive Habitat Area and hazard policies and will be served by on-site water and sewage disposal systems.

See Chapter 20.130 (Coastal Zoning Code Definitions) for definitions of the terms used above.

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Applicability—General Standards.

1.

All proposed development, including new land uses, shall conform with all of the standards of this Chapter and all applicable LCP provisions unless exempted from Coastal Development Permit requirements by Chapter 20.68 (Coastal Development Permit Requirements).

B.

Fencing and Similar Structure Standards. In addition to other applicable LCP provisions, the following standards shall apply to the installation of all fences, walls, trellises, and similar structures:

1.

Height limitations. Fences, walls, trellises, and similar structures are subject to the following height limitations.

a.

General height limit. A fence or wall having a maximum height of four feet or less above grade may be located within a required setback for a front yard or side yard that abuts a street. A fence or wall having a maximum height exceeding four feet but no more than six feet above grade may be located within a required setback for a front yard or side yard that abuts a street if the entire section or portion of the fence or wall above four feet in height above grade has a surface area that is at least 50% open and unobstructed by structural elements, see Figure 3-1 (Examples of Fence, Wall, Trellis, and Similar Structures with the Area Above Four Feet at Least 50% Open.) A solid fence or wall having a maximum height of six feet above grade may be located within a required interior yard setback, a rear yard setback, a rear yard setback of a through lot, or on the property line defining such yards. A trellis above a gate or opening along the line of a fence, not exceeding a maximum height of eight feet above grade and a width of six feet, is permitted within a required setback for a front, side, or rear yard that abuts a street. In all cases, such fences, walls, trellises, or other similar structures shall only be allowed so long as such structures adequately protect significant public views.

FIGURE 3-1

EXAMPLES OF FENCE, WALL, TRELLIS, AND SIMILAR STRUCTURES WITH THE AREA ABOVE FOUR FEET AT LEAST 50 % OPEN

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b.

Corner lots. In addition to the general provisions described above, fences within the front and/or street side setbacks of a corner lot shall not exceed a height of two feet, six inches above the street level of an adjacent intersection, within the area between the property lines and a diagonal line joining points on the property lines which are 35 feet from their intersection. See Figure 3-2 (Height Limitations for Fences, Wall, Trellis, and Similar Structures on Corner Lots).

FIGURE 3-2

HEIGHT LIMITATIONS FOR FENCES, WALL, TRELLIS, AND SIMILAR

STRUCTURES ON CORNER LOTS

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c.

Lots with grade differential. In addition to the general provisions described above, where there is a difference in the ground level between two adjoining lots, the height of the fence, wall, trellis, or other similar structure shall not exceed six feet as measured from grade on either side of the structure. See Figure 3-3 (Fence Height Limits).

d.

Parallel fences and walls. In addition to the general provisions described above, two approximately parallel fences, walls, trellises, or other similar structures shall maintain a separation of at least two feet to encourage landscaping between the separation, or the height of both structures shall be computed as one structure, subject to the six-foot height limitation. See Figure 3-3 (Fence Height Limits).

2.

Setback requirements. Fences, walls, trellises, or other similar structures up to four feet in height or six feet in height above grade may be located within a required setback or on property lines in compliance with the height limits of Subsection A., above. Fences, walls, trellises, or other similar detached structures exceeding the height limits specified in Subsection A, shall be subject to the same setback requirements of this Implementation Plan applicable to the primary structure. Fences, walls, trellises, or other similar structures shall be sited and designed to adequately protect significant public views.

FIGURE 3-3

FENCING AND SIMILAR STRUCTURES HEIGHT LIMITS

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C.

Height Limits and Exceptions. In addition to other applicable LCP provisions, all structures shall meet the following standards relating to height, except for fences, walls, trellises, and similar structures, which shall comply with Fencing and Similar Structure Standards, above.

1.

Maximum height. The height of any structure shall not exceed the maximum height standard established by the applicable zoning district in the LCP. Maximum height shall be measured as the vertical distance from grade to an imaginary plane located the maximum number of feet above and parallel to the grade. See Figure 3-4 (Measurement of Maximum Height) and definition of "Grade" in Chapter 20.130 (Coastal Zoning Code Definitions).

FIGURE 3-4

MEASUREMENT OF MAXIMUM HEIGHT

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2.

Detached accessory structures. A detached accessory structure shall not exceed 15 feet in height above grade. However, a detached accessory structure may be constructed to the height allowed for primary structures by the applicable zoning district if the accessory structure is located at least 40 feet from all property lines.

3.

Structures for parking. A detached parking structure is subject to the same maximum height limit as detached accessory structures, above.

4.

Height Exceptions:

a.

Spires, towers, water tanks, etc. Chimneys, cupolas, flag poles, gables, monuments, spires, towers (e.g., transmission, utility, etc.), water tanks, necessary mechanical appurtenances, and similar structures may be allowed to exceed the height limit established for the applicable zoning district, subject to all of the following standards:

(1)

The structure shall not cover more than 15 percent of the lot area at any level.

(2)

The area of the base of the structure shall not exceed 1,600 square feet.

(3)

No gable, spire, tower or similar structure shall be used for sleeping or eating quarters or for any commercial purpose other than that which is incidental to the allowed uses of the primary structure.

(4)

No structure shall exceed a maximum height of 150 feet above grade.

(5)

Such height shall be found consistent with all other applicable LCP policies, including policies C-DES-1, 2, and 3 (Compatible Design, Protection of Visual Resources, and Protection of Ridgeline Views).

b.

Roof-mounted Solar Energy Systems. Roof-mounted solar energy systems may exceed the required height limit by no more than two feet.

D.

Flood Hazard and Sea Level Rise Safety. As allowed by Environmental Hazard Policies contained in the Land Use Plan.

E.

Setback Requirements and Exceptions.

1.

In addition to other applicable LCP provisions, this section establishes setback standards, including those related to allowed uses in setbacks, minimum sizes for setbacks, and exceptions to setback standards (Additional setbacks may be required by Section 22.82.050 (Hillside Subdivision Design). See also Appendix 9 of this Local Coastal Program. These standards are intended to provide for open areas around structures, including, but not limited for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; space for privacy, landscaping, and recreation; water quality protection; space to account for fire safety; and protection of significant public views, including views both to and along the ocean and scenic coastal areas as seen from public viewing areas. All setbacks are minimums and may be increased in order to meet LCP provisions, including those related to water quality and community character. Setback requirements and exceptions for Coastal Development Permits involving Environmentally Sensitive Habitat Area and coastal hazards are listed in Section 20.64.050 (Biological Resources).

FIGURE 3-5

LOCATION AND MEASUREMENT OF SETBACKS

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2.

Measurement of Setbacks. Setbacks shall be measured from property lines, as shown by Figure 3-5 (Location and Measurement of Setbacks), and as follows; however, if an access easement or street rightof-way line extends into or through a yard setback, the measurement shall be taken from the nearest point of the easement or right-of-way line, not the more distant property line. See Figure 3-6 (Front and Side Setbacks with Easements).

a.

Front yard setbacks. The front yard setback shall be measured at right angles in from the front property line of the lot, establishing a setback line parallel to the front property line.

(1)

Flag lots. For a lot with a fee ownership strip extending from a street or right-of-way to the building area of the parcel, the measurement shall be taken in from the point where the access strip meets the bulk of the lot along a continuous line, establishing a setback line parallel to it. See Figure 3-7 (Flag Lot Setbacks).

FIGURE 3-6

FRONT AND SIDE SETBACKS WITH EASEMENTS

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FIGURE 3-7 FLAG LOT SETBACKS

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(2)

Corner lots. The measurement shall be taken in from the property line adjoining the street to which the property is addressed and the street from which access to the property is taken.

b.

Side yard setbacks. The side yard setback shall be measured at right angles in from the nearest point on the side property line of the lot; establishing a setback line parallel to the side property line which extends between the front and rear yards.

c.

Street side yard setbacks. The side yard on the street side of a corner lot shall be measured at right angles in from the nearest point of the side property line adjoining the street, establishing a setback line parallel to the side property line which extends between the front and rear yards.

d.

Rear yard setbacks. The rear yard shall be measured at right angles in from the nearest point on the rear property line, establishing a setback line parallel to the rear property line.

e.

Rear yard setbacks for irregular shaped lots. On an irregular, triangular, or gore-shaped lot, where it is difficult to identify a rear lot line, the rear yard shall be measured at right angles from a line ten feet in length within the lot, parallel to and at a maximum distance from the front property line. See Figure 3-8 (Rear Setback in Irregular Parcels).

FIGURE 3-8

REAR SETBACK IN IRREGULAR PARCELS

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3.

Setback requirements. Unless exempted in compliance with Subsections D and E, below, all structures shall conform with the setback requirements established for each zoning district by this Chapter (Coastal Zone Development and Resource Management Standards), and with any special setbacks established for specific uses by this Coastal Zoning Code, except as otherwise provided by this Section.

a.

General requirements. In no case shall any portion of a structure, including eaves or roof overhangs, extend beyond a property line, or into an access easement or street right of-way.

b.

Accessory structures. Detached accessory structures shall comply with the same setback requirements established by the applicable zoning district for primary structures, except as follows:

(1)

The minimum rear yard setback for a detached accessory structure shall equal the minimum side setback, and no less than ten feet; except that the rear setback on a through lot shall be 20 percent of the lot depth to a maximum of 25 feet.

(2)

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.

c.

Detached site elements. Detached decks, swimming pools and spas, steps, terraces, and other site design elements that are placed at or below grade, and which exceed a height of 18 inches above grade at any point, shall conform with the setback requirements of this Chapter for detached accessory structures. Hand railings and other safety features required by the Uniform Building Code and attached directly to a detached site element shall not be included in the measurement of the maximum height of the detached site element.

d.

Site design elements less than 18 inches above grade are exempt from setback requirements in compliance with Subsection D (Exemptions from setback requirements), below. Examples of site design elements less than 18 inches above grade include ponds, shuffleboard courts, and water elements (e.g., fountains, sprays, etc.).

4.

Exceptions from setback requirements. The minimum setback requirements of this Coastal Zoning Code shall apply to all development except the following, provided the following complies with all hazard and Environmentally Sensitive Habitat Area setback requirements.

a.

Fences, walls, trellises, and similar structures that comply with the height limits specified in Fencing and Similar Structure Standards;

b.

Detached energy efficiency devices located within required rear yard and side yards that do not exceed a height of four feet in height above grade;

c.

Decks, freestanding solar devices, swimming pools and spas, steps, terraces, and other site design elements which are placed at or below grade and do not exceed a height of 18 inches above grade at any point. Hand railings and other safety features required by the Uniform Building Code and attached directly to a detached site element which meets the criteria herein are exempt from the minimum setback requirements;

d.

Flag poles that do not exceed a height of 30 feet above grade; and

e.

Retaining walls. The following standards shall apply to all retaining walls provided they are not acting as a shoreline protective device. See Figure 3-9 (Maximum Height for Retaining Walls Exempt from Setbacks):

(1)

Retaining walls greater than six feet in height above grade shall be subject to the same setback requirements as the primary structure if the exposed face of the retaining wall faces into the center of the property.

(2)

Retaining walls greater than four feet in height above grade shall be subject to the same setback requirements as the primary structure if the exposed face of the retaining wall faces outward from the center of the property.

f.

As allowed by Environmental Hazard Policies contained in the Land Use Plan.

FIGURE 3-9

MAXIMUM HEIGHT FOR RETAINING WALLS EXEMPT FROM SETBACKS

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5.

Allowed projections into setbacks. Attached architectural features and certain detached structures may project into or be placed within a required setback, as long as it is not a hazard or Environmentally Sensitive Habitat Area setback, in compliance with the following requirements:

a.

Architectural features. Architectural features attached to the primary structure may extend beyond the wall of the structure and into the front, side and rear yard setbacks, in compliance with Table 3-1 (Allowed Projections into Setbacks). See also Figure 3-10 (Examples of Allowed Projections into Required Setbacks).

TABLE 3-1

ALLOWED PROJECTIONS INTO SETBACKS

Notes:

Feature may project no closer than three feet to the property line.

(2) ;hg;Cantilevered architectural features including balconies, bay windows, cornices, eaves and roof overhangs may project into setbacks as shown.

(3) ;hg;Decks less than 18 inches above grade are exempt, in compliance with Exceptions from Setback Requirements, above.

(5) ;hg;A stairway may project into a setback, provided it is not roofed or enclosed above the steps.

FIGURE 3-10

EXAMPLES OF ALLOWED PROJECTIONS INTO REQUIRED SETBACKS

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b.

Parking structures on steep lots. In any zoning district allowing residential uses, where the slope of the onehalf 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 parking structure 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.

c.

Trellises. See Fencing and Similar Structure Standards - Height Limitations.

6.

Restrictions on the use of front yard setbacks in residential districts. No junk or scrap shall be allowed in the front yard on any lot in any residential zoning district. This restriction includes the storage of operable or inoperable vehicles in other than improved parking or driveway areas.

7.

Additional setbacks may be required by Section 22.82.050 (Hillside Subdivision Design).

(Ord. No. 3791, § III(Exh. A), 2023)

20.64.050 - Biological Resources.

A.

Submittal requirements.

1.

Biological studies.

a.

Initial Site Assessment Screening. The Marin County Community Development Agency (CDA) shall conduct an initial site assessment screening of all development proposals to determine the potential presence of an Environmentally Sensitive Habitat Area (ESHA). The initial site assessment screening shall include a review of reports, resource maps, aerial photographs, site inspection and additional resources as necessary to determine the presence of ESHA.

b.

Site Assessment. A site assessment shall be submitted for those Coastal Development Permit applications where the initial site assessment screening reveals the potential presence of an ESHA within 100 feet of any portion of the proposed development. The permit will be subject to a level of review that is commensurate with the nature and scope of the development. A site assessment shall be prepared by a qualified biologist and shall confirm the extent of the ESHA, document any site constraints and the presence of other sensitive resources, recommend setbacks, and development timing, including required buffers, and provide other information, analysis and potential modifications necessary to protect the resource. If the site assessment identifies impacts, then the report shall analyze alternatives to avoid impacts to ESHA; shall, if ESHA impacts cannot be avoided, include findings identifying why there are no feasible alternatives to avoid ESHA impacts, and shall identify appropriate mitigation measures. Where habitat restoration or creation is required to eliminate or offset potential impacts to an ESHA, a detailed Restoration and Monitoring Plan shall be required, as provided in this section.

c.

Buffer Areas. Buffers shall be provided for ESHAs in accordance with the policies of C-BIO-3 (ESHA Buffers), C-BIO-18 (Wetland Buffers), or C-BIO-23 (Coastal Streams and Riparian Vegetation), in combination with the findings of a site assessment, as necessary to ensure the biological integrity and preservation of the habitat they are designed to protect. Maintain ESHA buffers in their natural condition, except as provided in C-BIO-19 (Wetland Buffer Adjustments), C-BIO-25 (Stream Buffer Adjustments) or C- BIO-4 (Protect Major Vegetation).

Determination of ESHA buffer requirements shall consider the following:

1)

Habitat requirements of the ESHA, including the migratory patterns of affected species and tendency to return each season to the same nest site or breeding colony;

2)

Sensitivity of the ESHA to disturbance;

3)

Topography of the site;

4)

Movement of stormwater;

5)

Permeability of the soils and depth to water table;

6)

Vegetation present;

7)

Unique site conditions;

8)

Whether vegetative, natural topographic, or built features (e.g., roads, structures) provide a physical barrier between the proposed development and the ESHA; and

9)

The likelihood of increased human activity and disturbance resulting from the project relative to existing development.

10)

A buffer reduction shall be considered only when supported by evidence that the reduction is unavoidable, is the minimum necessary, will prevent impacts that degrade the ESHA, and will be compatible with the continuance of ESHA.

d.

Habitat Mitigation. New development shall be sited and designed to avoid impacts to ESHA. If proposed development is a permissible use in ESHA, but there is no feasible alternative, including the no project alternative, that can avoid significant impacts to ESHA, then the alternative that would result in the fewest or least significant impacts shall be selected. Residual adverse impacts to ESHA shall be fully mitigated, with priority given to on-site habitat mitigation. Off-site or fee-in-lieu habitat mitigation measures shall only be approved when it is not feasible to fully mitigate impacts on-site or where off-site habitat mitigation is more protective in the context of a biological analysis prepared by a qualified scientist and approved by the County of Marin. Any determination that it is infeasible to mitigate impacts onsite shall be supported by written findings. Mitigation shall not substitute for implementation of the project alternative that would avoid impacts to ESHA.

Allowable habitat mitigation shall occur in accordance with the provisions of C-BIO-20 (Wetland Impact Mitigation) for wetlands and the findings of a site assessment and shall be provided at a minimum ratio of 2:1 for on-site mitigation; 3:1 for off-site mitigation or 4:1 for an in-lieu fee where applicable. In determining required mitigation, the acreage of habitat impacted shall be determined based on the size of the approved development area, road/driveway area, and required fuel modification on the project site, as well as required vegetation clearance and other disturbance, if any, on adjacent properties. Habitat mitigation may be required at an adjusted ratio or through other appropriate techniques as commensurate with the extent

of habitat disruption, based on the specific requirements of the ESHA as determined through the site assessment.

2.

Site map. Coastal Permit applications shall contain a detailed site plan showing existing and proposed construction, with major vegetation, water courses, natural features, and other probable wildlife areas.

3.

Restoration and Monitoring Plan. Restoration and Monitoring Plans shall include the following:

a.

A clear statement of the ESHA habitat restoration goals. Characterization of the desired habitat, including an actual habitat, that can act both as a model for the restoration and as a reference site for developing success criteria.

b.

Sampling of reference habitat using the methods that will be applied to the restoration site with reporting of resultant data.

c.

Quantitative and qualitative description of the chosen restoration site.

d.

Requirements for designation of a qualified restoration biologist as the restoration manager who will be personally responsible for all phases of the restoration. Phases of the restoration shall not be assigned to different contractors without onsite supervision by the restoration manager.

e.

A specific Grading Plan if the topography must be altered.

f.

A specific Erosion Control plan if soil or other substrate will be significantly disturbed during the course of the restoration.

g.

A Weed Eradication Plan designed to eradicate existing weeds and to control future invasion by exotic species that is carried out by hand weeding and supervised by a restoration biologist.

h.

A Planting Plan that specifies a detailed plant palette based on the natural habitat type that is the model for the restoration, using local native and non-invasive stock and requiring that if plants, cuttings, or seed are

obtained from a nursery, the nursery must certify that they are of local origin and are not cultivars. The Planting Plan should provide specifications for preparation of nursery stock and include technical details of planting methods (e.g., spacing, mycorrhizal inoculation, etc.)

i.

An Irrigation Plan that describes the method and timing of watering and ensures removal of watering infrastructure by the end of the monitoring period.

j.

An Interim Monitoring Plan that includes maintenance and remediation activities, interim performance goals, assessment methods, and schedule.

k.

A Final Monitoring Plan to determine whether the restoration has been successful that specifies:

1)

A basis for selection of the performance criteria,

2)

Types of performance criteria,

3)

Procedure for judging success,

4)

Formal sampling design,

5)

Sample size,

Approval of a final report, and

7)

Provision for possible further action if monitoring indicates that initial restoration has failed.

4.

Additional information. Based on review of the provided information, the County may request additional information to address site-specific conditions and/or as part of the environmental review process.

B.

Biological Resource standards. Development shall be consistent with the Biological Resources Policies of the Land Use Plan, including, but not limited to:

1.

Environmentally Sensitive Habitat Areas (ESHAs). The resource values of ESHAs shall be protected by limiting development per Land Use Plan Policies C-BIO-1 (Environmentally Sensitive Habitat Areas (ESHAs)), C-BIO-2 (ESHA Protection), and C-BIO-3 (ESHA Buffers).

2.

Habitats of rare or endangered species and unique plant communities. Habitats of rare and endangered species and unique plant communities shall be protected by limiting development in those areas and providing adequate buffers surrounding those areas per Land Use Plan Policy C-BIO-3 (ESHA Buffers).

3.

Ecological restoration. Encourage restoration of degraded ESHAs per Land Use Plan Policy C-BIO-5 (Ecological Restoration).

4.

Invasive plants. Where feasible, require the removal of non-native, invasive plant species, revegetation of denuded areas with native and non-invasive plants, and provision of primarily native, drought-tolerant plant species for areas of new or replacement planting, per Land Use Plan Policy C-BIO-6 (Invasive Plants).

5.

Coastal dunes and beaches. Coastal dunes and beaches shall be preserved by limiting development in those areas per Land Use Plan Policies C-BIO-7 (Coastal Dunes), C-BIO-8 (Stringline Method of Preventing Beach Encroachment), and C-BIO-9 (Stinson Beach Dune and Beach Areas).

6.

Roosting and nesting habitat. Roosting and nesting habitat and the grassy shorebird feeding areas adjacent to Bolinas Lagoon shall be protected by limiting development per Land Use Plan Policies C-BIO10 (Roosting and Nesting Habitat) and C-BIO-11 (Development Adjacent to Roosting and Nesting Habitat).

7.

Biological productivity. The biological productivity and quality of coastal waters, coastal streams, coastal wetlands, coastal estuaries and coastal lakes shall be maintained, and where feasible, enhanced.

8.

Coastal wetlands. Coastal wetlands shall be preserved and maintained as productive wildlife habitats, water filtering and storage areas, and, as appropriate, recreational open space, by limiting diking, dredging, and draining per Land Use Plan Policies C-BIO-14 (Wetlands), CBIO-15 (Diking, Filling, Draining, and Dredging), and C-BIO-16 (Conditions and Standards for Diking, Filling, Draining, and Dredging), disposing

of dredged materials per Land Use Plan Policy C-BIO-17 (Disposal of Dredged Materials) and mitigating wetland impacts per Land Use Plan Policy C-BIO-20 (Wetland Impact Mitigation).

9.

Coastal wetland buffers. Adequate buffers shall be maintained surrounding coastal wetlands per Land Use Policy C-BIO-18 (Wetland Buffers) unless an adjustment to standard buffers is granted per Land Use Plan Policy C-BIO-19 (Wetland Buffer Adjustments and Exceptions).

10.

Marine resources. Marine resources shall be maintained, enhanced, and where feasible, restored and special protection shall be provided to areas and species of special biological or economic significance per Land Use Plan Policy C-BIO-22 (Marine Resources).

11.

Coastal streams, riparian vegetation, and buffers. Alterations to coastal streams and riparian vegetation shall be limited to the uses specified in Land Use Plan Policy C-BIO-23 (Coastal Streams and Riparian Vegetation), and adequate buffers shall be provided surrounding those resources per Land Use Plan Policy C-BIO-25 (Stream Buffer Adjustments and Exceptions), unless an adjustment to the standard buffers is granted per Land Use Plan Policy C-BIO-25 (Stream Buffer Adjustment Exceptions). Any alteration of riparian vegetation which is allowed under these policies shall require an erosion control plan and revegetation plan that incorporates native species to the maximum extent feasible.

(Ord. No. 3791, § III(Exh. A), 2023)

20.64.060 - Environmental Hazards.

A.

Dune Protection.

1.

No development, including grading, erection of fences, signs or other primary of accessory structures shall be permitted seaward of that undeveloped right-of-way known as Mira Vista Street in Stinson Beach.

2.

Except for those shoreline protective works otherwise permitted by this chapter, development, including signs, fences, and grading activities shall not be permitted seaward of the established building setback lines established by zoning districts for shoreline parcels.

3.

Development of shorefront lots within the Stinson Beach and Seadrift area shall assure preservation of the existing sand dune formations in order to protect environmentally sensitive dune habitat, vegetation and to maintain the natural protection from wave runup which such natural dunes provide. Where no dunes are evident, new development shall, to the maximum extent feasible, be set back behind the first line of

terrestrial vegetation. Development approvals for new projects located along such shorefront parcels shall be accompanied by findings, including mitigation conditions, establishing the project's design and location, minimizing the need for shoreline protective works, protective works, protecting sandy beach habitat, providing a buffer area between public and private use areas, protecting the scenic and recreational character of the beach and maintaining the public rights of access to and use of beach dry sand areas. Permits authorizing repair and maintenance to existing shoreline structures shall to the extent feasible, provide for the above standards and objectives.

4.

Project proposals for the subdivision of beach front lots shall be permitted only upon explicit findings that the increased development density and/or location is consistent with the standards and objectives established in subdivision 3 of this subsection.

5.

No development shall be permitted in the sensitive coastal dune habitats in order to preserve dune formations, vegetation and wildlife habitats. Overuse in dune areas shall be prevented by such mechanisms as restricting parking, directing pedestrian traffic to areas capable of sustaining increased use, and fencing. No motor vehicles shall be permitted in beach or dune areas except for emergency purposes.

B.

Shoreline Protection.

1.

Bluff Top Setbacks. New structures shall be set back from coastal bluff areas a sufficient distance to ensure with reasonable certainty that they are not threatened from cliff retreat within their economic life expectancies. Adequate setback distances will be determined for information contained in required geologic reports and the setback formula established below. These setbacks will be of sufficient distance to eliminate the need for shoreline protective works. The following formula will be used to determine setbacks from the bluff for new structures:

Setback (meters) = structure of life (yeasts, normally at least 40 years) X retreat rate (meters/year). In areas where vigorous sliding is taking place, and additional 15 meters should be added as a safety factor.

The retreat rate shall be determined by a geotechnical investigation conducted by a professional engineer or registered geologist which explicitly examines the site's geotechnical capability to adequately support the proposed development. The report shall include the historic and projected rate(s) of bluff retreat attributable to wave and/or surface runoff erosion. The geotechnical report shall be required in either of the following:

a.

The building or proposed development site is within one hundred fifty feet of a blufftop.

b.

The building site is located within stability zones 3 or 4 as indicated on the slope stability maps for the Bolinas and Tomales areas, which maps accompany Wagner's 1977 report, "Geology for Planning, Western Marin County." This report and accompanying maps are incorporated by reference as part of this chapter.

2.

Standards and requirements for shoreline protective works. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline process shall be permitted only when:

a.

Required to serve coastal-dependent uses or to protect existing structures (constructed before adoption of the LCP).

b.

No other nonstructural alternative is practical or preferred.

c.

The condition causing the problem is site specific and not attributable to a general erosion trend, or the project reduces the need for a number of individual projects and solves a regional erosion problem.

d.

The structure will not be located in wetlands or other significant resource or habitat area, and will not cause significant adverse impacts to fish or wildlife.

e.

There will be no reduction in public access, use and enjoyment of the natural shoreline environment, and construction of a structure will preserve or provide access to relates public recreational lands or facilities.

f.

The structure will not restrict navigation, mariculture or other coastal use and will not create a hazard in the area in which it is built.

In the absence of an overall wave hazard/shoreline erosion study, any permit application for seawalls, riprap or other protective structures on beaches, shall be accompanied by engineering reports stating the nature and extent of wave erosion hazard along the beach area and an explanation of how the proposed protective works will mitigate the hazard, both on and off the project site. This requirement shall not apply to emergency permit applications applied for prior to January 1, 1983. Emergency permit applications after that date shall be subject to report requirement or shall specifically establish why the need for such protective devices was not foreseen and previously addressed through nonemergency permit applications.

Applications for placement of protective structures on beaches shall be accompanied by an engineer's report unless an overall wave hazard/shoreline erosion report exists. The engineers report shall include:

a.

A statement of the nature and extent of wave erosion hazard;

b.

An analysis of how the proposed protective works will mitigate the hazard both on and off the site;

c.

An assessment of any adverse impacts on adjacent properties or resources that might reasonably be expected to result from construction of the protective structure.

3.

Design standards for all shoreline structure. The design and construction of any shoreline structure shall:

a.

Make it as visually unobtrusive as possible;

b.

Respect the natural landforms to the greatest degree possible;

c.

Include mitigation measures to offset any impacts on fish and wildlife resources caused by the project;

d.

Minimize the impairment and movement of sand supply and the circulation of coastal waters;

e.

Address the geologic hazards presented by construction in or near Alquist-Priola earthquake hazard zones;

f.

Provide for the reestablishment of the former dune contour and appearance.

C.

Geologic Hazardous Areas.

1.

Prior to the issuance of a Coastal Development Permit for projects located in areas depicted by the Unit I LCP geologic hazards maps, the owner (applicant) shall:

a.

Execute and record a waiver of public liability holding the county, other governmental agencies and the public harmless because of loss experienced by geologic activities. The waiver of liability shall be in a form approved by county counsel and run with the property; and

b.

Submit along with the permit application, a report from a registered civil or structural engineer briefly describing the extent of potential geologic hazards and those construction, siting and other recommended techniques to mitigate those possible geologic hazards.

The planning commission, following consultation with the director of public works, may modify the said requirement in subdivision 1 above for selected areas or types of projects where the commission finds that:

i.

The project area is of the same general geologic nature and sufficient data has been developed (such as by a "Master Engineering Report") to adequately judge the risk and resulting standards necessary for such areas; or

ii.

The type of project is a minor structure, not for human habitation, which presents little risk on or off site, by possible geologic hazards.

2.

Floodplain Development. Coastal Project permit applications adjacent to streams which periodically flood shall include a site plan that identifies the one hundred-year floodplain (as described by the Army Corps of Engineers). Development of permanent structures and other significant improvements shall not be permitted within the limits of the one hundred-year floodplain.

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Application requirements.

1.

Water Quality Impairment Assessment. The Reviewing Authority shall conduct a water quality assessment of all development proposals, including for both new development and modifications to existing development, to identify potential water quality impacts. Where the assessment reveals the potential for water quality impairment, the project shall be required to have a Drainage Plan (see below) which addresses both temporary (during construction) and permanent (post-construction) measures to control erosion and sedimentation, to reduce or prevent pollutants from entering storm drains, drainage systems and watercourses, and to minimize increases in stormwater runoff volume and rate.

Drainage plans. Coastal Development Permit applications for development that would add or create a total of 10,000 square feet or more of impervious surface (collectively over the entire project site) or would alter drainage patterns, or for which the Preliminary Water Quality Impairment Assessment (see above) indicates a potential for water quality impairment, shall be accompanied by a preliminary drainage plan. The plan shall include existing and proposed drainage patterns and storm drain improvements for the site, all structures and impervious areas, and any other improvements. The plan must indicate the direction of surface runoff and method of on-site runoff dispersal for existing and proposed drainage channels or facilities. Draining to existing watercourses or detention basins may be allowed if negative impacts to biological resources, water quality, channel stability and flooding of surrounding properties can be avoided or if soil conditions do not allow infiltration. Hydrologic calculations shall be required to determine whether there would be any additional surface run-off resulting from the development.

3.

Structural and/or treatment control facilities: monitoring and maintenance plans. If structural and/or treatment control facilities are incorporated in a project, the applicant shall submit a monitoring and maintenance plan indicating how such facilities will be adequately maintained by the applicant and any subsequent property owner after construction is complete. See Policy C-WR-12 (Maintenance of Water Quality Control Facilities).

4.

Site Plan Post Construction Element. At the discretion of the County based on the scale or potential water quality impacts of a proposed project, the applicant shall submit a site plan containing a Post-Construction Element. This plan shall detail how stormwater and polluted runoff will be managed or mitigated following project construction, utilizing both source control and treatment control measures, and both structural and non-structural measures. See Policy C-WR-13 (Site Plan Contents Post Construction Element).

5.

Grading plans. Coastal Development Permit applications for any cut, fill, or grading above 50 cubic yards shall be accompanied by a preliminary grading plan that indicates existing and proposed contours across the building site and existing and proposed average lot slope.

6.

Geotechnical reports. A geotechnical report may be required if the reviewing authority determines that proposed cut and fill slopes would be steeper than is safe for the subject material or determines that the report is necessary for the intended use. The geotechnical report shall be subject to review and approval by the reviewing authority, in consultation with Department of Public Works. See Policy C-WR-5 (Cut and Fill Slopes).

7.

Erosion and sedimentation control plans. An erosion and sedimentation control plan, subject to approval by the Department of Public Works, shall be required for development of any site of 1 acre or more in size or, at the discretion of the Department of Public Works, for any site of less than 1 acre because of a high risk

of erosion and sedimentation. Such plan is also required for projects listed under Policy C-WR-14 that involve grading. See Policy C-WR-6 (Soil Exposure).

8.

Site Plan Contents Construction Phase. All projects that would add or create a total of 10,000 square feet or more of impervious surface (collectively over the entire project site), projects that may impact environmentally sensitive habitat (i.e. projects within, directly adjacent to or discharging directly to an environmentally sensitive habitat area), county defined high-impact projects or other projects that the county staff finds to be a threat to coastal water quality, shall require a Construction-Phase element shown on the site plan. The Construction-Phase element shall specify which interim Best Management Practices (BMPs) will be implemented to minimize erosion and sedimentation during construction and address potential construction runoff contamination with fuels, lubricants, cleaning agents and/or other potential construction-related pollutants or chemicals.

In the application and initial planning process, the applicant shall submit for review and approval a Construction-Phase element that shall include, at a minimum, a narrative report describing all interim erosion, sedimentation, and polluted runoff control BMPs to be implemented during construction, including the following where applicable:

(a)

Controls to be implemented on the amount and timing of grading;

(b)

BMPs to be implemented for staging, storage, and disposal of excavated materials;

(c)

Design specifications for treatment control BMPs, such as sedimentation basins;

(d)

Revegetation or landscaping plans for graded or disturbed areas;

(e)

Methods to manage affected onsite soils;

(f)

Other soil stabilization BMPs to be implemented;

(g)

Methods to infiltrate or treat stormwater prior to conveyance off-site during construction;

(h)

Methods to eliminate, or if possible to eliminate then to reduce, the discharge of other stormwater pollutants resulting from construction activities (e.g., paints, solvents, vehicle fluids, asphalt and cement compounds, and debris) into stormwater runoff;

(i)

Plans for the clean-up of spills and leaks;

(j)

BMPs to be implemented for staging, storage, and disposal of construction chemicals and materials;

(k)

Proposed methods for minimizing land disturbance activities, soil compaction, and disturbance of natural vegetation;

(l)

A site plan showing the location of all temporary erosion control measures; and

(m)

A schedule for installation and removal of the temporary erosion control measures.

B.

Water quality standards. Development shall be consistent with the Water Quality Policies of the Land Use Plan, including, but not limited to:

1.

Water quality protection. The quality of coastal waters shall be monitored, protected, and enhanced for the benefit of natural communities, human health, recreational users, and the local economy. See Land Use Plan Policy C-WR-1 (Water Quality Protection and Biological Productivity)

2.

Site design and source control measures. Development shall meet the standards contained in Land Use Plan Policy C-WR-2 (Water Quality Impacts of Development Projects).

3.

Drainage standards. Development shall meet the standards contained in Land Use Plan Policy C-WR-3 (Storm Water Runoff).

4.

Structural and/or treatment control facilities: proper maintenance. Structural and/or treatment control facilities shall meet the requirements of Land Use Plan Policy C-WR-12 (Maintenance of Water Quality Control Facilities).

5.

High impact projects: design standards. Development that has a high potential for generating pollutants (High Impact Projects) shall incorporate treatment control Best Management Practices (BMPs) or ensure that the requirements of the current National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater permit are met, whichever is stricter, to address the particular pollutants of concern, including the requirements of Land Use Plan Policy C-WR-14 (Design Standards for High-Impact Projects).

6.

Construction Non-sediment Pollution. Construction site practices shall be carried out consistent with Land Use Plan Policy C-WR-16 (Construction Non-sediment Pollution).

7.

Construction Phase Pollution. The construction site shall be managed to prevent contact between runoff and chemicals, fuel and lubricants, cleansers, and other potentially harmful materials.

C.

Grading and excavation standards.

1.

Site planning. Development shall meet the standards contained in Land Use Plan Policy C-WR-4 (Grading and Vegetation Removal).

2.

Preservation of landforms and native vegetation. Development shall meet the standards contained in Land Use Plan Policies C-WR-4 (Grading and Vegetation Removal) and C-WR-5 (Cut and Fill Slopes). Grading shall not take place on slopes greater than 35%, to the extent feasible.

3.

Extent and timing of grading. Development shall meet the standards contained in Land Use Plan Policies C-WR-6 (Soil Exposure) and C-WR-7 (Wintertime Clearing and Grading).

4.

Erosion and sedimentation control. Development shall meet the standards contained in Land Use Plan Policies C-WR-10 (Construction-Phase Sediment Basins) and C-WR-8 (Disturbed Soils).

5.

Impervious surfaces, runoff control. Development shall meet the standards contained in Land Use Plan Policy C-WR-2 (Water Quality Impacts of Development Projects).

6.

Sediment basins during construction. Development shall meet the requirements of Land Use Plan Policy C- WR-10 (Construction-Phase Sediment Basins).

7.

Pollutants. Pollutants, including chemicals, fuels and other harmful materials shall be collected and disposed of in an approved manner.

8.

Topsoil. Development shall meet the requirements of Land Use Plan Policy C-WR-9 (Topsoil).

9.

Removal of construction debris. All debris shall be removed from the site upon the completion of the project.

10.

Erosion and Flood Control Facilities. Consider placement of sediments collected by erosion and flood control facilities at appropriate points on the shoreline, consistent with Land Use Plan Policy C-WR-17 (Erosion and Flood Control Facilities).

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Community Design standards. Development shall be consistent with the Community Design policies of the Land Use Plan, including, but not limited to:

1.

Compatible Design. The height, scale, and design of new structures shall be compatible with the character of the surrounding natural or built environment per Land use Policy CDES-1 (Compatible Design).

2.

Protection of visual resources. Development shall be sited and designed to protect visual resources per Land Use Policy C-DES-2 (Protection of Visual Resources).

3.

Protection of ridgeline views. New development proposed on or near visually prominent ridgelines shall be sited and designed per Land Use Policy C-DES-3 (Protection of Ridgeline Views).

4.

Height limits. Structures in the Coastal Zone shall be limited as provided in Tables 5-4-a, 5-4-b, and 5-5, with the exceptions provided for by Land Use Policies C-DES-4 (Limited Height of New Structures) and by

this Code.

5.

New Signs. New Signs shall be of a size, location, and appearance so as not to detract from scenic areas or views from public roads and other viewing points, see Land Use Policy C-DES-5 (New Signs). A Coastal Development Permit is required for any sign that could impact public recreational access, including parking opportunities near beach access points or parklands, such as any changes in parking cost, timing or availability, and any signage prohibiting public parking, trespassing, and/or public coastal access. Coastal Development Permits for signs shall be consistent with all applicable LCP provisions, including the following additional objectives and standards:

A.

Objective: Signs shall be sited and designed to:

• Protect public safety within the County and the visual quality of its communities;

• Protect uses, which are adequately and appropriately identified and advertised, from the installation of too many and too large signs;

• Protect commercial districts from visual chaos and economic detriment;

• Protect the public's ability to identify uses and premises without confusion;

• Eliminate unnecessary distractions that may diminish driving and pedestrian safety;

• Enhance and improve properties and their neighborhoods by encouraging signs that are compatible with and complementary to related structures and uses and harmonious with their surroundings; and

• Protect and enhance coastal resources, including, but not limited to, significant public views and community character.

B.

Standards:

1.

Freestanding signs. Freestanding signs shall be designed and located to be viewed primarily from the immediately surrounding public streets.

2.

Prohibited Signs. The following types of signs, including in terms of illumination, sound, materials, and forms are prohibited:

A.

Prohibited types of signs.

Private use signs located on public land or in a public right-of-way;

2.

Signs cut, burned or otherwise marked on a cliff, hillside or tree;

3.

Signs in storage or in the process of assemblage or repair, that are located outside of the premises other than that advertised in the sign, and are visible from a public right-of-way;

4.

Billboards;

5.

Digital commercial displays that can distract drivers;

6.

Signs advertising a use no longer in operation; and

7.

Roof top signs.

B.

Prohibited types of illumination and sound. No electrical sign shall blink, flash or emit a varying intensity of color or light which would cause glare, momentary blindness or other annoyance, disability or discomfort to persons on surrounding properties or passing by.

C.

Prohibited types of material and form.

1.

Sign with reflective material;

2.

Banners, pennants, streamers except in conjunction with an athletic event, carnival, circus, fair, or during the first 30 days of occupancy of a new structure or operation of a new business;

3.

Signs, other than clocks or meteorological devices, having moving parts or parts so devised that the sign appears to move or to be animated; and

Portable signs including "A" frame sign, or a sign on a balloon, boat, float, vehicle, or other movable object designed primarily for the purpose of advertising.

FIGURE 3-11

PROHIBITED TYPES OF SIGNS

==> picture [240 x 255] intentionally omitted <==

6.

Underground Utilities. Utility lines should be undergrounded per Land Use Policy C-DES-6 (Underground Utilities).

7.

Minimized exterior lighting. Exterior lighting shall be the minimum consistent with safety and shall be low wattage, hooded, and downcast to prevent glare and shall limit visibility from public viewing places as much as possible. See Land Use Policy C-DES-7 (Minimized Exterior Lighting).

8.

Protection of trees. Structures and roads shall be sited to avoid tree removal per Land Use Policy C-DES-8 (Protection of Trees).

9.

Landscaping. Required landscaping shall predominantly use native species of trees and plants and shall avoid using non-native, invasive trees and plants. See Land Use Policy C-DES-9 (Landscaping).

10.

Prohibition of Gated Communities. The establishment of gated communities shall be prohibited. See Land Use Policy C-DES-10 (Prohibition of Gated Communities).

11.

Minimization of fuel modification. New development shall be sited and designed to avoid the need for fuel modification per Land Use Policy C-DES-11 (Avoidance of Fuel Modifications).

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Community development standards. Development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), shall be consistent with all Community Design Policies of the Land Use Plan, including, but not limited to:

1.

Location of new development. New development shall be located within, next to, or in close proximity to developed areas with adequate public services and where it will not have significant adverse impacts, either individually or cumulatively, on environmental and natural resources, including coastal resources. See Land Use Policy C-CD-1 (Location of New Development).

2.

Appropriate new development. The type and intensity of new development, including land divisions, shall conform to the land use categories and density provisions of the LCP Land Use Maps. Allowable densities are stated as maximums and do not establish an entitlement to buildout potential. See Land Use Policy C- CD-2 (Appropriate New Development).

3.

Non-conforming structures and uses. Allow lawfully established non-conforming structures and uses to be maintained or continued in conformance with the requirements of Section 20.70.160 (Nonconforming Uses and Infrastructure).

4.

Development standards for Tomales Bay shoreline. New construction along the shoreline of Tomales Bay shall be limited in height to a maximum of 15 feet above grade except as provided for per Land Use Policy C-CD-5 (Standards of Development on the Shoreline of Tomales Bay).

5.

Structures on public trust lands. The construction of new residential dwellings shall not be permitted on public trust lands. Along the shoreline of Tomales Bay, existing legally established structures on public trust lands may be rebuilt if destroyed by natural disaster per Land Use Policy C-CD-6 (Structures of Public Trust Lands).

6.

Shoreline Structures and Piers. The location of piers and other recreational or commercial shoreline structures shall be limited per Land Use Policy C-CD-7 (Shoreline Structures and Piers) and public access to such structures shall be required per Land Use Policy C-CD-8 (Access to Shoreline Structures).

7.

Division of beachfront lots. The division of beachfront lots shall be restricted per Land Use Policy C-CD-9 (Division of Beachfront Lots).

8.

Maintenance of village limit boundaries. Village limit boundaries shall be set and maintained per Land Use Policies C-CD-10 (Maintenance of Village Limit Boundaries) and C-CD-11 (Describe Village Limit Boundaries).

9.

Chain store operations. Discourage the establishment of chain store operations that are not consistent with the existing character and scale of the surrounding community. See Land Use Policy C-CD-12 (Chain Store Operations).

10.

Limit conversion of overnight visitor-serving enterprises. Visitor-serving uses shall remain available to the public on a space available basis; proposed conversion of overnight accommodations into a more limited type of occupancy shall be discouraged. See Land Use Policy C-CD-13 (Limited Conversion of Overnight Visitor-Serving Enterprises).

11.

Residential character in villages. Consistent with the limitations outlined in C-PK-3 (Mixed Uses in the Coastal Village Commercial/Residential Zone), discourage the conversion of residential to commercial uses in coastal villages per Land Use Policy C-CD-14 (Residential Character in Villages).

12.

Rural character of roadways. Roadways, accessways and bridges shall reflect the character of coastal communities and shall be context and location sensitive. The primary areas to be considered for sidewalks, curbs, and similar roadway improvements shall be within designated village limit boundaries. See Land Use Policy C-CD-15 (Maintenance of Rural Character of Roadways).

13.

Windbreaks. Discourage new wind breaks along Highway One to preserve public views. Consider the effects of proposed wind breaks at initial planting as well as at maturity on sunlight, public views, and traffic safety related to visibility. See Land Use Policy C-CD-17 (Windbreaks).

Lighting for recreational use. Prohibit night lighting for privately-owned recreational facilities per Land Use Policy C-CD-18 (Lighting for Recreational Use).

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Energy efficiency standards. Development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), shall be consistent with all Energy Policies of the Land Use Plan, including, but not limited to:

1.

Energy efficiency standards. Complement Coastal Development Permit requirements with the application of Marin County Energy Efficiency Ordinance 3494 and Green Building Requirements to integrate energy efficiency and conservation, and renewable energy requirements into the development review and building permit process per Land Use Policy C-EN-1 (Energy Efficiency Standards).

2.

Renewable energy resource priority. Utilize renewable energy resources and support appropriate renewable energy technologies per Land Use Policy C-EN-4 (Renewable Energy Resource Priority).

3.

Energy production facility impacts. Energy production facilities shall be designed and constructed to minimize impacts to public health and coastal resources per Land Use Policy C-EN-5 (Energy Production Facility Impacts).

4.

Energy and Industrial Development. Major energy or industrial development, both on and offshore, shall be prohibited consistent with the limitations of Public Resources Code Sections 30260, 30262, and 30515. The development of alternative energy sources such as solar or wind energy shall be exempted from this policy.

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Affordable housing standards. Development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), shall be consistent with all Housing Policies of the Land Use Plan, including, but not limited to:

1.

Protection of existing affordable housing. Protect and provide affordable housing opportunities for very low, low, and moderate income households. The demolition of existing deed restricted very low, low, and

moderate income housing is prohibited except as provided for per Land Use Policy C-HS-1 (Protection of Existing Affordable Housing).

2.

Density for affordable housing. Allow the maximum range of density for deed-restricted housing developments that are affordable to extremely low, very low or low income households and that have access to adequate water and sewer services, provided that such density will not result in adverse coastal resource impacts and is consistent with all applicable LCP policies, see Land Use Policy C-HS-2 (Density for Affordable Housing). Density bonuses for affordable housing consistent with Coastal Act Section 30604(f) and Government Code Section 65915 may be provided to the extent that such increases in density are consistent with the provisions of the LCP per Land Use Policy C-HS-9 (Density Bonuses). The reviewing authority may approve a density greater than that allowed by the underlying land use and zone district designations for affordable residential projects only if the following criteria are met:

(a)

The housing development is located in a residential or commercial/mixed-use land use and zone district designation; and

(b)

The project is found to be in conformity with the Local Coastal Program (including, but not limited to, sensitive habitat, agriculture, public viewshed, public services, public recreational access and open space protections), with the exception of the density provisions.

3.

Affordable housing requirement. Residential developments in the Coastal Zone consisting of 2 or more units shall be required to provide 20 percent of the total number of units to be affordable by households of very low or low income or a proportional "in-lieu" fee to increase affordable housing construction. See Land Use Policy C-HS-3 (Affordable Housing Requirements).

4.

Retention of small lot zoning. Preserve small lot zoning (6,000 to 10,000 square feet) in Tomales, Point Reyes Station, and Olema for the purposes of providing housing opportunities at less expense than available in large-lot zones. See Land Use Policy C-HS-4 (Retention of Small Lot Zoning).

5.

Accessory Dwelling Units. Enable the construction of well-designed Accessory Dwelling Units in singlefamily and multifamily residential zoning districts consistent with Land Use Policy C-HS-5 (Accessory Dwelling Units) and the standards below. 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 (lot coverage, height, setbacks, design, floor area ratio, etc.) of the residential zoning district, which governs the lot.

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Public facility and service standards. Development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), shall be consistent with all Public Facilities and Services Policies of the Land Use Plan, including, but not limited to:

1.

Adequate public services. Adequate public services (that is, water supply, on-site sewage disposal or sewer systems, and transportation, including public transit as well as road access and capacity if appropriate) shall be available prior to approving new development per Land Use Policy C-PFS-1 (Adequate Public Services).

No permit for development may be approved unless it can be demonstrated, in writing and supported by substantial evidence that it will be served with adequate water supplies and wastewater treatment facilities, consistent with the subsections below:

a.

Development receiving water from a water system operator and/or wastewater treatment from a public/community sewer system shall only be approved if there is: (i) sufficient water and wastewater public works capacity within the system to serve the development given the outstanding commitments by the service provider; or, (ii) evidence that the entity providing the service can provide such service for the development. Such evidence may include a will-serve letter from the service provider.

b.

An application for new or increased well production shall include a report prepared by State Licensed Well Drilling Contractors, General (Class A License) Engineering Contractors, Civil Engineers, or Geologists which demonstrates, to the satisfaction of the Director, that:

1)

The sustainable yield of the well meets the LCP-required sustained pumping rate (minimum of 1.5 gallons per minute) and must be equal to or exceed the project's estimated water demand.

2)

The water quality meets safe drinking water standards.

3)

For public water supply projects, projects proposing the subdivision or rezoning of land that would increase the intensity of use, or projects on developed lots that would increase the amount of water use by more than 50 percent, the extraction will not adversely impact other wells located within 300 feet of the proposed well; adversely impact adjacent biological and hydrogeologically-connected resources including streams,

riparian habitats, and wetlands that are located on the subject lot or neighboring lots; and will not adversely impact water supply available for existing and continued agricultural production or for other priority land uses that are located on the subject parcel or served by the same water source.

d.

The application for development utilizing a private sewage disposal system shall only be approved if the disposal system:

1)

Is approved by the Environmental Health Services Division of the Community Development Agency or other applicable authorities.

2)

Complies with all applicable requirements for individual septic disposal systems by the Regional Water Quality Control Board.

e.

Limited Public Service Capacity. Limited service capacity shall be defined as follows:

1)

For water system operators, when projected demand for service based upon both outstanding water commitments to existing development and projected development exceeds available supply.

2)

For public/community sewer systems, when projected demand for service based upon both outstanding sewer commitments to existing development and projected development exceeds available capacity.

In areas with limited water service capacity, when otherwise allowable, new development for a non-Coastal Act and LCP priority use (i.e., a use other than agricultural production, coastal-dependent uses, public recreation, essential public services, and, within village limit boundaries only, visitor-serving uses and commercial recreation uses) shall only be allowed if adequate capacity remains for the above-listed priority land uses. In such limited service capacity areas, in order to minimize the reduction in service for and reserve capacity to priority land uses, applications for non-priority uses shall be required to offset their anticipated water usage through the retrofit of existing water fixtures or other appropriate measures within

the same service area of the water system operator or the public/community sewer system of the proposed development, whichever is applicable. All Coastal Development Permits authorizing development that results in increased water usage shall be conditioned to require applicants to provide to the Reviewing Authority for review and approval the following:

1)

A list of all existing fixtures to be retrofitted and their present associated water flow (e.g. gallons/second);

A list of all proposed fixtures to be installed and their associated water flow; and;

3)

The estimated annual water savings resulting from the proposed retrofit, showing all calculations and assumptions.

The County shall require certification from water service providers that all measures to reduce existing water usage has been implemented in an amount equal or greater to the anticipated water use of the proposed project.

2.

Expansion of public services. Limit new or expanded roads, flood control projects, utility services, and other public service facilities, whether publicly owned or not, to the minimum necessary to adequately serve planned development per Land Use Policy C-PFS-2 (Expansion of Public Services).

a.

Permit requirements: Every new major public works facility or capacity expansion shall be required to go through the Coastal Development Permit review process. Expansion of public works facilities, including, but not limited to, water supply and transmission, sewage treatment and transmission, and the regional transportation system, shall only be permitted after considering the availability of other public works facilities, and establishing whether capacity increases would overburden the existing and probable future capacity of those other public works facilities.

3.

Formation of special districts. Ensure that special districts are formed or expanded only where assessment for, and provision of, the service would not induce new development inconsistent with the policies of the LCP. See Land Use Policy C-PFS-3 (Formation of Special Districts).

4.

High-priority visitor-serving and Coastal Act priority land uses. In acting on any Coastal Development Permit for the extension or enlargement of community water or community sewage treatment facilities, adequate capacity shall be made available and reserved in the system to serve VCR- and RCR-zoned property, other visitor-serving uses, and other Coastal Act priority land uses (i.e., coastal-dependent uses, agriculture, essential public services, public recreation, etc.). See Land Use Policy C-PFS-4 (High-Priority Visitor-Serving and Coastal Act Priority Land Uses).

5.

Community sewer systems. New development within a village limit boundary shall connect to a public sewer system within 400 feet of the parcel, unless such connection is prohibited, physically impossible, or otherwise infeasible, see Land Use Policy C-PFS-5 (Community Sewer Systems). Any determination that connection to the public sewer system is infeasible shall be made in writing.

Sewage disposal systems and protection of water quality. Require new and expanded sewage disposal systems to be designed, constructed, and maintained so as to protect the biological productivity and quality of coastal streams, wetlands, and other waters. See Land Use Policy C-PFS-6 (Sewage Disposal Systems and Protection of Water Quality).

7.

Adequately sized sewage disposal systems. New and expanded sewage disposal systems shall be sized adequately to meet the needs of development that can be approved consistent with the certified LCP. See Land Use Policy C-PFS-7 (Adequately Sized Sewage Disposal Systems).

8.

Sewage disposal system requirements for new lots. All sewage disposal systems on newly created lots shall comply in all respects, without Variance, with applicable County and state regulations. See Land Use Policy C-PFS-8 (Sewage Disposal System Requirements for New Lots).

9.

Preference for on-site individual sewage disposal systems. An individual sewage disposal system shall be located on the same parcel as the building or buildings it serves per Land Use Policy C-PFS-9 (Preference for On-Site Individual Sewage Disposal Systems).

10.

Adequate on-site sewage disposal systems for existing development. Ensure that existing on-site sewage disposal systems function properly by complying with all rules and regulations of the Regional Water Quality Control Board, including any requirements adopted pursuant to AB885, so long as such requirements are consistent with the LCP. Where repairs to existing systems are necessary, corrective actions shall be taken per Land Use Policy C-PFS-10 (Adequate On-Site Sewage Disposal Systems for Existing Development).

11.

Alternative on-site sewage disposal systems. Alternative on-site sewage disposal systems shall be considered and approved per Land Use Policy C-PFS-11 (Alternate On-Site Sewage Disposal Systems).

12.

Limited use of off-site septic systems. Allow construction of off-site individual or community septic systems only in compliance with Land Use Policy C-PFS-12 (Limited Use of Off-Site Septic Systems).

13.

New water sources serving five or more parcels. Applicants for new water wells or other sources serving 5 or more parcels shall demonstrate that no adverse impacts on coastal resources shall result per Land Use Policy C-PFS-13 (New Water Sources Serving Five or More Parcels).

Adequacy of water supply within water system service areas. Development of individual domestic water wells or other individual water sources to serve new development in areas served by public or private water systems is prohibited except in limited cases per Land Use Policy C-PFS-14 (Adequacy of Water Supply Within Water System Service Areas).

15.

Development of water sources including wells, streams and springs. Coastal Development Permit approval is required for wells and borings unless otherwise exempt or categorically excluded per Land Use Policy C- PFS-15 (Development of Water Sources including Wells, Streams, and Springs).

16.

Standards for water supply wells and other water sources. Water supply wells and other water sources shall comply with the standards contained in the LCP, including Land Use Policy C-PFS-16 (Standards of Water Supply Wells and Other Water Sources).

17.

Conservation of water. To minimize the generation of wastewater and to encourage the conservation of coastal water resources, the use of water saving devices, including as prescribed by the local water provider, shall be required in all new development. See Land Use Policy C-PFS-17 (Conservation of Water).

18.

Desalination facilities. Due to the Coastal Zone's unique natural resources and recreational opportunities of nationwide significance, development of desalination facilities shall be prohibited, consistent with the limitations of Public Resources Code sections 30260, 30262 and 30515, with the exception of treatment of existing surface or ground water supplies for purposes of maintaining water quality. See Land Use Policy C-PFS-18 (Desalination Facilities).

19.

Telecommunications facilities. Ensure through siting, co-location, "stealth" design, and other measures that telecommunications facilities are designed and constructed to protect coastal resources, including significant public views, consistent with all applicable LCP policies and development standards, including those specified in 20.32.165. See Land Use Policy C-PFS-19 (Telecommunications Facilities).

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Transportation standards. Development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), shall be consistent with all Transportation Policies of the Land Use Plan, including, but not limited to:

1.

Roads in the Coastal Zone. The motorized vehicular capacity of roads in the Coastal Zone shall be limited per Land Use Policy C-TR-1 (Roads in the Coastal Zone).

2.

Scenic quality of Highway One. The scenic quality of Highway One shall be maintained consistent with LCP provisions, including per Land Use Policy C-TR-2 (Scenic Quality of Highway One).

3.

New bicycle and pedestrian facilities. New development shall be encouraged or required to provide new bicycle and pedestrian facilities per Land Use Policy C-TR-6 (New Bicycle and Pedestrian Facilities). Where appropriate, the installation of bike racks, lockers and other bike storage facilities shall be encouraged per Land Use Policy C-TR-7 (New Bicycle Storage Facilities).

(a)

Bikeway Design Guidelines. For bikeway planning and design requirements, refer to the Marin County Unincorporated Area Bicycle and Pedestrian Master Plan Supplemental Bikeway Design Guidelines, where otherwise LCP consistent.

4.

Expansion of the Countywide Trail System. Acquire additional trails to complete the proposed countywide trail system, providing access to or between public lands and enhancing public trail use opportunities for all user groups, including multi-use trails, as appropriate. See Land Use Policy C-TR-8 (Expansion of the Countywide Trail System).

5.

Complete Streets. Consistent with the local implementation of the State of California's Complete Streets policy, at the outset of all projects, other than routine maintenance, an analysis shall be performed to ensure the inclusion of all necessary, appropriate and reasonable multi-modal facilities and improvements, including transit, bike and pedestrian access, disabled access, and traffic safety. See also Department of Public Works Directive 20061, dated January 23, 2006.

6.

Roads, Driveways, Parking, Sidewalks. Roads, driveways, parking, and sidewalks shall be provided in a manner that best protects coastal resources and is consistent with all applicable LCP provisions, including by meeting applicable agricultural, biological resources, environmental hazards, visual resources, transportation, and public facilities and services policies. Adequate parking and transportation facilities (including bicycle and pedestrian facilities) shall be provided. New development shall not adversely impact existing public parking facilities nor the ability to access existing development or existing coastal resource areas.

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Application requirements.

1.

Archaeological Resource Survey. Coastal Development Permit applications for development proposed within an area of known or likely archaeological or paleontological significance shall include a field survey by a state-qualified archaeologist recommended by the Sacred Sites Protection Committee of the Federated Indians of Graton Rancheria or by a qualified paleontologist which determines the extent of archaeological or paleontological resources on the site and evaluates the project's potential impacts to those resources. Where adverse impacts are possible, the report shall identify reasonable mitigation measures, including avoidance and permanent protection as open space, if feasible. See Land Use Plan Policy C-HAR-2 (Potential Impacts of Development on Archaeological and Paleontological Resources).

B.

Historical and Archaeological Resource standards. Development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), shall be consistent with all Historical and Archaeological Resources Policies of the Land Use Plan, including, but not limited to:

1.

Implementation of mitigation measures. Implement appropriate mitigation measures, including avoidance and permanent protection as open space, if feasible, as recommended in the field survey prepared per Land Use Plan Policy C-HAR-2 (Potential Impacts of Development on Archaeological and Paleontological Resources).

2.

Monitoring of construction activities on archaeological sites. New development on sites identified as archaeologically sensitive shall be monitored per Land Use Plan Policy C-HAR-3 (Monitoring of Construction on Archaeological Sites by Appropriate Experts).

3.

Structures of special character and visitor appeal. Preserve and restore structures with special character and visitor appeal in coastal communities. See Land Use Plan Policy C-HAR-4 (structures of Special Character and Visitor Appeal).

4.

Development affecting structures and areas of special character and visitor appeal. Coastal Development Permit applications for projects that involve pre-1930 buildings or are located in areas designated as having special character and visitor appeal, including historic areas, shall be evaluated per Land Use Plan Policy C-HAR-5 (Proposed Development that Affects Areas and Structures of Special Character and Visitor Appeal).

Alterations and additions to structures of special character and visitor appeal. Applications for substantial alterations or additions to any structure built prior to 1930 shall be evaluated per Land Use Plan Policy C- HAR-6 (Alterations and Additions to Structures of Special Character and Visitor Appeal).

6.

Proposed demolition of structures of special character and visitor appeal. Proposed demolition of any structure built prior to 1930 shall be evaluated and processed per Land Use Plan Policy C-HAR-7 (Proposed Demolition of Structures of Special Character and Visitor Appeal).

7.

Villages with special character and visitor appeal. New construction in mapped areas having special character and visitor appeal, including historic areas, shall comply with Land Use Plan Policy C-HAR-8 (Village Areas with Special Character and Visitor Appeal).

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Parks and Recreation and Visitor-Serving Use standards. Development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), shall be consistent with all Parks, Recreation and Visitor Serving Use Policies of the Land Use Plan, including, but not limited to:

1.

Coastal recreation opportunities. The development of visitor-serving and commercial recreation facilities shall have priority over residential or general commercial development per Land Use Plan Policy C-PK-1 (Opportunities for Coastal Recreation).

2.

Compatible commercial recreation facilities. New visitor-serving and commercial development shall be sited and designed per Land Use Plan Policy C-PK-2 (Compatible Commercial Recreation Facilities).

3.

Mixed uses in coastal village commercial/residential zones. A mixture of residential and commercial uses shall be permitted in the C-VCR zoning district as follows:

Continue to permit a mixture of residential and commercial uses in the C-VCR zoning district to maintain the established character of village commercial areas. Within the mapped village commercial core area of the C-VCR zone, commercial shall be the principal permitted use and residential shall be a permitted use. In this core area, residential uses shall be limited to: (a) the upper floors, and/or (b) the lower floors if not located on the road-facing side of the property within the commercial core area (i.e. the central portion of each village that is predominantly commercial). Residential uses on the ground floor of a new or existing

structure on the road-facing side of the property shall only be allowed provided that the development maintains and/or enhances the established character of village commercial core areas.

Outside of the village commercial core area of the C-VCR zone, Residential shall be the principal permitted use, and Commercial shall be a permitted use.

Maintenance and repair of any legal existing residential use shall be exempt from the above provision and shall be permitted.

4.

Balance of visitor-serving and local-serving facilities. Support a level of local-serving facilities such that an adequate infrastructure can be maintained to ensure the health, vitality, and survival of the visitor-serving segment of the coastal economy. See Land Use Plan Policy C-PK-4 (Balance of Visitor-Serving and LocalServing Facilities).

5.

Small-scale tourist facilities. Small-scale tourist-oriented businesses, rather than large tourist facilities, shall be permitted per Land Use Plan Policy C-PK-5 (Small-Scale Tourist Facilities).

6.

Bed and breakfast inns. Support bed and breakfast facilities in the Coastal Zone as a means of providing visitor accommodations per Land Use Plan Policy C-PK-6 (Bed and Breakfast Inns).

7.

Lower-cost recreational facilities. Lower cost visitor and recreational facilities shall be protected and encouraged per Land Use Plan Policy C-PK-7 (Lower Cost Recreational Facilities).

8.

Appropriate public recreation opportunities. Public recreational development shall be undertaken in a manner which preserves the unique qualities of Marin's coast per Land Use Plan Policy C-PK-8 (Appropriate Public Recreation Opportunities).

9.

Appropriate uses of federal parks. Uses and facilities within federal parklands should comply with Land Use Plan Policy C-PK-10 (Appropriate Uses of Federal Parks).

10.

State parks. Support management of Tomales Bay State Park and Mount Tamalpais State Park consistent with the adopted General Plan per Land Use Plan Policy C-PK-11 (State Parks).

11.

County parks in the Coastal Zone. Continue to operate existing Marin County park facilities in the Coastal Zone per Land Use Plan Policy C-PK-12 (Existing County Parks in the Coastal Zone) and support future acquisition of park areas per Land Use Plan Policy C-PK-13 (Future Acquisition of County Coastal Parks through the County Parks Master Plan).

12.

California Coastal Trail. Support completion of the California Coastal Trail through Marin County per Land Use Plan Policy C-PK-14 (Appropriate Alignment of the California Coastal Trail).

13.

Commercial fishing and recreational boating. Support and protect commercial fishing and recreational boating on Tomales Bay per Land Use Plan Policy C-PK-15 (Commercial Fishing and Recreational Boating).

14.

Standards for new boating facilities. The development of new boating facilities on Tomales Bay shall comply with the standards contained in Land Use Plan Policy C-PK-16 (Standards for New Boating Facilities).

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Application requirements.

1.

Site Plan. Coastal Development Permit applications for development on property located between the shoreline and the first public road shall include a site plan showing the location of the property and proposed development in relation to the shoreline, tidelands, submerged lands or public trust lands. All easements and/or other similar restrictions associated with the property shall be mapped, and the associated legal document provided. Any evidence of historic public use should also be indicated.

B.

Public Coastal Access standards. Development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), shall be consistent with all Public Coastal Access Policies of the Land Use Plan, including, but not limited to:

1.

Avoid and Mitigate Public Coastal Access Impacts. If possible, development shall avoid negatively impacting existing public recreational access facilities and opportunities. If unavoidable impacts are identified, require commensurate and proportional public access mitigation, such as requiring new or enhanced public trails or facilities, and potentially in lieu fees. Impacts on public access include, but are not limited to, intensification of land use resulting in overuse of existing public accessways, creation of physical

obstructions or perceived deterrence to public access, and creation of conflicts between private land uses and public access.

2.

Public coastal access in new developments. New public access from the nearest public roadway to the shoreline and along the coast shall be provided per Land Use Plan Policy C-PA-2 (Provide New Public Coastal Access in New Development). Where a requirement to dedicate public access is related in nature and extent to the impacts of the proposed development, the dedication of a lateral, vertical and/or bluff top accessway shall be required per Land Use Plan Policy C-PA-9 Variety of Public Coastal Accessways), unless Land Use Plan Policy C-PA-3 (Exemptions to Providing New Public Coastal Access) provides an exemption. A finding that an accessway can be located ten feet or more from an existing single-family residence or be separated by a landscape buffer or fencing if necessary shall be considered to provide adequately for the privacy of existing homes. All Coastal Development Permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to the procedures specified in Section 13574 of the Coastal Commission's Administrative Regulations.

3.

Direct dedication of public coastal access. If feasible, direct dedication of an easement or fee title interest for a required coastal accessway is preferred per Land Use Plan Policy C-PA-4 (Direct Dedication of Public Coastal Access, if Feasible).

4.

Acquisition of new public coastal accessways. The acquisition of additional public coastal accessways shall be pursued through available means per Land Use Plan Policy C-PA-6 (Acquisition and Location of New Public Coastal Accessways through Suitable Means).

5.

Protection of prescriptive rights. New development shall be evaluated to ensure that it does not interfere with the public's right of access to the sea where acquired through historic use per Land Use Plan Policy C-PA-7 (Protection of Prescriptive Rights).

6.

Bolinas Mesa. Public use of the two access trails across Bolinas Mesa to the RCA beach and of the RCA beach area itself shall be protected per Land Use Plan Policy C-PA-8 (Bolinas Mesa).

7.

Impacts of public coastal accessways on their surroundings. Coastal accessways and their support facilities shall be sited and designed to avoid impacts to environmental resources, agriculture, and surrounding neighbors per Land Use Plan Policy C-PA-10 (Impacts of Public Coastal Accessways on their Surroundings) and C-PA-11 (Privacy of Neighbors).

8.

Public coastal accessway maintenance and liability agreements. Maintenance and liability responsibilities for coastal accessways shall conform to Land Use Plan Policy C-PA-12 (Agreements for Maintenance and Liability Before Opening Public Coastal Accessways).

9.

Accessibility of public coastal accessways. New public coastal accessways shall comply with California Title 24 and be accessible to persons with disabilities to the maximum extent feasible (Land Use Plan Policy C-PA-13).

10.

Impacts of new development on public coastal accessways. New development shall be sited and designed to avoid impacts to users of coastal access and recreation areas per Land Use Plan Policy C-PA-15 (Impacts of New Development on Public Use of Coastal Accessways).

11.

Parking, signage, and support facilities at public coastal accessways. Where appropriate and feasible, parking, signage, and support facilities shall be provided in conjunction with public coastal accessways per Land Use Policy C-PA-18 (Parking and Support Facilities at Public Coastal Accessways) and C-PA-19 (Explanatory Signs at Public Coastal Accessways). Proposals to restrict public parking near beach access points or parklands shall be evaluated per Land Use Plan Policy C-PA-20 (Effects of Parking Restrictions on Public Coastal Access Opportunities).

12.

Shoreline protection structures near public coastal accessways. The construction of shoreline protection structures shall maintain or enhance existing shoreline access per Land Use Plan Policy C-PA-21 (Shoreline Structures on or Near Public Coastal Accessways).

(Ord. No. 3791, § III(Exh. A), 2023)

Chapter 20.65 - COASTAL ZONE PLANNED DISTRICT DEVELOPMENT STANDARDS

20.65.010 - Purpose of Chapter.

A.

This Chapter provides detailed site planning, development, and land use standards for the planned zoning districts within the Coastal Zone. These districts include C-APZ, C-ARP, CRSP, C-RSPS, C-RMP, C-CP, C- RMPC, and C-RCR.

B.

These standards are intended to ensure that proposed development is designed and constructed in a manner compatible with, and sensitive to, the important environmental characteristics and visual features of lands designated within coastal planned zoning districts.

(Ord. No. 3791, § III(Exh. A), 2023)