STAFF REPORT TO THE MARIN COUNTY
PLANNING COMMISSION
DEVELOPMENT CODE AMENDMENTS 2017
Recommendation:
Endorse
the
Amendments
Hearing Date:
January 23, 2017
Agenda Item:
4
Project Planner:
Development
Code
Jeremy Tejirian
415-473-3798
[email protected]
Signature:
PROJECT SUMMARY
Planning staff is proposing an extensive set of amendments to the Marin County Development
Code, which establishes zoning and subdivision regulations in the unincorporated areas of
Marin County. The proposed amendments will address various topics including land uses as set
forth in the land use tables, a number of different planning entitlements, housing related issues
including accessory dwelling units, subdivision standards, and changes and clarifications to
current procedures. Only the interior portions of Marin County will be affected by the changes;
no amendments are proposed for the Coastal Zone.
BACKGROUND
The proposed 2017 Development Code amendments are intended to address a broad array of
issues. A number of amendments implement Countywide Plan programs or address underlying
issues related to changes in Federal and State law, while others relate to the review of
individual projects rather than long term policy initiatives. Many of the amendments are focused
on the nuts and bolts of the planning process in order to address a variety of concerns
expressed by applicants and residents. Our primary goals can be summarized as an effort to:
(1) Simplify, clarify, and align with State and Federal law; (2) Modernize requirements to better
reflect priorities of the Countywide Plan, and; (3) Follow the CASE principle of code that is
Clear, Affordable, Simple, and Enforceable.
Planning staff first published the public review draft amendments on September 20, 2016
provided the Board of Supervisor’s with a general overview of the public review draft of the
amendments. After receiving comments on the public review draft, staff revised the
amendments to create the Planning Commission review draft, which was published on October
20, 2016. Your commission held three separate workshops to take testimony and consider the
amendments on November 14, 2016, November 28, 2016, December 12, 2016, and January 9,
2017. During these workshops, your commission reviewed a number of key topics, which are
listed below:
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Simplified Land Use Tables
Corner Duplexes
Shared Satellite Offices
Commercial Solar Facilities
Community Gardens
Animal Slaughter
Chickens in residential neighborhoods
Accessory Dwelling Units and Junior Accessory Dwelling Units
Camping and Campgrounds
Wireless Facilities
Sign Regulations
Yard Regulations
Outdoor Construction Standards
Master Plans
Precise Development Plans
Design Reviews
Site Plan Review
Floating Homes
Tidelands Permits
Master Use Permits
Subdivision Standards and Net Lot Area
Sign Regulations
Code Enforcement
During the workshops, your commission directed staff to make a number of changes to the draft
Development Code amendments, eliminating some amendments and revising others. Following
your commission’s direction, planning staff prepared and published a revised Planning
Commission review draft of the amendments on January 12, 2017.
Revisions to the Draft Amendments
The revised Planning Commission review draft consists of Development Code Articles II, III, IV,
VI, VII, VIII, with amendments shown in track changes format as revised per your commission’s
direction. While this draft shows all the substantive amendments, there are instances where
there are cross-indexing, typographical, and formatting errors and changes that will be
addressed in the final draft to be presented to the Board.
The substantive revisions to the 2017 Development Code amendments that planning staff has
made since your commission’s final workshop on January 9, 2017 are enumerated below.
1. Changes to the original draft Land Use Tables in Article II include indicating at the top of
the table that the listed land uses are defined in Article VIII, relocated new land uses to
be listed alphabetically, and corrected cross indexing errors. After your commission
makes a recommendation to the Board, planning staff will reformat the use tables to
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locate the footnotes below each table rather than having them at the beginning of the
section.
2. The standards for accessory dwelling units in 32.120 and 56.050 have been modified to
require owner occupancy and to set a floor area limit as restrictively as possible under
the State legislation as it relates to floor area. The standards have also been clarified to
refer to floor area rather than living area, since the legislation seems to use the term
interchangeably.
3. The amendments have been modified to create a set of standards for Junior Accessory
Dwelling Units in 32.120 and an exemption in 56.050 based on recent State legislation,
and to create an exemption from standards and permitting requirements for an owner to
voluntarily have the County recognize their Junior Accessory Dwelling Unit.
4. The definition in Article VIII for “Existing Residential Second Unit” has been removed
because it no longer applies due to the amendments necessary to comply with recent
State legislation.
5. “Corner duplexes” have been eliminated from the proposed amendments by removing
them from the Land Use Tables, section 32.190, and the definitions in Article VIII.
6. The animal keeping standards have been revised to allow a maximum three dogs (with
no limits on cats) per property that are over the age of four months without a Use Permit
in 32.030, which is in better alignment with the requirements enforced by the Humane
Society.
7. The standards for chickens in 32.030 have been refined to refer to chicken coops and
define them in Article VIII.
8. The standards for mobile slaughter facilities in 32.162 have been corrected to strike the
word “poultry” from the section.
9. A new set of standards for slaughterhouses in 32.163 has been created. Standards are
based on the standards for agricultural processing facilities in section 08.040 (e.g.
maximum size of facility 5,000 square feet, all animals must be raised on site). However,
this land use is only allowed in the A-3 to A-60 zones and not in the A-2 or ARP zones.
Up to 20,000 poultry can be slaughtered per year. Rabbits cannot be slaughtered in
these facilities.
10. The Design Review exemptions in 42.025 have been modified to say that solar panels
on commercial, industrial, or institutional buildings are exempt from Design Review if
they rise no more than six feet above the roof as long as they do not go more than six
feet above the standard height limit.
11. An exception to the 30 day limit on camping for camp staff has been added in section
32.045.
12. “Shared Satellite Offices” have been eliminated from the proposed amendments by
eliminating them from the Land Use Tables in Article II, from section 32.161, and from
the definitions in Article VIII.
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13. The maximum height of a fence on an undeveloped lot has been increased from four
feet to six feet in 20.120.
14. The Outdoor Construction standards in 20.040 have been revised to indicate that
setbacks should be measured from rights of way and access easements as well as
property lines.
15. Section 120.030 has been added, enabling the revocation of individual uses allowed by
Master Use Permits.
16. The previous name “Floating Home Adjustments” was changed to “Floating Home
Exceptions” in Chapter 22.46.
17. Table 4.7 in 44.040 has been corrected, clarified, and simplified as it relates to Master
Plans.
18. Design Review finding E in section 42.060 has been modified to clarify the importance of
maintaining healthy native vegetation and providing adequate landscaping.
19. The definition of “Tidelands” in Article VIII has been modified to reflect the current
exemption from Tidelands Permits in section 52.050.E.
20. The Broadcasting Studio land use has been changed from prohibited to principally
permitted in the VCR zoning district (Table 2-6 in Article II).
21. The Land Use Tables have been corrected to indicate that livestock sales/feedlots and
stockyards require a Use Permit in all districts where they are allowable, consistent with
32.030.
22. Baking has been removed from the list of cottage industries in 32.060 that need a Use
Permit, due to changes in State law allowing home bakers to sell their products
commercially.
23. The previously proposed change to the “Building Area” definition in Article VIII as it
related to agricultural structures has been eliminated. This amendment was originally
proposed because it related to a trigger for Design Review, which now relies on floor
area rather than building area.
24. The sign standards in Article III, Chapter 28 have been substantially altered. There are
too many individual changes to list, so the changes from the original Planning
Commission review draft have been shown in track changes format.
25. The sign authorization requirements in Article IV, Chapter 60
comprehensively rewritten and should be comprehensively re-reviewed.
have
been
In addition to the substantive revisions indicated above, a number of technical edits have been
made to the draft amendments to ensure that they are as clearly written as possible.
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Requests for Reconsideration
In the process of modifying the draft amendments that were originally proposed to your
commission, planning staff has identified a number of issues that we recommend you reconsider
before making a recommendation on the amendments to the Board. These issues are
discussed below.
A.
Accessory Dwelling Units
Your commission directed staff to rely to the provisions in State law allowing local jurisdictions to
limit the size of attached accessory dwelling units (ADUs) as one half the floor area of the
existing residence up to a maximum of 1,200 square feet (ADUs in accessory structures are
capped at 1,200 square feet regardless of the size of the residence). Planning staff originally
proposed a simple cap of 1,200 square feet. Your commission’s direction could result in
complications and unintended consequences. For example, in the future, planning staff would
need to identify what the floor area of the main residence was as of January 1, 2017, which
would increase the effort and cost associated with permitting ADUs. Further, property owners
with a small residence on their site would be more limited in the size of their attached ADUs
than owners of vacant properties, which would be subject to the 1,200 square foot cap. For
example, an owner of a property with a 1,000 square foot residence would be limited to an
attached ADU of 500 square feet. However, an owner of a vacant property would be allowed to
build a new residence with an attached 1,200 square foot ADU.
Planning staff requests that your commission reconsider this issue, and accept a simple 1,200
square foot floor area limit for ADUs.
B.
Rabbits
Your commission directed staff to revise the provisions originally proposed to allow small scale
slaughter facilities as an agricultural processing facility and list these separately in the Land Use
tables so that they would not be allowed in A-2 and ARP zoning districts. This has been done,
but the original proposal has also been modified to allow small fixed slaughter facilities to only
slaughter poultry and not rabbits. There has been vocal opposition to the slaughter of rabbits
throughout the workshops your commission has held. The production of rabbit meat does not
account for a large percentage of the agricultural economy in west Marin.
Planning staff requests that your commission reconsider this issue, and prohibit rabbit slaughter
in small fixed slaughter facilities.
C.
Signs
Your commission accepted the sign amendments reluctantly, and requested staff to reevaluate
and revise the regulations. Both the sign standards in Article III and the sign entitlements in
Article IV have been substantially revised for your commission’s review. The sign regulations
have been modified to make them both simpler and more restrictive. The standards and the
entitlements are designed to work together. Article III, Chapter 28 establishes both general
standards for permanent and temporary signs and standards specific to different types of signs
(e.g. awning signs, wall signs). A tiered set of entitlements is used depending on the proposal
and nature of the property. Sign Programs will establish the long term plan for signs on a
property with multiple tenants, there is a discretionary Sign Review requirement for signs that do
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not meet the normal standards, and a ministerial permit for signs that do meet the standards or
temporary signs.
The basic framework originally proposed remains intact, but planning staff has comprehensively
modified the regulations to make them easier to understand and implement, as well as more
restrictive. Sign Review is now required for signs that have either interior or exterior illumination;
only signs with halo illumination are not subject to Sign Review. Further, any freestanding sign
is subject to Sign Review, as is the case under the current code. Clarifications have been made
to the text and redundant text has been removed. Overall, basic aspects of the original proposal
remain, and the substantive standards have not been substantially modified, but the process
has been made easier to understand.
Planning staff requests that your commission reconsider this issue, and accept the modified
sign regulations.
RECOMMENDATION
Review the proposed Development Code amendments, receive public testimony, and
recommend that the Board of Supervisors adopt the 2017 Development Code amendments.
Attachments:
1. Resolution recommending that the Board of Supervisors adopt the 2017 Development
Code amendments
2. Comments from Commissioner Holland
3. Public comments
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MARIN COUNTY PLANNING COMMISSION
RESOLUTION NO. ________
A RESOLUTION RECOMMENDING THAT THE BOARD OF SUPERVISORS
ADOPT AMENDMENTS TO TITLE 22 OF THE MARIN COUNTY CODE
************************
SECTION I: FINDINGS
1. WHEREAS, Planning staff is proposing an extensive set of amendments to the Marin
County Development Code, which establishes zoning and subdivision regulations in the
unincorporated areas of Marin County. The proposed amendments address various topics
including land uses as set forth in the land use tables, a number of different planning
entitlements, housing related issues including accessory dwelling units, subdivision standards,
changes and clarifications to current procedures. No amendments are proposed for the Coastal
Zone.
The proposed 2017 Development Code amendments are listed below by Section. All
amendments are in Marin County Code Title 22.
Article II- Sections:
1) 06.020
2) 06.040
3) 06.050
4) 08.030, including Table 2-1
5) 08.040, including Table 2-2
6) 10.030, including Table 2-3 and Table 2-4
7) 10.040, including Table 2-5
8) 12.030, includingTable-2-6 and Table 2-7
9) 12.040, including Table 2-8
10) 14.030, including Table 2-9
11) 14.040, including Table 2-10
12) 14.060
13) 16.010
14) 16.020
15) 16.030
16) 16.040
Article III- Sections:
1) 20.020
2) 20.040
3) 20.045
4) 20.050
5) 20.052 (new section)
6) 20.055
7) 20.060
8) 20.090, including Table 3-1
9) 20.120 (new section)
10) 22.010
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PC Hearing January 23, 2017
11) 22.050
12) 24.030
13) 26.040
14) 27.035
15) 28.010
16) 28.020
17) 28.030
18) 28.040
19) 28.050
20) 28.060 (eliminated section)
21) 32.030
22) 32.045 (new section)
23) 32.075
24) 32.080 (eliminated section)
25) 32.090 (eliminated section)
26) 32.100
27) 32.130
28) 32.140
29) 32.150
30) 32.161 (new section)
31) 32.162 (new section)
32) 32.165
33) 32.168
Article IV- Sections:
1) 40.010, including Table 4-1
2) 40.030
3) 40.040
4) 40.050
5) 40.052
6) 40.055
7) 40.060
8) 40.070
9) 42.020
10) 42.025, including Table 4-2 and Table 4-3
11) 42.048
12) 42.050
13) 42.055
14) 42.060
15) 44.010
16) 44.020
17) 44.030 (new section)
18) 44.040
19) 44.050
20) 44.060 (new section)
21) 44.070
22) 44.080
23) 46.010
24) 46.040
25) 48.010
26) 48.030
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2017 Development Code Amendments
PC Hearing January 23, 2017
27) 48.040
28) 48.050
29) 49.010
30) 49.020
31) 49.030
32) 49.040
33) 50.040
34) 51.010
35) 51.020
36) 52.010
37) 52.020
38) 52.030 (new section)
39) 52.040
40) 52.050
41) 52.060 (eliminated section)
42) 54.040
43) 54.045
44) 56.010
45) 56.020
46) 56.030
47) 56.040
48) 56.050
49) 60.010
50) 60.020
51) 60.030
52) 60.040
53) 60.050
54) 60.060
55) 60.070
56) 60.080
57) 60.090 (eliminated section)
58) 70.020
59) 70.030
Article VI- Sections:
1) 82.025
2) 84.030
3) 92.020
4) 92.040
5) 92.060
Article VII- Sections:
1) 112.020
2) 112.050
3) 114.020
4) 114.030
5) 114.040
6) 118.020
7) 120.030
8) 122.050
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2017 Development Code Amendments
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Article VIII- Definitions:
1) Accessory Structure
2) Architectural Deviation (eliminated definition)
3) Base Density
4) Billboard (eliminated definition)
5) Building Element (new definition)
6) Building Area
7) Business Day (new definition)
8) Camping
9) Chicken Coop
10) Commercial Solar Facility (new definition)
11) Community Garden, Market (new definition)
12) Demolition
13) Existing Residential Accessory Dwelling Unit (eliminated definition)
14) Floating Home Architectural Deviation (eliminated definition)
15) Floor Area
16) Food Preparation Facilities
17) Group Homes
18) Guest House
19) Highway
20) Household Income
21) In-kind reconstruction
22) Kitchen
23) Legal Lot of Record
24) Lot Coverage
25) Medical Services- Extended Care
26) Ministerial Permit
27) Multi-family Dwellings
28) Net Lot Area
29) Passageway
30) Recreation Vehicle Park
31) Residential Accessory Dwelling Unit
32) Room Rental
33) Sign, A-frame
34) Sign, Abandoned
35) Sign, Awning
36) Sign, Billboard
37) Sign, Building Mounted
38) Sign, Canopy
39) Sign, Changeable Copy
40) Sign, Copy
41) Sign, Directory
42) Sign, Electronic Message Center
43) Sign, Feather or Vertical
44) Sign, Freestanding
45) Sign, Fuel Pump Topper
46) Sign, Illegal
47) Sign, Inflatable
48) Sign, Internally Illuminated
49) Sign, Nonconforming
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2017 Development Code Amendments
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50) Sign, Off-premises
51) Sign, Permanent
52) Sign Program
53) Sign, Projecting
54) Sign, Roof
55) Sign, Suspended
56) Sign, Temporary
57) Sign, Vehicle
58) Sign, Wall
59) Sign, Wall Banner
60) Sign, Window
61) Sign, Yard
62) Single Room Occupancy
63) Skilled Nursing Facility
64) Slaughterhouses and Rendering Plants
65) Slaughter Facilities, Mobile
66) Snack Bar (eliminated definition)
67) Telecommunications Facilities, Base Station
68) Telecommunications Facilities, Eligible Facility Request
69) Telecommunications Facilities, Substantial Change
70) Telecommunications Facilities, Wireless Tower
71) Tidelands Permit (eliminated definition)
72) Two-Family Dwelling
73) Use Permit
74) Vacant Lot
75) Wet Bar
While all the substantive amendments are listed above, there are instances where there are
cross-indexing, typographical, and formatting errors and changes that will be addressed in the
final draft to be presented to the Board.
2. WHEREAS, on November 14, 2016, November 28, 2016, December 12, 2016, January 9,
2017, and January 23, 2017 the Marin County Planning Commission held duly noticed public
hearings to take public testimony and consider the code amendments.
3. WHEREAS, the 2017 Development Code amendments implements policies and programs
of the 2007 Countywide Plan (CWP) and many of the amendments are within the scope of the
program EIR prepared for the CWP, especially as they relate to protecting natural resources
through site plan review and restricting subdivisions based on environmental constraints.
Further, a number of amendments implement the policies and programs of the 2015 CWP
Housing Element and are within the scope of the Housing Element Supplemental EIR, including
changes to the regulatory framework for planned zoning districts and accessory dwelling units.
Amendments related to telecommunications and accessory dwelling units are required by
Federal or State law, and are not subject to environmental review. In some cases, including
slaughter facilities, uniformly applied standards imposed by Federal and State agencies
including the USDA and State Water Resources Control Board, act as environmental
safeguards to avoid impacts. Finally, some of the amendments are also covered under CEQA
exemption classes seven and eight of the CEQA Guidelines because they would strengthen and
ensure consistent application of standards for the maintenance, restoration, enhancement, and
protection of natural resources and the environment.
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PC Hearing January 23, 2017
4. WHEREAS, provided below is a list of those policies and programs in the Countywide Plan
that directly or indirectly support the proposed amendments.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
BIO-2.1 Include Resources Preservation in Environmental Review
BIO-2.2 Limit Development Impacts
BIO-2.3 Preserve Ecotones
BIO-2.4 Protect Wildlife Nursery Areas and Movement Corridors
WR-1.1 Protect Watersheds and Aquifer Recharge
WR-1.3 Improve Infiltration
WR-1.4 Protect Upland Vegetation
AIR-1.2 Meet Air Quality Standards
AG-3.1 Support Local Food Production
Program AG-3.a Encourage Community Gardens
AG-2.4 Encourage Agricultural Processing
EN-2.3 Promote Renewable Energy
Program HS-1.g Undertake Adjustments to Second Unit Standards
Program HS-1.o Simplify Review of Development Projects in Planned Districts
HS 2.1 Special Needs Groups
Program PFS 2.t Manage Groundwater
PFS-5.2 Consolidate Telecommunications Facilities
SECTION II: ACTION
NOW, THEREFORE, BE IT RESOLVED that Marin County Planning Commission recommends
that the Marin County Board of Supervisors adopt the proposed 2017 amendments to the
Development Code, Title 22 of the Marin County Code.
SECTION VI: VOTE
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the County of
Marin held on this 23rd day of January, 2017 by the following vote:
AYES:
COMMISSIONERS
NOES:
ABSENT:
PETER THERAN, CHAIR
MARIN COUNTY PLANNING COMMISSION
Attest:
Ana Hilda Mosher
Planning Commission Recording Secretary
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2017 Development Code Amendments
PC Hearing January 23, 2017