Marin County Unincorporated

Small and Medium Wind Energy Conversion Systems (WECS) are allowed in all zoning districts, except the RF (Floating Home Marina) zoning district, subject to the following general requirements. Large WECS are allowed only in agricultural zoning districts (A3-A60, ARP, APZ) with a minimum lot size of 20 acres

The standards and requirements enumerated below apply to the development of residential units proposed under the provisions of SB 9 and this section.

A housing development is eligible for SB 9 processing if it satisfies all of the requirements enumerated below.

This section applies to development authorized under California Assembly Bill 2011 (AB 2011) of 2022, codified in Government Code Section 65912.100, allowing mixed-income and affordable residential development in zones where office, retail and parking are a principally permitted use.

The site of the housing development is within a Commercial District or Zone, as defined in Chapter 22.130. The site of the housing development is within an unincorporated area of the County, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

All housing development projects shall be subject to the FB combining district and comply with the Form Based Code (Section 22.14.100), and shall meet development standards in Transect 3 (T-3) zones that do not conflict with the standards in subsections D. and E. below.

The housing development project is not located on a site or adjoined to any site where more than one-third of the square footage of the site is dedicated to industrial uses.

Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

The dwelling units in the housing development project shall not be located within 500 feet of a freeway, as defined Section 332 of the Vehicle Code, or within 3,200 feet of a facility that actively extracts or refines oil or natural gas.

Within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.

The housing development project is proposed on a site that satisfies the requirements of Government Code Section 65913.4(a)(6)(B) through (K).

No housing development shall be permitted on a vacant site located within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179.

Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

The housing development project is not proposed on a site that is currently or was previously governed by any of the following: i. Mobilehome Residency Law (codified at California Civil Code Sections 798, et seq.); ii. Recreational Vehicle Occupancy Law (codified at California Civil Code Sections 799.20, et seq.); iii. Mobilehome Parks Act (codified at Health & Safety Code Sections 18200, et seq.); or iv. Special Occupancy Parks Act (codified at Health & Safety Code Sections 18860, et seq.).

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

Lands under conservation easement.

The development proponent for the housing development project shall complete a phase I environmental assessment (as defined in Health & Safety Code Section 25319.1) and any subsequent environmental review and remediation required by subdivision (f) of Government Code Section 65912.123.

The housing development project must propose at least five residential dwelling units, excluding additional units gained through the State Density Bonus Law.

A housing development project shall comply with the affordable housing requirements enumerated in Govt Code Section 65912.122(A), (B), (C) or with affordability requirements enumerated in Chapter 22.22, whichever is greater.

A housing development project shall record a deed restriction ensuring that the required affordable units are rented to eligible households at affordable housing cost or affordable rent as follows: