Marin County Unincorporated

The affordable units in the housing development project shall have the same proportion of each bedroom and bathroom type as the market-rate units, shall be equitably distributed within the housing development project, and shall have the same type or quality of appliance, fixtures, and finishes as the market-rate units.

If the housing development project is proposed on a site where there are commercial tenants at the time of submission of the application for the housing development project, the development proponent shall comply with all applicable requirements of subdivision (i) of Government Code Section 65912.124.

At least one-half of the square footage of the ground floor of the housing development project shall be dedicated to retail uses, as defined in Section Chapter 22.130 of the Code.

The housing development project is not proposed on a site that is larger than twenty acres. The site on which the housing development project is proposed abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet.

The housing development project will not require the demolition of any of the following: i. Housing subject to recorded covenant, deed restriction, ordinance or law that restricts rents to levels affordable to moderate-, low-, or very low-income households; ii. Housing that has been occupied by tenants in the last 10 years, excluding manager's units; or iii. A historic structure that was placed on a national, state, or local historic register.

The housing development project site was not previously used for permanent housing that was occupied by tenants, excluding any manager's units, that was demolished within ten years before the application for the housing development project is submitted. The housing development project is not proposed on a site that currently contains one to four dwelling units or on a site that is vacant and zoned for four or fewer units.

For a housing development project proposed on a site in a neighborhood plan, the neighborhood plan shall permit a multi-unit housing development on the site.

They are within one-half mile of a major transit stop. They are not within a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.

The proposed housing development would not require demolition or alteration of any of the following types of housing: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. 3. Housing that has been occupied by a tenant in the last three years.

The housing development project must entail the construction of at least five residential dwelling units.

One hundred percent of the units, excluding any manager's unit or units in a housing development project proposed pursuant to this Chapter, shall be dedicated for rent to lower-income households at an affordable rent or for sale to lower-income households at an affordable cost.

Any rental units in the housing development project shall be subject to a recorded deed restriction for a period of no less than fifty-five years.

The housing development project shall have a residential density no greater than 30 units per acre.

If the housing development project is proposed on a site where there are commercial tenants at the time of submission of the application for the housing development project, the development proponent shall comply with all applicable requirements of subdivision (c) of Government Code Section 65852.24.

The lot subject to the proposed housing development is not a lot on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 (the Ellis Act) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years.

The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

Notwithstanding the governing zoning district for the property, the development standards of the R2 zoning district (Two Family, Residential) apply unless the development qualifies for an exception as described in subsection J below. In addition, except as provided in subsection J below, the maximum floor area of any newly constructed primary residential unit authorized under this section shall not exceed 1,600 square feet or 30 percent floor area ratio, whichever is more restrictive.

Notwithstanding subsection I above, the County shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two primary units or that would physically preclude either of the two units from being at least 800 square feet in floor area. Such units are subject to minimum front yard setbacks of 25 feet and minimum side and rear yard setbacks of four feet.

This Chapter provides for a transfer of development rights (TDR) process that can allow the relocation of potential development from areas where environmental or land use impacts could be severe, to other areas where those impacts can be minimized, while still granting appropriate development rights to each property.