San Rafael, CA – The Marin County Planning Commission will soon consider interim ordinances that would bring the County of Marin in line with recent state legislation on residential developments for unincorporated areas of the county.
At its April 11 meeting, the commission will hear from the Marin County Community Development Agency (CDA) about three proposed updates related to California Senate Bill (SB) 35 and SB 9, both of which have to do with planning for housing. The proposed local ordinances include standards for floor-area ratios, maximum heights, minimum setbacks, and protections for streams and wetlands.
SB 9, which went into effect on January 1, 2022, is widely viewed as a law to allow duplexes on lots within zoning districts for single-family homes, but it also pertains to single-family homes. Generally, the law encourages housing development by removing a local jurisdiction’s authority to require discretionary review for qualifying 1-2 unit projects and prohibits use of units created under its provisions as short-term rentals.
SB 35, effective as of January 2018, is intended to streamline the review of larger developments, such as apartment buildings that would provide a substantial amount of affordable housing. Developers benefit from SB 35 because no discretionary review is allowable as long as they meet the mandates of the law. Counties are allowed to establish ministerial requirements on design specifications for such multifamily projects, and the Planning Commission will consider standards for floor area ratios, maximum heights, minimum setbacks, and protections for streams and wetlands.
Both state laws are only applicable in urban and suburban areas and are unrelated to the planning process in rural and coastal zones.
The interim ordinances are intended to be temporary in nature. Permanent amendments to the Development Code (Marin County Code Title 22) will be proposed alongside the Housing and Safety Element updates to the Countywide Plan and presented for consideration to the Planning Commission and Board of Supervisors toward the end of this year.
If the Planning Commission endorses CDA’s proposed ordinances, they would move on to the Board of Supervisors for a final review and possible adoption this spring.
The staff report and draft resolutions for the April 11 Planning Commission are now online. The Planning Commission hearing will be held virtually using Zoom. For more information, please visit the Planning Commission’s hearings webpage.
For disability accommodations, please phone (415) 473-6358 (voice), CA Relay 711, or e-mail the Community Development staff at least five business days in advance of the event. The County will do its best to fulfill requests received with less than five business days’ notice. Copies of documents are available in alternative formats, upon request.