The following information is only for general reference and may not apply in all circumstances. For site and project specific information please visit our Public Information Counter in Room 308 of the Marin County Civic Center Administration Building from 8:00 am to 4:00 pm, Monday through Friday, or call 473-6269 during these hours. When you call, please have your Assessor's parcel number available. To determine your parcel number, you may call the Marin County Assessor's office at 473-7215, or look on your property tax bill.

1. What is the role of the Current Planning section?
2. What role does the Department of Public Works play in reviewing planning applications?
3. What role does the Environmental Health Services Division play in reviewing planning applications?
4. Does the County enforce Covenants, Conditions, and Restrictions (CC&Rs)?
5. What is the Marin Countywide Plan?
6. How is the environment of Marin protected?
7. When is Design Review required?
8. What is a Lot Merger?
9. How does the Planning Division regulate floating homes?
10. When may a Variance be granted?
11. What is a Coastal Permit?
12. What can be done when neighbors have a dispute but there are no code violations?
13. How does the Planning Division regulate signs?
14. How does the Planning Division regulate Subdivisions?
15. When are Use Permits required?
16. What are Non-Conforming Uses?
17. My house has been legally constructed on a legal lot of record. The lot is non-conforming due to minimum lot size. If my house is destroyed at some time in the future, can it be rebuilt?
18. My house does not maintain the setbacks to property lines that are required by the current zoning district. Can an addition or remodeling be made to my house, and can I rebuild it if it is destroyed?
19. How do I know whether my lot was legally created?
20. How are Marin County Codes enforced?

1. What is the role of the Current Planning section?

Current Planning staff review applications for permits required by the Marin County Zoning Code for properties in unincorporated areas of the County. Unincorporated areas are located outside the boundaries of any of Marin's 11 cities and towns. Permits may be required for new commercial businesses, second units, signs, remodeling, new construction projects and other types of projects.

2. What role does the Department of Public Works play in reviewing planning applications?

Department of Public Works staff often review and comment on applications to the Planning Division. The Department of Public Works is one of the most diverse departments in the County of Marin. To begin with, there are ten individual divisions, including Waste Management, Road Maintenance, Traffic Engineering, Capital Improvements, Building Maintenance, Engineering and Contracts, the County airport at Gnoss Field, Land Development, Real Estate and the Marin County Flood Control and Water Conservation District. The Public Works Department also provides staff to the countywide Congestion Management Agency as well as the Marin County Stormwater Pollution Prevention Program. For more information, call 473-6570.

3. What role does the Environmental Health Services Division play in reviewing planning applications?

The land use staff of the Division of Environmental Health Services within the Community Development Agency work closely with the Planning and Building Divisions, which are also within Community Development Agency, to insure proper countywide permit coordination for construction when permits for water wells and/or individual sewage disposal systems are required. Environmental Health Services are available to the public from 8:00 am to 4:00 pm, Monday through Friday. We are located in the Civic Center in Room 236, 350l Civic Center Drive, San Rafael, CA 94903. For more information, call 473-6907.

4. Does the County enforce Covenants, Conditions, and Restrictions (CC&Rs)?

No, CC&Rs are deed restrictions that represent private agreements between you and the appropriate homeowners association and/or board of directors for your neighborhood and are not enforced by the County. The responsibility for enforcement of CC&Rs is placed on the homeowner association and/or board of directors. CC&R restrictions cover the type of use and the physical development that are permitted on your property, and are often more restrictive in nature than the County's zoning regulations. You are advised to check with the authority responsible for enforcing the CC&Rs in your neighborhood prior to submitting applications to the County for any construction or development on your property. Following this procedure will minimize the potential for disagreement among neighbors and possible litigation.

5. What is the Marin Countywide Plan?

The Marin Countywide Plan is the County's long-range guide for use of land and resources. The Plan balances current and future needs for urban, rural and natural uses of Marin's 520 square miles of land through the beginning of the 21st century. The first Countywide Plan was adopted in 1973 and was most recently updated in 1994 after several years of public hearings at the Planning Commission and Board of Supervisors.

The Plan provides specific policy direction for land in unincorporated areas and general guidelines for the cities and towns of Marin. The Countywide Plan has eleven chapters or elements dealing with: environmental quality, community development, transportation, housing, noise, environmental hazards, agriculture, community facilities, parks and recreation, trails, and economics.

6. How is the environment of Marin protected?

The environment of unincorporated Marin County is protected in a variety of policies and regulations adopted by the County and the State. Major policies protecting the County's natural environment are located in the Marin Countywide Plan, which preserves wetlands, streams, open space, and natural ridge tops. In addition, the County administers the California Environmental Quality Act or CEQA [pronounced see'-kwuh]. CEQA requires evaluation of most development projects to determine whether significant adverse impacts on the environment will occur and what mitigation measures may be needed.

7. When is Design Review required?

Design Review is required for commercial projects and development on properties zoned under a planned zoning district (RSP, RMP, ARP, etc.) and the corresponding planned zoning districts for properties located in the Coastal Zone. Single-family residences and agricultural buildings located more than 300 feet from a property line or street which are located on properties under a conventional zoning district (A-2, R-A, R-1, etc.) are normally exempt from Design Review. However, Design Review may be required on a conventionally-zoned lot if you are building on a vacant property that contains less than half the lot area required by the governing zoning district or the lot slope requirements or if the total floor area on the property would exceed 4,000 square feet. The Design Review process evaluates building and site design proposals to enhance the character of Marin County.

8. What is a Lot Merger?

"Lot Merger" involves an action of the County to join two or more contiguous parcels or units of land held by the same owner. Lot merger may be initiated by either a property owner or by the County. A lot merger may occur only when certain requirements are met, such as: the parcels are contiguous, held under the same ownership, and do not conform to minimum lot size requirements.

9. How does the Planning Division regulate floating homes?

Floating home development may be permitted with a Building Permit provided the construction complies with the development standards established by Marin County Code. A Floating Home Exception or Deviation would be required in order to allow exceptions to these development standards.

10. When may a Variance be granted?

A Variance may be granted to vary or modify the strict application of the regulations or provisions contained in the zoning ordinance in cases in which there are practical difficulties or unnecessary hardships in the way of such strict application. However, Variances cannot be granted for relief from use limitations. Specifically, Variances provide relief from standards relating to principal building height, floor area ratio, setbacks from property lines, required parcel size and width, density, and slope requirements.

11. What is a Coastal Permit?

The California Coastal Act of 1976 established a statewide coastal management program and mandated preparation of Local Coastal Programs (LCP's) to guide future development and to insure that coastal resources are properly utilized and fully protected. The LCP's supersede local plans and take precedence over all local policies and zoning regulations. All parcels within a coastal zone are zoned as "C" districts (i.e., C-RSP, C-ARP, C-VCR, etc.) and projects located within "C" districts may require a Coastal Permit. Under certain conditions, projects in "C" districts may be exempt or excludable from Coastal Permit requirements. Most coastal permits are processed by Marin County; however, development proposals located in areas identified as tidelands, submerged lands or public trust land shall require a coastal permit processed by the California Coastal Commission.

12. What can be done when neighbors have a dispute but there are no code violations?

In recent years, the cost and delay of traditional courtroom litigation, particularly discovery and trial, have caused a number of California courts to establish programs for alternative dispute resolution, called ADR. The term ADR refers to a variety of techniques, such as arbitration, mediation, and neutral evaluation, which are designed to resolve legal disputes before they reach the courtroom. The goal of ADR is to save you and the courts both time and money. To contact the ADR coordinator, call 473-6072

In arbitration, the neutral party conducts a hearing, receives evidence, and decides the outcome of the dispute. The hearing takes the place of a trial. Arbitration generally takes less time and is less costly. In mediation, the neutral party does not decide the dispute but helps the parties communicate so they can settle the dispute themselves. The parties have a greater chance to participate than in trial or arbitration. In neutral evaluation, the neutral party reads documents concerning the dispute, hears the parties' positions, and gives an opinion about the strengths and weaknesses of the case. The neutral party may offer an evaluation of how much the case is worth. The parties can use this opinion to settle the case.

13. How does the Planning Division regulate signs?

Some signs require permits, including many residential and commercial signs over a certain size. Other signs do not require permits provided they are within certain size limits; such as a name plate for a home, temporary signs for real estate sales, political signs, and holiday signs. Some signs are prohibited, including a-frames, billboards and private signs on a public right of way. The County requires sign review or sign permits for certain outdoor signs in unincorporated Marin. Sign review is required for oversized or freestanding signs and signs which use changeable copy or interior lighting. The Sign Review process allows discretionary review and a public notice period. Sign permits are required for signs to identify apartments, institutions, and commercial uses that conform to the limits set forth in the Zoning Ordinance. Sign permits may be issued administratively.

14. How does the Planning Division regulate Subdivisions?

The Marin County Code requires permits for the subdivision of land into separate lots in conformance with the California Subdivision Map Act. A subdivision is defined as any division of property for the purpose of sale, lease or financing. Approval of a subdivision is a two-step process. First you file for approval of a Tentative Map. The Tentative Map will be reviewed by Planning Staff (including environmental review) and forwarded to the Deputy Zoning Administrator or Planning Commission for their approval/denial or referral to the Board of Supervisors. The Tentative Map process allows you to get preliminary approval of the parcel layout before investing significant amounts of time and resources into preparing a detailed Final or Parcel Map. Your Tentative Map will be reviewed for conformity to all County Ordinances and the State Subdivision Map Act. After getting approval of the Tentative Map, you will file either a Final or Parcel Map (depending on the number of approved parcels) for review by the County Surveyor and Planning Staff to make sure the legal and technical requirements are satisfied, and to make sure the Map conforms to the approved Tentative Map. Upon approval of the Final Map or Parcel Map, the County Surveyor will transmit the Map to the County Recorder's Office to be recorded. After recordation, the newly-created lots can be sold.

15. When are Use Permits required?

The County Zoning Ordinance allows some uses by right without further County review and requires a permit for other uses. The use permit process permits specific land uses in zoning districts under a set of conditions that provide adequate protection to adjacent properties. In a commercial area, some uses that may require a Use Permit are automobile service stations, bars, large restaurants, and certain retail shops. In a residential area, some uses that may require a use permit are schools, tennis courts, and accessory structures that exceed height standards or encroach into setbacks. The granting of a Use Permit requires a noticed public hearing. Usually, the Deputy Zoning Administrator or the Planning Commission conducts Use Permit hearings.

16. What are Non-Conforming Uses?

Non-conforming uses in unincorporated Marin County are those uses which are inconsistent with the County Zoning Code. Some non-conforming uses are considered legal because they were established at a time when they were permitted by the County Code. Other non-conforming uses have never been allowed by the County Code and are not considered legal. Legal non-conforming uses may continue provided they are not expanded and no structural alterations are made to legal non-conforming buildings that exceed 25% of the building's appraised value as calculated by the County Assessor.

17. My house has been legally constructed on a legal lot of record. The lot is non-conforming due to minimum lot size. If my house is destroyed at some time in the future, can it be rebuilt?

Yes, the house can be rebuilt. The new construction will be subject to all standards (setbacks, height, etc.) and permits required by the Zoning Code at the time of reconstruction. The fact that the lot is substandard in size does not automatically preclude construction or reconstruction of a house.

18. My house does not maintain the setbacks to property lines that are required by the current zoning district. Can an addition or remodeling be made to my house, and can I rebuild it if it is destroyed?

Your house is normally considered legal non-conforming, and an addition may be permitted as long as the new work conforms to the current zoning standards (setbacks, height, etc.). The Zoning Code also allows you to do minor work on such a legal non-conforming house every 12 months, such as ordinary structural alterations or replacements of walls, fixtures, or plumbing, if the work does not exceed 25% of the building's appraised value and if you do not increase the size of the building.

If your legal non-conforming house is destroyed, you may rebuild it to its pre-existing condition if the amount of damage does not exceed 75% of the building's fair market value. If the extent of damage exceeds 75% of the fair market value, then the reconstructed house would be subject to all current zoning standards. This is a generalized description of the rebuilding process. The requirements may vary for properties in the Coastal Zone and if the loss resulted from an emergency or natural disaster.

19. How do I know whether my lot was legally created?

Your lot is generally considered a legally-created lot if it was created on a recorded subdivision map, on a Record of Survey/Parcel Map approved by the County after October 27, 1964, or through a Lot Line Adjustment approved by the County after May 27, 1975. If your lot was created in a different manner (i.e. through conveyance of a deed or by Record of Survey or plot map in some instances), the County will need to conduct an analysis to determine whether the parcel was conveyed/created in accordance with zoning and subdivision regulations. You would need to submit a Single Holding Form application which provides the County with information regarding the date and method of creation. If a determination is subsequently made by the Planning Division that your parcel was created in accordance with zoning and subdivision regulations, then the parcel is deemed to be a legal lot. If not, you may seek legalization of the lot through the Certificate of Compliance or Subdivision procedure.

20. How are Marin County Codes enforced?

The Community Development Agency enforces code violations located on properties within the unincorporated area of Marin County. Investigations of code violations are generated by written complaints. Once a complaint is submitted to the Agency, it is assigned to an enforcement officer to investigate. If the complaint is found to be valid, a violation letter is sent to the property owner notifying them of the violation existing on the site and requesting abatement of the violation.

If you wish to submit a complaint regarding a violation occurring on a property, it is necessary that you submit the complaint in writing. Please include the address of the violation and any a detailed description of the work activity that is in violation of the code. All complaints must be signed, and will be kept confidential. Anonymous complaints will not be investigated. Please submit your written complaint to the Marin County Community Development Agency, Planning Division, Attn: Enforcement, 3501 Civic Center Drive, Room 308, San Rafael, CA 94903.

If you wish to speak with staff to determine if a violation exists on a particular property, please call the Public Information Counter at 473-6269 and speak to a public information staff. It is the goal of the Community Development Agency to work with the property owner to bring a property into compliance with County regulations.