EXHIBIT A MARIN COUNTY DEVELOPMENT CODE AMENDMENTS

Transcription

1 EXHIBIT A MARIN COUNTY DEVELOPMENT CODE AMENDMENTS ARTICLE II Zoning Districts Established D. Special Purpose and Combining Districts Open Area OA 52 Public Facilities PF 52 Minimum Lot Size B 52 Bayfront Conservation BFC 52 Affordable Housing AH Exemptions from Land Use Permit Requirements The following activities, uses of land, and other improvements, are permitted in all zoning districts and do not require a land use permit; however, other permits may be required in compliance with Subsection H., below. A. Decks, paths, driveways, and other minor improvements. Decks, platforms, on-site paths, driveways, and other improvements that are not required to have building or grading permits by Title 19 of the County Code, and are not over 18 inches above grade and not over any basement or story below, except in the ARP, RSP, RMP, RX, CP, OP, RCR, RMPC, RF, and IP zoning districts. Improvements that are necessary to meet accessibility requirements, regardless of whether they are subject to building or grading permits, are also exempt in all zoning districts. Footnotes to the Development Standards Tables In the following sections, a footnote to the development standards tables should be amended. Please note that this footnote is mis-numbered in several tables. The footnote numbering is being corrected to reflect the current numbering Agricultural District Development Standards TABLE 2-2, AGRICULTURAL DISTRICT DEVELOPMENT STANDARDS (7) Residential District Development Standards TABLE 2-5, RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS (6) Commercial/Mixed Use and Industrial District Development Standards TABLE 2-8, COMMERCIAL/MIXED USE AND INDUSTRIAL DISTRICT (7) Minimum Lot Size -B Combining District TABLE 2-11, B COMBINING DISTRICT DEVELOPMENT STANDARDS (5) Page 1 of 16

2 Notes: (see # above) The maximum residential density for proposed subdivisions for that portion or portions of properties with sensitive habitat or within the Ridge and Upland Greenbelt or the Baylands Corridor, and properties that lack public water or sewer systems, shall be calculated at the lowest end of the density range as established by the governing Countywide Plan Land Use Designation, except for projects that provide significant public benefits, as determined by the Review Authority, and lots proposed for affordable housing. This restriction does not apply to lots governed by the Countywide Plan s PD-AERA (Planned Designation Agricultural and Environmental Reserve Area) land use designation and to lots in the Baylands Corridor that are two acres or less in size that were legally created prior to January 1, Densities higher than the lowest end of the applicable density range may be considered on a case-by-case basis for new housing units affordable to very low and low income households that are capable of providing adequate water and sanitary services. Chapter Residential District Land Uses and Permit Requirements LAND USE (1) TABLE 2-4 ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTI-FAMILY RESIDENTIAL DISTRICTS (Continued) PERMIT REQUIREMENT BY DISTRICT R2 Resident ial Two Family RMP Resident ial Multiple Planned RX Resident ial Mobile Home Park RF Floating Home Marina See Permit Requiremen ts and Standards in Section: RESIDENTIAL USES Affordable housing P P P P Chapter Floating home marinas MP(8) Floating homes MP Group homes, 6 or fewer residents P P P P Group homes, 7 or more residents U MU MU MU Guest house P MP Home occupations P MP MP MP Mobile home parks U MU MP(9) Mobile homes MP Multi-family dwellings MP Organizational houses U MU Residential accessory uses and P MU MP MP structures Residential care facilities P MP MP MP Page 2 of 16

3 Room rentals P MP Residential second units P P Single-family dwellings P MP P Single Room Occupancy (SRO) P Tennis and other recreational uses P MP MP MP Two-family dwellings P MP Commercial/Mixed-Use and Industrial District Land Uses and Permit Requirements LAND USE (1) TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/MIXED USE DISTRICTS (Continued) PERMIT REQUIREMENT BY DISTRICT VCR Village Commerci al Residential RMPC C1 Residenti al Commerci al Multiple Planned Retail Busin ess CP Planned See Permit Commerci Requirements al and Standards in Section: RESIDENTIAL USES Affordable Housing P P P P Group homes, 6 or fewer residents P P Group homes, 7 or more residents U MU Guest houses P MP Home occupations P MP P MP Multi-family dwellings U MP P (8) MP (8) Organizational houses U MU U Residential accessory uses and P MP P structures Residential care facilities P MP Room rentals P MP P MP Single-family dwellings P MP P(7, 8) (MP (8) Single Room Occupancy (SRO) P P P P Tennis and other recreational uses U MP U MU Two-family dwellings U MP P(7, 8) Page 3 of 16

4 TABLE 2-7 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/MIXED USE AND INDUSTRIAL DISTRICTS (Continued) PERMIT REQUIREMENT BY DISTRICT LAND USE (1) AP Admin and Professi onal OP Planne d Office H1 Limite d Roads ide Busin ess RCR Resort and Commer cial Recreati on IP Industri al Planne d See Permit Requiremen ts and Standards in Section: RESIDENTIAL USES Affordable Housing P P P P U Chapter Group homes, 6 or fewer residents P U Group homes, 7 or more residents MU U Guest houses MP U Home occupations P MP P Multi-family dwellings P(8) MP P(8) (9) Organizational houses MU U MU Residential accessory uses and P MP P structures Residential care facilities MP U Room rentals P MP U Single-family dwellings P(8) MP P(8) (9) Single Room Occupancy (SRO) P P P Tennis and other recreational uses MU U Two-family dwellings P(8) MP P(8) (9) Applicability of Special Purpose and Combining Districts E. Affordable Housing (AH) Combining District. The AH zoning district allows 30 dwelling units per acre for affordable housing. See Section (Affordable Housing Combining District) Affordable Housing (AH) Combining District A. Purpose. This district will allow affordable housing development up to 30 units per acre and offer development incentives on sites that are otherwise governed by a lower density zone. This approach will allow compact development to occur on portions of parcels and encourage affordable housing over market rate housing on key sites. Page 4 of 16

5 B. Application of combining district. The AH zone shall apply to those eligible sites named in the Housing Element of the Countywide Plan. C. Permitted Uses. Affordable housing pursuant to Chapter is permitted in an AH zoning district. D. Incentives. Incentives shall be offered pursuant to those established in Chapter Minimum Lot Size -B Combining District B. Development standards. Where the B combining district is applied, the minimum lot area, setback, height, and floor area ratio standards in Table 2-11 (B Combining District Development Standards) shall be required, instead of those that are normally required by the primary zoning district. The maximum residential density for proposed subdivisions for that portion or portions of properties with sensitive habitat or within the Ridge and Upland Greenbelt or the Baylands Corridor, and properties that lack public water or sewer systems, shall be calculated at the lowest end of the density range as established by the governing Countywide Plan Land Use Designation, except for projects that provide significant public benefits, as determined by the Review Authority, and lots proposed for affordable housing. This restriction does not apply to lots governed by the Countywide Plan s PD_AERA (Planned Designation Agricultural and Environmental Reserve Area ) land use designation and to lots in the Baylands Corridor that are two acres or less in size that were legally created prior to January 1, Densities higher than the lowest end of the applicable density range may be considered on a case-by-case basis for new housing units affordable to very low and low income households that are capable of providing adequate water and sanitary services. ARTICLE III Height Measurement and Height Limit Exceptions E. Exceptions to height limits: 1. Institutional buildings. Where the maximum height established by the applicable zoning district is less than 75 feet, public and semi-public buildings, churches, hospitals, schools, and other institutional structures allowed in the zoning district may be erected to a height not exceeding 75 feet; provided that: a. The front, side, and rear yard setbacks shall be increased one foot for each one foot by which the structure exceeds the height limit established by the zoning district; and b. The Director determines that the amount of structure height allowed above the height limit of the underlying zoning district will not result in significant glare, light, privacy, shadow, or visual impacts to surrounding properties or scenic locations. Page 5 of 16

6 2. Single-family ddwellings. Single-family ddwellings in an A, A2, RA, RR, RE, R1, and R2 zoning district may be increased in height without Variance approval by a maximum of 10 feet when side setbacks of 15 feet or greater are provided, subject to the regulations of Chapter (Design Review). 3. Solar panels. In A, A2, RA, RR, RE, R1, R2, H1, and VCR zoning districts, roof-mounted solar electric and solar thermal panels may exceed 30 feet above grade, provided no part of the equipment exceeds a height of 32 feet above grade unless approved through Design Review. The requirements of Sections F.1, F.2., J relative to protection of rural visual character, K.1.c., and K.2, A (Decisions and Findings) shall not apply to Design Review for solar panels. Roof-mounted solar panels on floating homes and arks in RF and RCR zoning districts may exceed the maximum height allowed by this Development Code or the maximum height allowed by previously approved permits by a maximum of two feet without being subject to discretionary approval by Floating Home Adjustment or Floating Home Architectural Deviation approval. 4. Spires, towers, water tanks, etc. Chimneys, cupolas, flag poles, gables, monuments, spires, towers (e.g., transmission, utility, etc.), water tanks, similar structures and necessary mechanical appurtenances may be allowed to exceed the height limit established for the applicable zoning district, subject to the following standards. a. The structure shall not cover more than 15 percent of the lot area at any level. b. The area of the base of the structure shall not exceed 1,600 square feet. c. No gable, spire, tower or similar structure shall be used for sleeping or eating quarters or for any commercial purpose other than that which is incidental to the allowed uses of the primary structure. d. No structure shall exceed a maximum height of 150 feet above grade, except with Design Review approval. See Chapter (Design Review). Chapter Affordable Housing Regulations Exemptions The following shall be exempt from the provisions of this Chapter: agricultural development; agricultural worker housing and all related accessory structures; development subject to the Marin Local Agency Formation Commission s (LAFCO) authority over boundaries and organization; residential second units; and residential projects developed at the targeted income level and percentage cited in the Housing Overlay Designation policies in the Countywide Plan. Affordable housing shall be exempt from Inclusionary Housing Standards. Page 6 of 16

7 Waivers The review authority may grant a waiver to the requirements of this Chapter if an alternative affordable housing proposal demonstrates a better means of serving the County in achieving its affordable housing goals than the requirements of Chapter (Affordable Housing Regulations). A. Residential projects. The review authority may approve one or more of the following alternative means of compliance with the requirements of Section (Inclusionary Housing Standards Lot Creation) or the mixed use residential inclusionary requirements of Section B (Mixed use development). Any proposed alternative means of compliance must include an analysis of fair housing implications to insure that any proposed off-site location will promote diversity. Required units or lots must be located in an unincorporated area of the County. Required units or lots may also be within the boundaries of a City or Town provided there is an interagency agreement with the County which defines the sharing of affordable housing resources and compliance with fair share housing allocations. The options below are listed in order of priority, with the provision of in-lieu fees being the lowest priority. The applicant must demonstrate that each option is infeasible before the County may consider the next option. 1. Affordable units off-site. Inclusionary units may be constructed on one or more sites not contiguous with the proposed development. The off-site property shall be located in an area with appropriate zoning, character and density, location, size, accessibility to public transportation, and other services, consistent with sound community planning principles and shall be devoid of contaminants and other hazardous wastes. The offsite location must include either a greater number of inclusionary units than required on-site or the same number of inclusionary units that are affordable at a lower income level. 2. Lots. The applicant may dedicate suitable real property to the County or its designee to develop the required inclusionary units. The property shall be located in an area with appropriate zoning, character and density, location, size, accessibility to public transportation, and other services, consistent with sound community planning principles and shall be devoid of contaminants and other hazardous wastes. The offsite location must include either a greater number of inclusionary units than required on-site or the same number of inclusionary units that are affordable to a lower income level. Required units may also be constructed within the boundaries of a City or Town provided there is an inter-agency agreement with the County which defines the sharing of affordable housing resources and compliance with fair share housing allocations. 3. In-lieu fee. The applicant may pay an in-lieu participation fee based on 125% of the requirement of Section (Inclusionary Housing Standards Lot Creation). The review authority shall apply the lowest preference to the payment of an in-lieu fee for compliance with the requirements of this chapter. B. Non-Residential Development. If the review authority finds that an alternative provides a better means of serving the County in achieving its affordable housing goals, one or more of the following alternative means may be approved for compliance with the requirements of this chapter. Any proposed alternative means of compliance must Page 7 of 16

8 include an analysis of fair housing implications to insure that any proposed off-site location will promote housing diversity. Required units or lots must be located in an unincorporated area of the County. Required units or lots may also be within the boundaries of a City or Town provided there is an inter-agency agreement with the County which defines the sharing of affordable housing resources and compliance with fair share housing allocations. A combination of both income-restricted units and affordable housing fees may be allowed. The options below are listed in order of priority, with the provision of in-lieu fees being the lowest priority. The applicant must demonstrate that each option is infeasible before the County may consider the next option General Affordable Housing Standards A. Eligible occupants. All affordable housing units shall be sold or rented to Income Qualifying Households, at income levels established pursuant to the applicable affordable housing requirement, as certified by the County or its designee Non-Residential and Mixed Use Affordable Housing Standards TABLE 3-4b AFFORDABLE HOUSING FEES FOR NON-RESIDENTIAL DEVELOPMENT (Per square foot of floor area 1 unless noted otherwise) Development Type Fee per square foot Manufacturing/Light Industry/Assembly $3.74 Office 2 /Research and Development $7.19 Warehouse $1.94 Hotel/Motel 3 $1,745 per room Retail/Restaurant $5.40 Other types of non-residential uses Applicant to provide information and development including assisted living statistics on new jobs generated by the use of the development. 1 For purposes of this Chapter, the floor area excludes all areas permanently allocated for vehicle parking, unless such areas are used for commercial or industrial purposes. 2 Office uses include those associated with professional, business, and medical services. 3 Accessory uses, such as retail, restaurant, and meeting facilities within a hotel shall be subject to requirements for a retail use Single Room Occupancy (SRO) The standards of this Section shall apply to Single Room Occupancy residential structures (SROs). Page 8 of 16

9 A. Permitted use, zoning districts. Where allowed by Article II (Zoning Districts and Allowable Land Uses) Single Room Occupancy (SROs) shall comply with the standards of this Section. B. Permit requirements. Design Review approval, in compliance with Chapter (Design Review), is required for SROs. The following additional findings shall apply. C. Standards. 1. Density. The residential density of SROs may be allowed up to, but no more than, 30 dwelling units per acre. For the purposes of this calculation, each studio apartment shall be considered one unit. 2. Design Characteristics. An SRO structure shall be subject to the Multi- Family Residential Design Guidelines. 3. Rental limitations. SRO rents shall be limited to affordable housing, as defined in Article VIII (Development Code Definitions). ARTICLE IV Applicability B. Conventional Zoning Districts. 1. Noncoastal Zoning Districts. Single-family residencesresidential development and residential accessory structures in A2 to A60, C1, H1, AP, RA, RR, RE, R1, R2, and VCR zoning districts on a parcel that contains more than 4,000 square feet of building area and/or where a structure is greater than 30 feet in height. Nonresidential structures in A2 to A60, C1, H1, RA, RR, RE, R1, R2, and VCR zoning districts. In the A3 to A60 zoning districts on lots one acre and larger, agricultural accessory structures and structures used for agricultural processing and retail sales uses are not included in the building area calculation Project Review Procedures A. Purpose. This Section provides procedures for Design Review. It includes procedures for reviewing Minor Design Review and Design Review applications. B. Minor Design Review. If a project is not exempt from Design Review as defined in Section (Exemptions from Design Review), an applicant may apply for a Minor Design Review by staff. A Minor Design Review application may be approved or conditionally approved by staff following a site visit if it meets all of the requirements contained in this Section. A notice of the proposed project shall be posted at the site pursuant to Section (D). The Minor Design Review Page 9 of 16

10 application is intended to streamline the Design Review process for minor projects that may be approved without required noticing or a public hearing, provided the application does not require a public hearing Coastal Permit. Minor Design Review decisions are appealable pursuant to the requirements of Chapter (Appeals). 1. Requirements. A project eligible for a Minor Design Review must: a. Not conflict with previous County conditions of approval that were imposed on the property; b. Be consistent with the purpose of Design Review pursuant to Section (Purpose of Chapter); c. Comply with existing Master Plans and applicable standards in a Community Plan; d. Be located outside of Stream Conservation Areas, Wetland Conservation Areas, or other mapped environmentally sensitive areas as designated by the Countywide Plan; e. Comply with the County's Single-family Residential Design Guidelines; f. Comply with Marin County Green Building Standards (Section ) and exceed Minimum Compliance Threshold by one level, with the exception that additions with a valuation exceeding $300,000 shall attain a minimum compliance threshold that requires 20 additional points than that which is required by the Green Building Standards; and g. Not be located on a property that meets either of the following conditions, as applicable: 1. If the residence on the property was not subject to Design Review, final inspection by the Building and Safety Division has not been approved or was approved less than 24 months ago; or 2. If any previous addition to the residence on the property was issued a Minor Design Review pursuant to Section (B), final inspection by the Building and Safety Division has not been approved or was approved less than 24 months ago. 2. Eligible Projects. The following types of work may qualify for Minor Design Review. a. Single-familyResidential additions and detached accessory structures in A2 to A60, C1, H1, RA, RR, RE, R1, R2, and VCR zoning districts and in Planned Districts (see Chapter (Planned District Development Standards)) that meet the standards in Table 4-4 may qualify for Minor Design Review. Two-family additions and detached accessory structures Page 10 of 16

11 in R2 zoning districts that meet the standard in Table 4-4 may qualify for Minor Design Review. TABLE 4-4 STANDARDS FOR SINGLE-FAMILYRESIDENTIAL ADDITIONS AND DETACHED ACCESSORY STRUCTURES THAT MAY QUALIFY FOR MINOR DESIGN REVIEW Max. increase in building area Max. total building area Max. height Min. setbacks Planned Districts A2 to A60, C1, H1, RA, RR, RE, R1, R2, and VCR (combining coastal zones included) Lots less than or equal to 20,000 sq. ft. Lots greater than 20,000 sq. ft. 1,000 sq. ft. or 50% of the existing building area, whichever is less 4,000 sq. ft. or the applicable 5,500 sq. ft. or the floor area ratio (FAR) limit applicable floor area ratio under the zoning district or in (FAR) limit under the a Community Plan, zoning district or in a whichever is more restrictive* Community Plan, whichever is more restrictive* 30 ft. for single-familyresidential additions in non-coastal zone 25 ft. for single-familyresidential additions in coastal zone or the coastal zoning height standard, whichever is more restrictive 15 ft. for detached accessory structures where either the lot or the natural grade in the area of the building footprint has an average slope that equals or is less than 25% 20 ft. where the average lot slope or the natural grade in the area of the building footprint has an average slope of > 25% Varies See Article II (Zoning Districts and Allowable Land Uses) and Article V (Coastal Zones Permit Requirements and Development Standards) Decision and Findings E. The proposed development complies with either the Single-family or Multi-family Residential Design Guidelines, as applicable, and the design and locational characteristics listed in Chapter (Planned District Development Standards); Page 11 of 16

12 Exemptions A. In situations where development is proposed within the footprint of a legal or legal non-conforming building constructed prior to January 1, 2012, the Director may find a project exempt from the requirements of Section (Applicability), above, subject to the following: 1. A. The cubical contents of the structure shall not be increased with the exception of minor dormers and bay windows which provide headroom or circulation or projects that are addressed below in section C, but do not add to the bulk and mass of the structure. 2. B. The floor area ratio may increase, not to exceed 0.35 maximum, or 300 square feet, whichever is more restrictive, except that such area limitations do not apply to circumstances in flood zones that are addressed below in section C. 3. C. The floor area ratio may increase above 30 percent if the increase in floor area is due to a Federal or County requirement that an existing structure be raised above the base flood elevation. In this instance, the finished floor of the first level above the base flood elevation shall not be more than 18 inches above the base flood elevation. Floor area beneath proposed additions does not qualify for this exemption. 4. D. Existing legal non-conforming setbacks may be maintained if a structure is being raised to conform to a Federal or County requirement that an existing structure be raised above the base flood elevation. In this instance, the finished floor of the first level above the base flood elevation shall not be more than 18 inches above the base flood elevation. Development beneath proposed additions does not qualify for this exemption. 5. E. The height of a roof of an existing structure that encroaches into a required setback is being lowered by any height or is being raised by not more than three feet in height above the existing roof, or to a maximum of 30 feet above grade, whichever is more restrictive. 6. F. The project shall be subject to Design Review in compliance with Chapter (Design Review). Article VI Density Range Residential densities shall be construed as maximums, but not entitlements. For purposes of subdivision, the maximum allowable density shall be determined on a caseby-case basis. Page 12 of 16

13 The maximum residential density allowed for proposed subdivisions for any properties or portions of properties with sensitive habitat or within the Ridge and Upland Greenbelt or the Baylands Corridor, and properties that lack public water or sewer systems, shall be calculated at the lowest end of the density range established by the governing Countywide Plan Land Use Designation, except for projects that provide significant public benefits, as determined by the Review Authority, and lots proposed for affordable housing. This restriction does not apply to lots governed by the Countywide Plan s PD_AERA (Planned Designation Agricultural and Environmental Reserve Area) land use designation. Densities higher than the lowest end of the applicable density range may be considered on a case-by-case basis for new housing units affordable to very low and low income households that are capable of providing adequate water and sanitary services Lot Configuration and Minimum Area Proposed subdivisions shall be designed so that all lots are in compliance with all applicable minimum lot area requirements of this Development Code, except when the project entails subdivision allowed by Government Code Section Lots should be designed with configurations that ensure each property owner can easily understand parcel boundaries, and to respect environmental and topographic conditions of the site. Irregular lot configurations that are designed solely to meet minimum lot area standards based on the lot-slope requirements contained in Section (Hillside Subdivision Design) shall not be permitted. Lots shall not be approved unless they are developable, buildable, and reasonably accessible. Lots shall not be created which are impractical for improvement, due to steepness of terrain, location of water courses, inability to handle waste disposal, or other natural or manmade physical conditions. Lots which do not comply with minimum lot size requirements can only be approved in conjunction with a rezoning. In addition to the provisions of this Chapter, lot design shall comply with those standards established by: A. Article II (Zoning Districts and Allowable Land Uses); B. Article V (Coastal Zones Development and Resource Management Standards); C. The Zoning Maps (Section (Zoning Map Adopted)); and D. Title 24, Chapter (Lots) of the County Code Requirements for Merger On or after January 1, 1984, when any one of two or more contiguous parcels or units of land, which are held by the same owner or owners, does not conform to the minimum lot area requirements of the applicable zoning district or the minimum lot area requirements based on lot slope (Section Hillside Subdivision Design), the contiguous Page 13 of 16

14 parcels shall merge if required by Subsection A of this Section (Merger Required), except where otherwise provided by Subsection B of this Section (Exemptions from Merger Requirements). D. Merger due to cessation of agricultural housing. The conditions of approval for a subdivision as allowed by Government Code Section shall require that all conditions of that Section be implemented. ARTICLE VIII Affordable Housing. Dwelling units that are income restricted and rented or sold at rates that are affordable to households with income qualifying as low, very low or extremely low income, as described in Chapter (Affordable Housing Regulations) or Chapter (Affordable Housing Incentives) and defined by Health and Safety Code Sections and Affordable Housing includes Transitional and Supportive housing Housing, and Single Room Occupancy (SRO) consistent with qualifying income requirements. Agricultural Accessory Structures (land use). This land use consists of agricultural worker housing or an uninhabited structure for the storage of farm animals, implements, supplies or products, that contains no residential use, is not accessory to a residential use, and is not open to the public, including: - agricultural worker housing - barns - coops - corrals - grain elevators - facilities for milking - fences - pens - silos - stables - facilities for cleaning, drying, pre-cooling, and packaging of fruits and vegetables produced on-site - greenhouses - utility facilities - other similar structures Does not include commercial greenhouses (which are under "Plant Nurseries") or structures for agricultural processing activities (which are under "Agricultural Processing") or retail sales of agricultural products. Wind machines for water pumping or other conversion of wind energy to mechanical or thermal power are included under the definition of "Wind Energy Conversion Systems" (WECS). Demolition. The act of tearing down, removing, or replacing an existing building, structure, or other physical improvement. For structures other than buildings (e.g. fences, retaining walls), removal of more than 75 percent of the length or area of the structure shall be considered demolition. For buildings, removal or substantial Page 14 of 16

15 modification of more than 75 percent of the linear sum of a building s exterior walls for each story shall be considered demolition of the building. Modification of improvements is considered to be substantial when the work makes structural modifications to the exterior walls of buildings in accordance with the California Building Code, including new shear walls over existing framing and/or the substitution of any new materials in place of existing framing. The installation of interior drywall and in-kind replacement of exterior material treatment (e.g, stucco for stucco), regardless of color, is considered substantial modification only when structural modifications are included. The replacement of doors and windows and in-kind barge replacements for floating homes are not considered to be substantial modifications. Floor Area. Except as specified by the Tamalpais Area Community Plan, the sum of the gross area of all floors in all buildings on a site, measured from the exterior faces of the exterior walls, including enclosed understory, basement, and attic space that can be easily converted to living area, but excluding: 1. All unenclosed horizontal surfaces, including balconies, courts, decks, porches, terraces; 2. For single-family residential structures, the first 250 square feet of floor area of all detached accessory structures not designed for and/or used for habitable space; 3. For single-family residential structures, the first 540 square feet of garage areas permanently allocated for vehicle parking; 4. For two-family, multi-family, and non-residential structures, all floor area that is required to meet minimum parking standards under Title 24; 5. Exterior wall thickness of greater than 6 inches, where the additional wall thickness results in greater energy efficiency (e.g. straw bale construction or earthen wall construction), as demonstrated by the applicant and subject to the approval of the Director; and 6. Bay windows. The floor area of stairways, elevators, and other vertical accesses, is included in the total floor area only as to the footprint (area at the base) of the vertical access, and is not counted at each floor of a building. In order to qualify as an unenclosed horizontal surface, at least one of the longest wall planes of the space shall be kept open with the exception that railings with a surface area that is at least 50% open and unobstructed by structural elements and that are necessary for safety or convenience purposes may be allowed within the open wall plane. As defined herein, understory, basement, and attic space that can be easily converted to living area include: (1) unconditioned and unimproved spaces that yield a minimum clear room area of 7 feet by 7 feet and a minimum ceiling height of 7 ½ feet or higher; and (2) all attic areas with a minimum ceiling height of 5 feet or higher. Sensitive Habitat. Stream Conservation Areas and Wetland Conservation Areas. (See Environmentally Sensitive Habitat Area for properties in the coastal zone.) Page 15 of 16

16 Single-Family Dwellings (land use). This land use consists of a building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the California Building Code (UBC), and mobile homes/manufactured housing on permanent foundations and agricultural worker housing. Single Room Occupancy (SRO). A multiple-tenant residential building, in which four or more studio apartments that do not have food preparation facilities are rented as affordable housing on at least a monthly basis. One common food preparation facility may be provided for an SRO. Page 16 of 16