(A)    It is the purpose of the hill area residential development overlay zone to provide review of and objective standards for development proposed for undeveloped land in hill areas.

      (6)    Ensure that infill development on hillside lots is of a size and scale appropriate to the property and is consistent with other properties in the vicinity under the same zone classification.

      (7)   Provide incentives for creation of permanent open space with low impact clustered residential development.

(Prior Code, § 17.38.010) (Ord. 352, passed - -1973; Am. Ord. 886, passed 1-24-2024)

    Properties zoned RS-6, RS-7.5, RD 5.5-7, RM, RM-S, PDD, SF-RMP, UR-7, or UR-10, fall into the HRD overlay zone if they have any of the following characteristics:

   (A)   The slope of the property is in one of the following categories as shown on the General Plan Safety Element Figure S-3: Areas Susceptible to Landslides and/or the California Division of Mines and Geology Map, "Interpretation of the Relative Stability of Upland Slopes in the Upper Ross Valley and the Western Part of San Rafael Area Marin County, California," Rice, Salem J., Smith, Theodore C. and Strand, Rudolph G., 1976 and development of the lot requires movement of more than the corresponding amount of excavation and/or fill or replacement of earth with foundation materials:

      (1)   Zero to five percent slope: 200 cubic yards.

      (2)   Five to 15 percent slope: 200 cubic yards.

      (3)   Fifteen to 30 percent slope: 100 cubic yards.

      (4)   Thirty-one percent slope: 50 cubic yards.

   (B)   The property falls within a "Mostly Landslides" or "Multiple Landslides" landslide hazard zone as shown on Figure S-3: Areas Susceptible to Landslides and/or the California Division of Mines and Geology Map, "Interpretation of the Relative Stability of Upland Slopes in the Upper Ross Valley and the Western Part of San Rafael Area Marin County, California," Rice, Salem J., Smith, Theodore C. and Strand, Rudolph G., 1976;

   (C)   Access to the property is via a private or public undeveloped roadway; (an undeveloped roadway is an unpaved or paper road which must be improved.)

(Prior Code, § 17.38.020) (Ord. 352, passed - -1973; Am. Ord. 845, passed 2-5-2020; Am. Ord. 886, passed 1-24-2024)

    Except for uses listed in § 17.072.050, land in the HRD overlay zone may not be used or developed until plans for development have been subject to design review to ensure compliance with objective development and design standards and approved by the Planning Commission, and a hill area residential development permit is issued.

(Prior Code, § 17.38.030) (Ord. 352, passed - -1973; Am. Ord. 886, passed 1-24-2024)

(Prior Code, § 17.38.040) (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994; Am. Ord. 886, passed 1-24-2024)

    The following uses are permitted outright in the HRD overlay zone:

   (A)   Additions to existing structures provided that the addition is not a 50 percent or greater remodel, as prescribed in § 17.016.040 of this title;

   (B)   Accessory structures under 200 square feet in area;

   (C)   Accessory dwelling units and junior accessory dwelling units meeting the requirements of Chapter 17.048;

   (D)   Fences and retaining walls (under four feet); and

   (E)   Maintenance and repair of existing structures.

(Prior Code, § 17.38.050) (Ord. 352, passed - -1973; Am. Ord. 886, passed 1-24-2024)

   (A)   Projects requiring a hill area residential development permit shall be reviewed by the Planning Commission prior to being referred.

   (B)   The Planning Commission shall address the following issues using objective development and design standards established in this title:

      (1)   The visual impact of the structure upon view corridors found to be significant;

      (2)   The size, scale, siting and design of the proposed structure;

      (3)   Compliance with standards for ridgeline-related development established by Chapter 17.060 and standards for low-impact clustered development pursuant to § 17.072.090 (H);

      (4)   Materials and color of the structure; and

      (5)   Landscaping.

(Prior Code, § 17.38.060) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991; Am. Ord. 693, passed 7-16-2002; Am. Ord. 764, passed 2-1-2012; Am. Ord. 886, passed 1-24-2024)

(Prior Code, § 17.38.070) (Ord. 352, passed - -1973; Am. Ord. 886, passed 1-24-2024)

      (1)    Location of existing and new structures including fences, driveways and retaining walls;

      (2)   New on-site drainage facilities and necessary off-site improvements;

      (3)   Easements existing and proposed; if none exist, a notation of this must be made;

      (4)   Sanitary sewer, water and storm drainage lines labeled with their sizes; and

      (5)   Points of access.

      (6)   Relation of the site plan, existing structures, and proposed structures to ridges identified in the General Plan, scenic highways, and significant view corridors if the proposed development is within 150 feet horizontal distance or 100 feet vertical distance of an adjacent ridgeline.

   (D)   Fairfax Tree Committee report and permit if tree removal is requested;

   (E)   Report by a registered civil engineer specializing in soils and foundations, including:

      (1)   Site soil drainage;

      (2)   Relevant watershed boundaries;

      (3)   Relationship of the proposed construction to drainage patterns in the vicinity and the cumulative effects of runoff;

      (4)   Site geology and the safety of proposed construction; and

      (5)   Foundation adequacy.

   (F)   A grading and erosion control plan;

   (G)   Elevations, floor plans and roof plans;

   (H)   Exterior finishes and materials;

   (I)   Landscape plan delineating natural and planted areas and generic types of landscape materials to be used; and

   (J)   Profiles and photographic visual simulations showing relationship between proposed structures and adjacent off-site improvements and ridges and the required setbacks (150 feet horizontal distance and 100 feet vertical distance from an adjacent ridge)..

(Prior Code, § 17.38.080) (Ord. 352, passed - -1973; Am. Ord. 886, passed 1-24-2024)

   The following objective development and design standards shall apply to new development in the HRD overlay zone:

      (1)   A landscape documentation package shall be provided with the development application that complies with the standards of the Model Water Efficient Landscape Ordinance which applies to all new residential development with 500 square feet or more of landscape area. If the total landscaped area is 2,500 square feet or less, an applicant may use the prescriptive compliance option provided in Appendix D of the Model Ordinance to streamline the review process. Under this option, turf shall not exceed 25 percent of the landscape area.

      (2)   No fill, grading, or construction shall be permitted within the dripline of any existing tree designated for preservation except as may be recommended by an arborist certified by the International Society of Arboriculture or a California-registered professional forester.

      (1)   Roads shall be designed to meet the requirements of the Town Engineer, as set forth in the Subdivision Ordinance, and the Fire Department as set forth in the Fire Code.

      (2)   The Planning Commission may require parking areas to accommodate public and guest parking in addition to off-street parking for dwelling units.

      (3)   Off-street parking shall conform to the provisions of Chapter 17.052 of this title.

         MN = Development site area (sg. ft.) divided by (10,000 plus 1,200 for each one percent increase in the average slope of the site above 15 percent).

         (a)   New street and driveway grades shall not exceed 18 percent unless an exception has been approved by the Planning Director and the Director of Public Works to allow street and driveway grades up to 25 percent.

         (b)   Streets and driveways with slopes over 15 percent shall be a permanent, durable, non-asphalt hardscape surface. Streets and driveways with slopes over 18 percent shall have grooves/scoring for traction.

         (c)   A transition shall be provided at the street and driveway apron to allow vehicles to safely transition to/from roadways and parking areas.

         (a)   Locate development along the lowest portion of the property away from ridgelines, adjacent to existing streets and/or on already disturbed land, to the extent feasible, to protect undeveloped areas;

         (b)   Use split level building terraces, pier foundations and stepped footings, as appropriate for the proposed building, to reduce grading and visual impacts and break up building mass;

         (c)   Site buildings with different floor elevations to achieve height variation;

         (d)   Design roofs with an offset of at least 18 inches, a change in pitch, or a gable every 60 linear feet;

         (e)   Articulate facades to produce shadows through wall setbacks, recessed openings, porches, verandas, moderate overhangs, decks, balconies, and projecting windows;

         (f)   Not exceed the minimum roof slope standards of the International Residential Code, as adopted by the town and avoid extended horizontal rooflines exceeding 40 feet; and

         (g)   Provide at least 200 cubic feet of enclosed, lockable private storage space for each dwelling unit, separate from the space required for off-street parking, with a minimum horizontal dimension of four feet.

         (a)   Twenty-eight and one-half feet on the upslope of a lot;

         (b)   Thirty-five feet on the downslope of a lot;

         (c)   Twenty-four feet within 20 feet of a front property line on an upslope lot; and

         (d)   Twenty-four feet at a rear setback line, measured to the adjacent natural or finished grade, whichever is lower.

         (e)   One foot of additional building height in the front and the rear is allowed if the portion of the building above the 24-foot height limit is setback one foot.

         (f)   The maximum height for accessory dwelling units is established by Chapter 17.048.

         (a)   The subdivision map shall specify the location of each zero-lot line house on a hillside cluster development lot.

         (b)   If the side wall of a house is five feet or less from the property line, windows or other openings for habitable rooms that allow visibility into adjacent yards are prohibited. However, windows and openings that do not allow visibility into adjacent yards, such as a translucent window, are allowed.

         (c)   To allow design flexibility, structures may encroach into a required setback for 25 percent of the building length a distance not more than one half of the reguired yard or setback, if approved by the Planning Commission through design review, provided there is a compensating increase in the opposing setback (a five-foot reduction in a front yard setback would increase the rear yard setback by five feet).

      (13)   A public access easement (or other development restriction that is approved by the Town Attorney) shall be used to establish new trails and trail connections to existing trails and public sidewalks to provide public access through open space parcels. The development restriction that runs with the land shall be recorded in the Marin County Recorder's Office.

         (a)   One guest parking space conveniently placed relative to the dwelling unit shall be provided for every five units. The Planning Commission, may approve:

            1.   A reduction in order to minimize grading or avoid tree removal.

            2.   Allow for parking to be provided on-street in parking bays meeting the standards for parking on narrow streets set in § 10.04.060.

         (b)   The Planning Commission may allow one of the required resident parking spaces to be provided off-site in a common parking area that is within 200 feet of the main entrance to the dwelling unit.

         (a)   Revegetate scarred or graded areas.

         (b)   On slopes of 2:1 or greater, select plant materials with deep rooting characteristics that will minimize erosion and reduce surface runoff. Subdividers also shall use a series of low retaining walls, with sub-drain lines, to increase planting areas, where feasible. This will reduce runoff and potential erosion.

         (c)   Use irregular spacing for new plants to achieve a natural appearance on graded slopes. Plant trees along contour lines in undulating groups to create grove effects which blur the distinctive line of the graded slopes, and plant shrubs of varying height between tree strands. Ground covers of native and introduced species are appropriate for slope erosion control.

         (d)   Submit a landscape documentation package that complies with the standards of the Model Water Efficient Landscape Ordinance which applies to all new residential development with 500 square feet or more of landscape area. If the total landscaped area is 2,500 square feet or less, an applicant may use the prescriptive compliance option provided in Appendix D of the Model Ordinance to streamline the review process. Under this option, turf shall not exceed 25 percent of the landscape area.

(Prior Code, § 17.38.090) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991; Am. Ord. 886, passed 1-24-2024)

   (A)    An application for a hill area residential development permit shall be acted upon by the Planning Commission within 180 days of the date the application is considered complete by the town unless a shorter approval timeframe is established by state law (see Chapters 17.026 and 17.027).

   (B)   As a condition of approval, the Planning Commission may change the location and configuration of lots and building sites to ensure compliance with objective standards and minimize grading, preserve public views of scenic corridors, reduce hazards to adjacent property, ensure adequate emergency ingress and egress, or conserve environmental resources.

   (C)   An application shall be “deemed approved” under state law for failure to comply with required timeframes for approval.

(Prior Code, § 17.38.100) (Ord. 352, passed - -1973; Am. Ord. 886, passed 1-24-2024)

   (A)    The proposed development is consistent with the General Plan, other adopted codes, subdivision standards established in Title 16, objective zoning standards, and objective development and design standards, and policies of the town and is consistent with the purpose and intent of this title;

   (B)   The site planning preserves identified natural features;

   (C)   Based on the soils report finding, the site can be developed without geologic, hydrologic or seismic hazards;

   (D)   Vehicular access and parking meet the requirements of Chapter 17.052 as modified by this chapter, Title 10, Title 12, and Title 16; and

   (E)   The proposed development harmonizes with the surrounding residential development, meets the design review criteria of Chapter 17.020, does not result in the deterioration of significant view corridors under the objective criteria established in Chapter 17.060, and if a low impact clustered residential development is proposed, the standards of § 17.072.090 (H) have been met.

(Prior Code, § 17.38.110) (Ord. 352, passed - -1973; Am. Ord. 886, passed 1-24-2024)

   Notwithstanding any other provisions of this chapter , any hill area residential development permit shall comply with § 17.040.110 (“Permit Time Limits and Extensions”) of Chapter 17.040 (“General Zone Regulations”).

(Prior Code, §§ 17.38.140, 17.38.150) (Ord. 352, passed - -1973; Ord. 837, passed 10-2-2019)