Fairfax City Zoning Code

CHAPTER 17

116: SF-RMP SINGLE-FAMILY RESIDENTIAL MASTER PLANNED DISTRICT

§ 17.116.010 PURPOSE.

(A) The purpose of the single-family residential master planned district is to allow development of single-family detached units to be designed without the confines of specific yard requirements in areas where the amenities resulting from this flexibility in design will enhance the environmental quality or benefit the public welfare, and to protect future development in geologic, hydrologic or fire hazard areas.

(B) A further purpose of this district is to implement large lot zoning for lands shown in the General Plan with a density range of one unit per one acre to one unit per ten acres.

(Prior Code, § 17.60.010) (Ord. 352, passed - -1973; Am. Ord. 492, passed - -1982)

§ 17.116.020 DIVISION OF PROPERTY.

(A) No real property zoned SF-RMP shall be divided so as to create a parcel of less than ten contiguous acres unless and until the subdivision is permitted under a planned development which has been approved pursuant to this chapter.

(B) All structures, physical improvements and modifications involving soil or drainage modifications that fall into any of the categories listed in § 17.072.020 are subject to the Hill Area residential development permit requirements.

(Prior Code, § 17.60.020) (Ord. 352, passed - -1973; Am. Ord. 845, passed 2-5-2020)

§ 17.116.030 USES PERMITTED OUTRIGHT.

The following uses are permitted in the SF-RMP district without planned district approval as required in this chapter:

(A) Agriculture;

(B) One single-family dwelling on any single holding land zoned SF RMP;

(D) Small family day care; and

(E) Limited residential care.

(Prior Code, § 17.60.030) (Ord. 352, passed - -1973; Am. Ord. 885, passed 11-1-2023)

§ 17.116.040 PRINCIPAL PERMITTED USES.

The following uses in the SF-RMP district are subject to planned district approval:

(A) On each legal building site, as determined by the town, either one residential second unit (in addition to the allowed density) or one junior second unit, either of which must be approved in accordance with the procedures and standards in Chapter 17.048 of this title;

(B) Public and private stables and riding academies;

(C) Sale of agricultural products on the premises; provided that, no building or structure shall be erected or maintained primarily for any such sale, except that a temporary shelter may be erected for the sale;

(D) The grazing or breeding of cattle, sheep or horses is allowed subject to the following provisions:

(1) One grazing animal per acre will be allowed, or such number as determined by the Marin County farm advisor that can be supported by the range; and

(2) Corral and stable areas shall conform to the standards in this code.

(E) Public or quasi-public buildings and uses of an educational, cultural or public service type, not including corporation yards, storage or repair yards, warehouses or similar uses;

(F) Temporary tract offices;

(G) Public and private non-profit recreation areas and facilities, such as country clubs, golf courses and swimming pools;

(H) Public utility buildings, structures or facilities, except transmission lines;

(I) Living quarters of persons regularly employed on the premises;

(J) Large family day care, subject to the standards of Chapter 17.138; and

(K) Other uses which are determined by the Planning Commission to be of the same general character of those enumerated in this section.

(Prior Code, § 17.60.040) (Ord. 352, passed - -1973; Am. Ord. 509, passed - -1983; Am. Ord. 538, passed - -1985; Am. Ord. 800, passed 2-3-2016; Am. Ord. 810, passed 11-1-2017; Am. Ord. 885, passed 11-1-2023)

§ 17.116.050 ACCESSORY USES.

The following uses in the SF-RMP district are subject to planned district approval as part of a planned district application:

(A) Home occupations;

(B) Cabanas, greenhouses, patios, lath houses, toolsheds, playhouses, barbecue pits, fences, walkways, hedges and similar improvements and appurtenances;

(C) Private garages, parking spaces and swimming pools for the exclusive use of the residents of the premises and their guests; and

(D) One residential accessory dwelling unit or junior accessory dwelling unit per lot when approved in accordance with procedures and standards in Chapter 17.048 of this title; provided that, for all units established after September 8, 1983, the owner(s) of record maintain their principal residence on the same parcel unless an exception to this residency requirement is granted pursuant to this Chapter 17.116.

(Prior Code, § 17.60.050) (Ord. 352, passed - -1973; Am. Ord. 810, passed 11-1-2017)

§ 17.116.060 DESIGN STANDARDS.

The following requirements for site preparation, design and use of the project shall be imposed in the SF-RMP district as necessary to implement the goals and policies of the Fairfax General Plan.

(A) The minimum area required for a planned development shall be four acres of contiguous property unless the Planning Commission finds that property of less than four acres is suitable for planned development in accordance with all the provisions of this chapter.

(B) Where contiguous properties proposed for a planned development in accordance with the provisions of this chapter are under separate ownership, written consent of all participating property owners shall be filed with the Planning Director before any application for a planned development can be accepted by the town.

(C) (1) All projects must conform to the adopted Fairfax General Plan or to any accepted specific plan applicable to the area under consideration.

(2) A density shall be set, at the time the zoning is established, which is consistent with limitations imposed by site conditions, including natural resources, topographic and geological conditions, and the level of public services and road conditions that can reasonably be provided.

(3) The Planning Commission shall consider the following criteria in setting density:

(a) Extent of lands which are hazardous to life and property due to soils, geological, seismic or hydrological factors unless the hazards can be mitigated by minor modifications to existing land forms and vegetation; (These determinations must be based on the analysis of a licensed engineering geologist and/or civil engineer specializing in soils problems and hydrology.)

(b) The number of safe building sites which exist on the property; and

(4) (a) Density shall be set for gross acreage. Hazardous lands may be excluded from the building area, but will be included in the calculation of gross density per acre.

(b) In cases where a portion of the property falls within two different categories in the General Plan, the Planning Commission shall determine an aggregate density based on the percentage of gross acreage in each category.

(Prior Code, § 17.60.060) (Ord. 352, passed - -1973; Am. Ord. 492, passed - -1982)

§ 17.116.070 SITE PREPARATION.

The following site preparation provisions apply in the SF RMP district:

(A) Projects must comply with the town’s Fire Code.

(B) Projects must comply with the excavation and grading provisions of this code.

(C) Projects shall be designed to minimize disruption of existing ecosystems. Removal, changes or construction which will destroy important or rare vegetation and/or wildlife habitats shall be avoided.

(1) Projects must comply with the tree removal permit as required by this code.

(2) In areas of diverse wildlife habitat as delineated on the General Plan Wildlife Habitat and Diversity Map, disruption of trees, shrubs and natural vegetative cover shall be minimized.

(3) The project must comply with § 17.040.040 of this title relating to setbacks near creeks.

(D) All developments should be designed and located to conserve energy resources. The efforts might include, but are not limited to the clustering or location of development to reduce driving time and structural designs which maximize use of solar energy and reduce the use of electricity and fossil fuels.

(E) The project must comply with Chapter 17.060, Ridgeline Development.

(F) (1) Roads shall be designed to meet the requirements set forth in the subdivision ordinance and the Fire Code.

(2) Off-street parking shall conform to the provisions of Chapter 17.052 of this title. The Planning Commission may require parking areas to accommodate public and guest parking in addition to off-street parking for dwelling units.

(3) Bikeways, sidewalks and trails shall be provided within the project development when determined to be essential by the Planning Commission.

(4) Project shall allow public reasonable access to significant environmental resource areas such as watercourses, ridgelines, open spaces, parks or other areas so designated by the Town Council.

(5) Any lands whose sole means of access is via existing residential streets shall be limited to densities which will not produce substantial increases in traffic volumes above the capacity of the streets. Traffic volumes exceeding 20 percent of the capacity shall generally be considered substantial. The aggregate densities of the other undeveloped parcels in the area will be considered. The 20 percent level shall be used as a general guideline and is intended to minimize adverse traffic impacts on existing neighborhood traffic volumes depending upon the particular impact as may be identified in any environmental impact report prepared for the planned development.

(Prior Code, § 17.60.070) (Ord. 352, passed - -1973)

§ 17.116.080 PROJECT DESIGN.

The following project design requirements apply in the SF RMP district.

(A) Generally, buildings should be clustered in the most accessible, least visually prominent, and most geologically stable portion or portions of the site, consistent with the need for privacy to minimize visual and sound intrusion into each unit’s indoor and outdoor living area from other living areas. Clustering is especially important on open grassy hillsides. A greater dispersal of buildings may be preferable on wooded hillsides to save trees. The prominence of construction can be minimized by such devices as placing buildings so that they will be screened by wooded areas, rock outcroppings and depressions in the topography.

(B) Land to be preserved as open space may be dedicated by fee title to the town or county prior to issuance of any construction permit, or may remain in private ownership with appropriate scenic and/or open space easements in perpetuity; and the town may require reasonable public access to public land across those lands remaining in private ownership.

(C) The town or other designated public jurisdiction will maintain all open space lands accepted in fee title. Where open space lands remain in private ownership with scenic easements, these lands shall be maintained in accordance with the adopted rules of the town and may require the creation of a homeowners’ association or other organization for the maintenance of these private open space lands where appropriate.

(D) Uses in open space areas shall be in accordance with policies of the adopted open space element. Generally, uses shall be compatible with the natural environment. Pedestrian and equestrian access shall be provided where possible and reasonable.

(E) No part of a building shall exceed 35 feet in height above natural grade and no accessory building shall exceed 15 feet in height above natural grade.

(F) Materials and colors shall blend into the natural environment unobtrusively, to the greatest extent possible.

(G) Landscaping shall minimally disturb natural areas, including open areas, and be compatible with native plant settings. Fire protection and minimal water use shall be considered in landscaping plans. The Planning Commission shall have the authority to impose height restrictions on planting materials.

(Prior Code, § 17.60.080) (Ord. 352, passed - -1973)

§ 17.116.090 MASTER PLAN.

(A) The applicant shall submit to the Planning Commission an application for approval of a master plan for the entire area of a proposed planned development.

(B) The Planning Commission shall hold a public hearing on the application, after giving notice thereof, pursuant to the provisions of § 17.02.070 of this title. Approval of the master plan shall establish the location and design of circulation elements, lotting patterns, buildings, utilities, landscaping and open space.

(Prior Code, § 17.60.090) (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994)

§ 17.116.100 MASTER PLAN; DEVELOPMENT APPLICATION.

(A) The application shall consist of:

(1) Completed application and fee; and

(2) Twelve copies of plans containing all information specified in § 17.112.060, master development plan, PDD zone.

(B) The Planning Commission reserves the right to request additional information not included in this list which would facilitate a complete and comprehensive evaluation of the development proposal.

(Prior Code, § 17.60.100) (Ord. 352, passed - -1973)

§ 17.116.110 MASTER PLAN; REQUIRED FINDINGS FOR APPROVAL.

The Planning Commission shall approve the master plan if it makes the following findings.

(A) The master plan is consistent with the General Plan.

(B) The circulation system is appropriate for the site and provides:

(1) Emergency vehicular access;

(2) Adequate parking; and

(3) Proposed densities will not generate traffic in such amounts as to substantially overload the street network outside the development as set forth in § 17.116.070(F)(5).

(1) Harmonize with surrounding residential development;

(2) Respond to and complement the natural character of the area; and

(3) Provide reasonable privacy for residents of the development and existing and/or future residents of abutting properties.

(D) Proposed landscaping utilizes native plant materials or other material which is similar to and compatible with native plant material. Use of a highly flammable or extremely water-consumptive material is minimized.

(E) Proposed utilities and other utilities are adequate and other public improvements are adequate for the population densities proposed.

(F) Grading will not significantly alter the character of or adversely affect view to the site.

(G) The proposed development is planned compatibly and in coordination with the surrounding area.

(Prior Code, § 17.60.110) (Ord. 352, passed - -1973)

§ 17.116.120 MASTER PLAN; MODIFICATION.

Minor changes to an approved master plan may be accepted by the Planning Commission provided the change is determined to be consistent with the purposes and character of the master plan. The changes shall not change the densities heretofore established nor the boundaries of the subject property, nor any use shown on the approved master plan, nor the location or amounts of land devoted to specific land uses. All modifications or amendments to an approved plan other than the minor changes shall be processed as an original application and shall be subject to all applicable substantive and procedural requirements of the master plan procedure.

(Prior Code, § 17.60.120) (Ord. 352, passed - -1973)

§ 17.116.130 MASTER PLAN; ACTION BY TOWN COUNCIL.

(A) Within 30 days following the completion of its hearing thereon, the Planning Commission shall report its recommendations regarding the master plan application to the Town Council for final action. The Town Council shall conduct a public hearing after giving notice pursuant to the provisions of § 17.004.070 of this title. The decision of the Town Council shall be final.

(B) The Town Council may approve, approve with conditions, or deny the master plan for the proposed planned development. Approval of the master plan by the Town Council shall be by resolution, which shall include, but not be limited to the following stipulations:

(1) The development, maintenance and use of the property included within the scope of the master plan shall be carried on in conformance with the approved master plan drawings and documents and this chapter.

(2) The approved master plan drawings and documents shall be filed with the office of the Town Clerk after written authorization for the filing has been secured from the owner(s) of the lands involved. The authorization shall be construed to constitute the owner’s acceptance of the provisions set forth in the resolution.

(C) No building shall be constructed, maintained or used, nor shall any land be developed or used, except as permitted by the approved master plan drawings and documents as filed.

(Prior Code, § 17.60.130) (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994)

§ 17.116.140 PRECISE DEVELOPMENT PLAN APPROVAL.

(A) Following adoption of a master plan, no development, improvement or building construction within the planned development area covered by the adopted master plan shall be commenced until the Planning Commission has approved a precise development plan for the entire planned development. The application for the precise development plan shall conform to the requirements under § 17.112.120, precise development plan, PDD zone.

(B) Within 60 days following receipt of the application for precise development plan approval, the Planning Commission shall schedule a public hearing to consider the precise development plan in the same manner as provided for in Chapter 17.032 for conditional use permits.

(C) The Planning Commission shall approve, approve conditionally or disapprove the proposed precise development plan and shall notify the applicant in writing.

(D) Planning Commission approval of a precise development plan shall become null and void unless action is taken to file a tentative subdivision map on property covered by the precise development plan within one year after approval of the precise development plan.

(Prior Code, § 17.60.140) (Ord. 352, passed - -1973)

§ 17.116.150 SPECIAL REGULATIONS.

In addition to the other requirements governing single-family residential master planned districts, the following shall apply.

(A) Major changes in an approved master plan of a planned development shall be required to be made in accordance with the provisions of this chapter.

(B) Failure on the part of the applicant to submit a precise development plan within one year of a master plan approval by the Town Council, or failure to record a final subdivision map to effectuate an approved single-family residential master planned precise development plan for a planned development within two years after the master plan approval by the Town Council, shall render null and void the actions taken by the Planning Commission and Town Council.

(C) Application for approval of a planned development in accordance with the provisions of this chapter shall be made by the owner(s) of the land involved, or any agent thereof, on forms prescribed by the town, and shall be accompanied by fees to be established by resolution adopted by the Town Council.

(D) Design review approval is required for all structures. Application maybe made for approval of individual residences or for the entire project as a unit.

(Prior Code, § 17.60.150) (Ord. 352, passed - -1973)

§ 17.116.160 TRAFFIC IMPACT PERMIT.

The provisions of the traffic impact permit, Chapter 17.056 of this title, are applicable to properties in the SF RMP zoning district.

(Prior Code, § 17.60.160) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986)