Fairfax City Zoning Code
CHAPTER 17
138: REGULATIONS APPLYING IN MULTIPLE ZONING DISTRICTS
§ 17.138.200 PURPOSE.
The purpose of the subchapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The Article encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the Town, and expanding the ability of property owners to install solar energy systems. The subchapter allows the town to achieve these goals while protecting the public health and safety.
(Ord. 794, passed 10-7-2015)
§ 17.138.210 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTRONIC SUBMITTAL. The submission of materials via electronic mail.
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM. In accordance with Cal. Gov’t Code § 65850.5, a solar energy system that meets all of the following:
(1) Is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal;
(2) Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the town, and all state and Town health and safety standards;
(3) Conforms to all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability;
(4) Is installed on a single or duplex family dwelling; and
(5) The panel or module array does not exceed the maximum legal building height as defined by the town.
SOLAR ENERGY SYSTEM. As defined in Cal. Civil Code § 801.5(a)(1) and (2), as such section or subdivision may be amended, renumbered, or redesignated from time to time.
SPECIFIC, ADVERSE IMPACT. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(Ord. 794, passed 10-7-2015)
§ 17.138.220 APPLICABILITY.
(A) This subchapter applies to the permitting of all small residential rooftop solar energy systems in the Town of Fairfax.
(B) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this subchapter are not subject to the requirements of this subchapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.
(Ord. 794, passed 10-7-2015)
§ 17.138.230 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM REQUIREMENTS.
A small residential rooftop solar energy system, as defined in this subchapter, shall meet the following requirements:
(A) All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the town, and the Ross Valley Fire District.
(B) Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
(C) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(Ord. 794, passed 10-7-2015)
§ 17.138.240 APPLICANT OBLIGATIONS.
Prior to submitting an application, the applicant shall:
(A) Verify, to the applicant’s reasonable satisfaction, through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
(B) At the applicant’s cost, verify to the applicant’s reasonable satisfaction, using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.
(Ord. 794, passed 10-7-2015)
§ 17.138.250 PROCESSING OF SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM APPLICATIONS.
(A) All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible town website.
(B) Electronic submittal of the required permit application and documents shall be made available to all small residential rooftop solar energy system permit applicants.
(C) An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
(D) The town shall adopt an administrative, nondiscretionary expedited review process for small residential rooftop solar energy systems, which shall include standard plan(s) and checklist(s). The checklist(s) shall set forth all requirements with which small residential rooftop solar energy systems must comply with to be eligible for expedited review. These materials may be adopted or amended by Resolution of the Town Council.
(E) The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall
substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.
(F) All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Cal. Gov’t Code §§ 65850.55, 66015, and 66016, as well as Cal. Health and Safety Code § 17951.
(Ord. 794, passed 10-7-2015)
§ 17.138.260 APPLICATION REVIEW.
(A) The Planning and Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems subject to this subchapter.
(B) An application that town staff determines satisfies the information requirements contained in the town’s checklist(s) for expedited small residential rooftop solar system processing, including complete supporting documents, shall be deemed complete.
(C) If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
(D) After town staff deems an application complete, Town staff shall review the application to determine whether the application meets local, state, and federal health and safety requirements.
(E) The Planning and Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications of receipt of a complete application that meets the requirements of the approved checklist and standard plan, as well as all local, state, and federal health and safety requirements.
(F) The Building Official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Planning Commission.
(1) Notwithstanding any other provision of the Fairfax Town Code to the contrary, the Building Official is authorized to issue use permits for small residential rooftop solar energy systems. A public hearing on the application for the use permit shall be held and notice of the same shall be provided as set forth in § 17.032.050 of the Town Code.
(2) If a use permit is required, the Building Official may deny an application for the use permit only if the Building Official makes written findings, based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for satisfactorily mitigating or avoiding the adverse impact. Any such decision may be appealed to the Planning Commission.
(a) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective
method, condition, or mitigation imposed by the town on another similarly situated application in a prior successful application for a permit.
(b) The town shall use its best efforts to ensure that the selected method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance in excess of the following:
1. For solar domestic water heating systems or solar swimming pool heating systems: an amount exceeding 10% of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed.
2. For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed.
(3) The town shall not condition approval of an application on the approval of an association, as defined in Cal. Civil Code § 4080. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(Ord. 794, passed 10-7-2015)
§ 17.138.270 INSPECTIONS.
(A) Only one inspection shall be required and performed by the Planning and Building Department for small residential rooftop solar energy systems eligible for expedited review.
(B) The inspection shall be done in a timely manner.
(C) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this subchapter.
(Ord. 794, passed 10-7-2015)
§ 17.138.310 PURPOSE.
The purpose of this article is to establish objective standards for specific residential uses and activities that are permitted in several zoning districts to ensure that protection required by state and federal law is provided. These provisions are intended to minimize the impacts of these uses and activities on surrounding properties and the town at large and to protect the health, safety, and welfare of their occupants and of the general public.
(Ord. 885, passed 11-1-2023)
§ 17.138.320 LOW-BARRIER NAVIGATION CENTERS.
Low barrier navigation centers (LBNCs) shall be located, developed, and operated in compliance with the development standards of the zone where they are located and with the following operational requirements; they are then allowed by right with a zoning permit in areas zoned for multi-family and residential mixed use development.
(A) LBNCs shall comply with the requirements of Cal. Gov't Code § 65660 as follows:
(1) LBNCs shall offer services to connect people to permanent housing through a services plan that identifies services staffing.
(2) LBNCs shall be linked to a coordinated entry system, so that staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. In this context, a “coordinated entry system” means a centralized or coordinated assessment system developed pursuant to § 576.400(d) or § 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as amended, and any related requirements, intended to coordinate participant intake, assessment, and referrals.
(3) LBNCs shall comply with Chapter 6.5 (commencing with § 8255) of Division 8 of the California Welfare and Institutions Code.
(4) LBNCs shall have a working system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by § 578.3 of Title 24 of the Code of Federal Regulations.
(B) The time periods for determining whether an LBNC application is complete and making a decision on a proposed LBNC shall be those set for in Cal Gov't. Code § 65664.
(Ord. 885, passed 11-1-2023)
§ 17.138.330 RESIDENTIAL CARE.
General residential care facilities shall be located, developed, and operated in compliance with the following standards, where allowed by the land use regulations in Chapters 17.076, 17.080, 17.084, 17.088, and 17.090:
(A) Minimum distance from any other residential care facility: 300 feet.
(B) At least 20 square feet of common open space on-site shall be provided for each person who resides in the facility. Common open space shall include landscaped areas and walks and other amenities, such as, patios, swimming pools, barbeque areas, or other such improvements as are appropriate to enhance the outdoor environment of the residential care facility for its residents and visitors. Landscaped courtyard entries that are oriented towards the public street which create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items shall be developed as common areas with the types of attributes described above.
(1) Minimum horizontal dimension: 15 feet
(2) Usability: a surface shall be provided that provides for convenient use for outdoor living and/or recreation.
(C) At least 15 percent of the common open space shall be shaded for seating areas. Such shading may be provided by canopy trees or shade structures.
(Ord. 885, passed 11-1-2023)
§ 17.138.340 SUPPORTIVE HOUSING.
Supportive housing shall be located, developed, and operated in compliance with the following standards, where allowed by the land use regulations in Chapters 17.076, 17.080, 17.084, 17.088, and 17.090:
(A) Supportive housing shall only be subject to the development standards that apply to other residential uses in the zone where such housing is proposed. The maximum number of allowable dwelling units or guest rooms for supportive housing shall be the same as the number allowed for residential development projects in the zone where the supportive housing project is proposed unless a density bonus is granted under Chapter 17.050 or the land use regulations for specific zone specify another limit.
(B) Supportive housing may be provided in a multiple-unit structure or group residential facility.
(C) Only a zoning permit and design review is required for supportive housing projects.
(D) Applicants shall comply with all federal and California state licensing requirements and applicable building codes and fire codes, including maximum occupancy restrictions. No limits shall be established on the length of stay.
(E) Supportive housing facilities shall have the minimum amount of living space that meets the standards for an efficiency unit, shower and toilet facilities, laundry facilities, and secure storage areas for intended residents.
(F) Recreation rooms at least 600 square feet in area for a development of 16 or more dwelling units or guest rooms, or at least 400 square feet in area for a development of fewer than 16 dwelling units or guest rooms, may qualify as common open space, but shall not qualify for more than 40 percent of the total required open space.
(G) At least 90 square feet of space shall be provided as office space for on-site supportive services, which may include counseling, access to social services, medical and mental health care, housing and employment opportunities. Supportive services provided on-site are considered an accessory use and not subject to any additional standards or permitting requirements.
(Ord. 885, passed 11-1-2023)
§ 17.138.350 TRANSITIONAL HOUSING.
(A) Transitional housing shall only be subject to the development standards that apply to other residential uses in the zone where such housing is proposed. The maximum number of allowable dwelling units for transitional housing shall be the same as number allowed for residential development projects in the zone where the transitional housing project is proposed unless a density bonus is granted under Chapter 17.050 or the land or the land use regulations for specific zone specify another limit.
(B) Transitional housing may be provided in a variety of rental housing types (e.g., multiple-unit dwelling, single-room occupancy, group residential, or single unit dwelling).
(C) Transitional housing providing accommodations for six or fewer individuals shall be deemed a single-family use; only a zoning permit and design review is required.
(D) Transitional housing providing accommodations for more than six individuals also is a permitted use in zones where multi-family and mixed use development is allowed and shall require a zoning permit and design review.
(E) No individual or family shall reside in transitional housing for more than 24 months. A minimum of 60 days shall be required between stays. The operator of the transitional housing shall maintain adequate documentation to demonstrate compliance with this provision.
(F) Applicants shall comply with all federal and California state licensing requirements and applicable building codes and fire codes, including maximum occupancy restrictions.
(G) Transitional housing facilities shall have the minimum amount of living space that meets the standards for an efficiency unit, shower and toilet facilities, laundry facilities, and secure storage areas for intended residents.
(H) Transitional housing may include office space for on-site supportive services, such as counseling, access to social services, medical and mental health care, housing and employment opportunities. On-site supportive services are considered an accessory use and not subject to any additional standards or permitting requirements.
(Ord. 885, passed 11-1-2023)
§ 17.138.410 PURPOSE.
The purpose of this article is to establish objective development standards for multi-family housing to determine compliance with design criteria. These standards are intended to implement the General Plan and ensure that the desired character and land use compatibility for multi-family housing developments are achieved.
(Ord. 885, passed 11-1-2023)
§ 17.138.420 REQUIRED SIDE AND REAR SETBACKS FOR DWELLING UNITS.
In order to provide light and air for multi-family living units and additional separation for rooms that contain areas that require additional privacy considerations, the following minimum setbacks shall apply to any building wall containing windows and facing an interior side or rear yard. The required setbacks apply to that portion of the building wall containing and extending three feet on either side of any window.
(A) For any wall containing living room or other primary room windows, a setback of at least 15 feet shall be provided.
(B) For any wall containing sleeping room windows, a setback of at least ten feet shall be provided.
(C) For all other walls containing windows, a setback of at least five feet shall be provided.
(Ord. 885, passed 11-1-2023)
§ 17.138.430 BUILDING MASS AND SCALE.
(A) To reduce upper-story building mass, floorplates for the third story and above shall not exceed 80 percent of the ground-floor floorplate. The Planning Director may waive this requirement under the authority established in Chapter 17.044 upon finding the architectural articulation of exterior walls and a sloped roof modulates the visual mass of the top of the building and avoids the appearance of a box-like structure.
(B) Buildings that are more than 150 feet in length shall include a minimum two-foot vertical variation in height for at least 50 feet.
(Ord. 885, passed 11-1-2023)
§ 17.138.440 BUILDING MATERIALS AND LIGHTING.
(A) A diversity of building materials is allowed provided they are compatible with existing building materials used in the surrounding neighborhood and in high and very-high wildfire hazard areas are fire-resistant. These include wood, composite wood, fiber cement, metal, brick, stone, and stucco. For roofing, asphalt shingles, standing seam metal, terracotta clay barrel tiles and slate are allowed.
(B) Mirrored glass, stony reflective metal, unfinished galvanized metal siding, and plain concrete block are prohibited for use as exterior building materials.
(C) No barbed wire or razor wire shall be used for fencing or screening.
(D) All outdoor lighting except for holiday lighting shall be fully-shielded so as to project against glare and direct light where needed. All entries shall be lighted with low- intensity fixtures to ensure the safety of persons and the security of the building.
(Ord. 885, passed 11-1-2023)
§ 17.138.450 PEDESTRIAN ORIENTATION AND ACCESSIBLE PEDESTRIAN FACILITIES ON DESIGNATED STREETS.
Along Bolinas Road, Broadway, School Street, and Sir Francis Drake Boulevard, all housing development on sites over one acre in size shall incorporate such features as plazas, interior walkways, canopies, arcades, courtyards, ornamental gates, trellises, lighting, plant materials, seating, fountains, or other similar features, as appropriate, to support and enhance pedestrian spaces.
(A) Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.
(B) Clearly marked pedestrian connections shall be provided between parking areas and buildings.
(C) All sidewalks, crosswalks, courts, plazas and residential buildings shall be designed to be safe, accessible, and convenient for individuals of all abilities, whether traveling by foot, wheelchair, or other mobility aid.
(Ord. 885, passed 11-1-2023)
§ 17.138.460 PARKING.
(A) Parking areas are prohibited between the building and primary street edge. On-site parking shall be in the rear half of the site or within a parking structure.
(B) Multi-story parking structures within 25 feet of a street frontage shall be lined with foundation landscaping at the ground floor.
(C) At least ten percent of the parking spaces shall be designed to meet the standards for electric vehicle (EV) charging spaces established in the California Building Code and the California Green Building Standards Code for new multi-family dwellings, which are incorporated by reference.
(D) Building siting and parking design shall maximize opportunities for shared parking, access entries, and driveways in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles.
(E) Whenever possible, vehicle access shall be provided from side streets and alleys to limit the number of driveways along arterial streets.
(Ord. 885, passed 11-1-2023)
§ 17.138.470 LANDSCAPING.
(A) Landscaping may consist of a combination of ground cover materials, shrubs, and trees. Ground cover may include grasses, shrubs, perennials, vines, or other herbaceous or non-herbaceous plants. Ground cover also includes mulch, such as gravel, rock, cinder, bark, or other permeable materials, provided that such materials are fire-resistant. Landscaping may also include incidental features, such as stepping-stones, site furniture, water features, art, or other ornamental features placed within a landscaped setting.
(B) A minimum of 15 percent of the site shall be landscaped, consisting of ground cover plant materials, shrubs, and trees.
(1) In order to conserve water, not more than 50 percent of the landscaped area may be turf.
(2) One tree is required for every 1,000 square feet of lot area.
(3) Waivers of these standards may be requested under Chapter 17.044.
(C) Any plant that is not specifically prohibited may be selected for landscaping. Criteria for selection of plants shall include:
(1) Protection and preservation of native species and natural vegetation;
(2) Fire-resistance;
(3) Drought-tolerance;
(4) Local climate suitability, disease and pest resistance; and
(5) Selection of trees based on size at maturity as appropriate for the planting area.
(D) A landscape documentation package shall be provided with the development application that complies with the standards of the “Model Water Efficient Landscape Ordinance” (MWELO) adopted by the Cal. Dept. of Water Resources in Chapter 2.7 of Div. 2 of Title 23 of the Cal. Code of Regulations, which is hereby adopted by reference and shall apply the MWELO to all new residential development projects 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 MWELO to streamline the review process. Under this option, turf shall not exceed 25 percent of the landscape area.
(E) To conserve water, the town has set a performance requirement that estimated total water use for landscape plans subject to the MWELO shall be at least ten percent lower than the maximum applied water allowance established by the MWELO unless a waiver is granted under Chapter 17.044.
(F) A signed certificate of compliance, in the form required by the Planning Director, shall be submitted to the town upon completion of a landscape installation. The Director shall approve or deny the certificate within ten days of receipt. If the certificate is denied, the Director shall notify the applicant of the deficiencies and the appeal procedures. A landscape irrigation audit conducted by a third party certified by the town also may be required to be submitted with the certificate of compliance.
(G) Along street frontages, at least 50 percent of the required setback shall be landscaped.
(H) All landscaping shall comply with the water conservation and dry year water use use reduction program and related water conservation measures of the Marin Municipal Water District (MMWD) in Chapter 13.02 of the MMWD Code.
(I) Within the Wildland-Urban Interface zone, all landscaping is subject to vegetation management; see Article VI (§§ 17.138.600 through 17.138.620) of this chapter for details.
(J) Street trees shall be included along all street frontages with multi-family housing development. Trees shall be selected shall be approved by the Planning Director prior to installation. Trees selected shall not include trees listed in the Town of Fairfax Municipal Code, Chapter 8.36 Trees that are “Undesirable Trees Species”.
(K) Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space. Walkways shall be hard-surfaced and at least four feet wide.
(Ord. 885, passed 11-1-2023)
§ 17.138.480 BUFFERING AND SCREENING.
(A) A ten-foot wide landscaped buffer yard shall be provided wherever a multi-family housing development abuts a single-family residential use. This buffer shall include for each 100 lineal feet or fraction thereof at least two canopy trees that will be at least 40 feet high at maturity or three canopy trees with a lower height at maturity and six shrubs with a mature height of two feet or more. If an equivalent landscape buffer exists on the adjacent lot, the width of the required buffer may be reduced by 50 percent.
(B) All exterior mechanical equipment, whether on a roof, on the side of a structure, or located on the ground, shall be screened from public view. Exterior mechanical equipment to be screened includes, without limitation, heating, ventilation, air conditioning, refrigeration equipment, plumbing lines, ductwork, transformers, smoke exhaust fans, water meters, backflow preventers, service entry section, and similar utility devices.
(C) Screening shall be architecturally integrated into the main structure with regard to materials, color, shape, and size to appear as an integral part of the building or structure.
(D) Equipment shall be screened on all sides, and screening materials shall be opaque. The use of wood, expanded metal lath, and chain link for the purpose of screening is prohibited.
(E) When screening with plants, evergreen types of vegetation shall be planted and maintained. Plant material sizes and types shall be selected and installed so that, at the time of building occupancy, such plants effectively screen their respective equipment.
(F) Whenever feasible, roof-mounted equipment screening shall be constructed as an encompassing monolithic unit or a series of architecturally similar screening units on large roofs, rather than as several individual screens (i.e., multiple equipment screens, or “hats,” surrounding individual elements will not be permitted). The height of the screening element shall equal or exceed the height of the structure's tallest piece of installed equipment.
(G) Ground-mounted equipment that faces a street shall be screened to a height of 12 inches above the equipment, unless such screening conflicts with utility access, in which case reasonable accommodation shall be allowed. Acceptable screening devices consist of decorative walls and/or berms (3:1 maximum slope) with supplemental plant materials, including trees, shrubs, and groundcovers. For screen walls that are three feet high or lower, vegetative materials may be substituted for 50 percent of the screening device. This requirement does not apply to incidental equipment in the interior of a lot that is not visible from a public street.
(H) Wall-mounted equipment, including, without limitation, electrical meters, electrical distribution cabinets, service entry sections, and valves and cabinets that face a public street and are not recessed and/or separated from the street by intervening building(s) or walls or gates, shall be screened. Screening devices shall incorporate elements of the building design (e.g. shape, color, texture and material). For screen walls that are three feet in height or lower, vegetative materials may be substituted for 50 percent of the screening device. This requirement does not apply to fire-related elements.
(Ord. 885, passed 11-1-2023)
§ 17.138.500 PURPOSE.
The purpose of this article is to establish objective development standards for manufactured housing and tiny houses. These standards are intended to implement the General Plan and ensure land use compatibility for these housing types, consistent with federal and State law.
(Ord. 885, passed 11-1-2023)
§ 17.138.510 MANUFACTURED HOUSING.
Manufactured homes may be located, developed, and operated in compliance with the following standards. Manufactured homes are permitted by right wherever single family dwelling are allowed under the provisions of Chapters 17.076, 17.080, 17.084, 17.116, and 17.124, provided that all of the development standards that apply to a single family dwelling are met.
(A) A manufactured home shall be certified under the standards set forth in the National Manufactured Housing Construction and Safety Standards Act of 1976, as amended, at the time of any application for placement of such manufactured home.
(B) The manufactured home shall be placed on a permanent foundation in accordance with the standards set forth in the town’s construction codes.
(C) No more than ten years may elapse between the date of the manufacture of the manufactured home and the date of the application for issuance of a permit to install a home on a lot in the town.
(D) Each manufactured home shall be provided permanent hookups for electricity, gas, water, and sewer connections in the same manner applicable to permanent buildings. Gas shutoff valves, meters, and regulators shall not be located beneath the manufactured home, in compliance with the requirements of the town's construction codes for comparable residential structures.
(Ord. 885, passed 11-1-2023)
§ 17.138.520 TINY HOUSES.
Tiny houses may be located, developed, and operated in compliance with the following standards. Manufactured homes and tiny houses are permitted by right wherever single family dwelling are allowed under the provisions of Chapters 17.076, 17.080, 17.084, 17.116, and 17.124, provided that all of the development standards that apply to a single family dwelling are met.
(A) Maximum floor area: 400 square feet, excluding loft area.
(B) Minimum ceiling height: six ft. eight inches (not required for lofts).
(C) Minimum dimensions for lofts (defined as a floor level located more than 30 inches above the main floor used as a living or sleeping space): five feet in any horizontal dimension and 35 square feet in floor area. Portions of a loft with a sloped ceiling measuring less than three feet above the finished floor of the loft shall not be considered as contributing to the minimum floor area for a loft. No loft shall exceed 150 square feet in floor area.
(D) Construction standards. A tiny house shall comply with the standards for construction, loft access and egress, energy conservation, landings and landing platforms, handrails, stairway guards, ladders, and emergency escape and rescue opening platforms established in Appendix Q (Tiny Houses) of the International Residential Code as amended, which are hereby incorporated by reference.
(Ord. 885, passed 11-1-2023)
§ 17.138.600 PURPOSE.
The purpose of this article is to supplement amendments of the International Wildland Urban Interface Code (IWUIC), as adopted by the town in § 8.04.100, to ensure adequate fire protection for housing development.
(Ord. 885, passed 11-1-2023)
§ 17.138.610 VEGETATION MANAGEMENT PLAN REQUIRED.
A vegetation management plan (VMP) meeting the required of § 406 of the IWUIC, as adopted by the town, shall be submitted to the Planning Director for review and approval as part of any application for housing development in the Wildland Urban Interface Zone. In addition to the requirements of § 406, the VMP shall include:
(A) A copy of the site plan with all existing and proposed planting identified, including whether the plants are fire-resistant or fire-prone according to classifications available from FireSafe Marin.
(B) Methods and timetables for controlling, changing, or modifying plant materials on the site to create defensible space, as required by § 603 of the IWUIC and Cal. Gov't Code § 51182.1 and to reduce fire hazards as required by § 8.06.011.
(1) Trees are allowed within the defensible space, provided the horizontal distance between crowns of adjacent trees and crowns of trees and structures, overhead electrical facilities or unmodified fuel is not less than ten feet. Deadwood and litter shall be regularly removed from trees.
(2) Where ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants are used as ground cover, they are allowed to be within the designated defensible space, provided they do not form a means of transmitting fire from the native growth to any structure.
(Ord. 885, passed 11-1-2023)
§ 17.138.620 GUIDELINES AND CHECKLISTS.
The Planning Director shall maintain and make available to applicants on request fire hazard reduction guidelines and checklists for defensible space zones around residences based on information available from FireSafe Marin, Ross Valley Fire Department, and other public agencies.
(Ord. 885, passed 11-1-2023)