LCP-2-MAR-13-0224-1 Part A Marin County Land Use Plan Update California Coastal Commission May 2014

Overview of Presentation County’s local process Introduction to Marin’s coastal zone Discussion of LUP submittal Existing LUP Proposed LUP Suggested modifications for Coastal Act consistency

Local Update Process Marin LCP approved 1982 Current LCP update Three parts: Unit 1 (southern Marin) LUP, Unit 2 (northern Marin) LUP, Implementation Plan Current LCP update Planning Commission: 19 public workshops and 9 public hearings between 2009-2012 Board of Supervisors: 7 public hearings County approval of updated LCP: July 2013

Marin County Coastal Zone 106 miles of coastline 128 square miles (82,168 acres) 53 square miles (33,913 acres) federal land 75 square miles (48,255 acres) County LCP jurisdiction 48 square miles (30,781 acres) Coastal Agricultural Production Zone 23 square miles (15,000 acres) nine coastal villages Dillon Beach, Tomales, East Shore/Marshall, Inverness, Point Reyes Station, Olema, Bolinas, Stinson Beach, Muir Beach

LUP Submittal: Agriculture

LUP Submittal: Agriculture Existing LUP Principally Permitted Land Uses: Agriculture (uses of land to grow and/or produce agricultural commodities for commercial purposes) One single-family dwelling Agricultural accessory structures (including barns, fences, stables, utility facilities) Bed and breakfast facilities of three or fewer guest rooms Conditional Land Uses Farm worker housing Agricultural processing and sales facilities

LUP Submittal: Agriculture Existing LUP Development standards: 60 acre density for dwellings; 1 dwelling per parcel All development subject to approval of a master plan including consistency with following requirements/findings: Development would protect and enhance continued agricultural use and contribute to agricultural viability; All development, including all land converted from agricultural use, such as roads and residences, shall be clustered on no more than 5% of the gross acreage, to the extent feasible; Permanent conservation easements over that portion of the property not used for physical development are required, with only agricultural uses allowed. Master plan requirement can be waived – County indicates it has consistently waived master plan.

LUP Submittal: Agriculture Proposed LUP Principally Permitted Land Uses: Agriculture Uses of land for livestock Production of food and fiber Raising of bees, fish, poultry, fowl Planting/producing agriculture, aquaculture, horticulture, viticulture, vermiculture, forestry, plant nurseries Similar uses Accessory structures or uses One farmhouse, one intergenerational home, agricultural worker housing, limited product processing and sales, educational tours, homestay facilities, barns, fences, stables, corrals, coops Conditional Land Uses Additional agricultural uses Non-agricultural uses including single-family residences

LUP Submittal: Agriculture Proposed LUP Development standards: Intergenerational Homes: New land use allowed for farm owner’s or operator’s immediate family Cannot be divided from agricultural lot Up to two homes allowed, in addition to a farmhouse, subject to 60 acres required for each allowed farmhouse and each intergenerational home 7,000 square foot aggregate size cap for all allowed farmhouses and intergenerational homes

LUP Submittal: Agriculture Suggested Modifications Farmhouse and Intergenerational home=Agricultural Dwelling Unit Must be owned by owner or operator who is actively and directly engaged in agricultural use of the property No more than 7,000 square feet aggregate agricultural dwelling unit size regardless of number of legal lots 27-unit intergenerational home cap throughout coastal zone

LUP Submittal: Agriculture C-AG-5 Agricultural Dwelling Units (Farmhouses, Intergenerational Housing, and Agricultural Worker Housing). Support the preservation of family farms by facilitating multi-generational operation and succession. Agricultural dwelling units may be permitted on C-APZ lands subject to the policies below, as well as any applicable requirement in C-AG-6, 7, 8, and 9, and all other applicable requirements in the LCP. Agricultural dwelling units must be owned by a farmer or operator actively and directly engaged in agricultural use of the property. No more than a combined total of 7,000 sq ft may be used as an agricultural dwelling by the farm owner or operator, whether in a single farmhouse or in a combination of a farmhouse and intergenerational homes(s). Only a single farmhouse or a combination of a farmhouse and intergenerational home(s) with the combined total of 7,000 square feet may be allowed for each farm owner or operator actively and directly engaged in agriculture, regardless of the number of legal lots each farm owner or operator owns. In addition to the farmhouse, up to two additional dwelling units per legal lot may be permitted in the C-APZ designation for members of the farm operator’s or owner’s immediate family. Such iIntergenerational family farm homes may only be occupied by persons authorized by the farm owner or operator, shall not be subdivided from the rest of the primary agricultural legal lot, and shall be consistent with the standards of LCP Policy C-AG-7and the building size limitations of Policy C-AG-9. Such intergenerational homes shall not be subject to the requirement for an Agricultural Production and Stewardship Plan (C-AG-8), or permanent agricultural conservation easement (C-AG-7), nor shall occupants be required to be actively and directly engaged in the agricultural use of the land. An equivalent density of 60 acres per unit shall be required for each home farmhouse and intergenerational house (i.e. at least 60 acres for a farmhouse, 120 acres for a farmhouse and an intergenerational house, and 180 acres required for a farmhouse and two intergenerational homes), including any existing homes. The reviewing authority shall consider all contiguous properties under the same ownership to achieve the requirements of the LCP. No Use Permit shall be required for the first intergenerational home on a qualifying lot, but a Use Permit shall be required for a second intergenerational home. No more than 27 intergenerational homes may be allowed in the County’s coastal zone. Agricultural worker housing providing accommodations consisting of no more than 36 beds in group living quarters per legal parcel or 12 units or spaces per legal parcel for agricultural workers and their households shall not be included in the calculation of density in the following zoning districts: C-ARP, C-APZ, C-RA, and C-OA. Additional agricultural worker housing above 36 beds or 12 units shall be subject to the density requirements applicable to the zoning district. An application for agricultural worker housing above 36 beds or 12 units shall include a worker housing needs assessment and plan, including evaluation of other available worker housing in the area. The amount of approved worker housing shall be commensurate with the demonstrated need. Approval of agricultural worker housing shall require recording a restrictive covenant running with the land for the benefit of the County ensuring that the agricultural worker housing will continuously be maintained as such, or, if no longer needed, for non-dwelling agricultural production related uses.

LUP Submittal: Agriculture C-AG-2… In the C-APZ zone, the principal permitted use shall be agriculture, limited to the following as follows: 1) Agricultural Production: 1.Uses of land for the breeding, raising, pasturing, and grazing of livestock; 2. The production of food and fiber; 3. The breeding and raising of bees, fish, poultry, and other fowl; 4. The planting, raising, harvesting and producing of agriculture, aquaculture, mariculture, horticulture, viticulture, vermiculture, forestry crops, and plant nurseries.; 5. Substantially similar uses of an equivalent nature and intensity; and 6. 2) Agricultural Accessory sStructures; 3) Agricultural Accessory Activities; or uses 4) One farmhouse or a combination of one farmhouse and one intergenerational home per legal lot, consistent with C-AG-5, including combined total size limits; 5) Agricultural worker housing, providing accommodations consisting of no more than 36 beds in group living quarters per legal parcel or 12 units or spaces per legal lot for agricultural workers and their households; 6) Other Agricultural Uses, if appurtenant and necessary to the operation of agricultureal uses, limited to: including one farmhouse per legal lot, one intergenerational home, agricultural worker housing, limited agricultural product sales and processing, educational tours, agricultural homestay facilities with three or fewer guest rooms, barns, fences, stables, corrals, coops and pens, and utility facilities (not including wind energy conversion systems and wind testing facilities). Agricultural product sales and processing of products grown on-site, provided that for sales, the building(s) or structure(s), or outdoor areas used for sales do not exceed an aggregate floor area of 500 square feet, and for processing, the building(s) or structure(s) used for processing activities do not exceed an aggregate floor area of 5,000 square feet; Not-for-profit educational tours.

LUP Submittal: Agriculture Proposed LUP Development standards: Existing LCP: Parcel: “All contiguous assessor’s parcels under common ownership” (Unit 2 Agriculture Policy 6b) 22.57.032(d) of the certified IP defines parcel as “all contiguous assessor’s parcels under common ownership unless legally divided” Existing LUP unit of measurement is thus the legal lot Proposed LUP: One farmhouse or combination of farmhouse/intergenerational home per legal lot and limited to aggregate of 7,000 square foot building size cap regardless of number of legal lots Proposed LUP unit of measurement is thus the legal lot

LUP Submittal: Coastal Hazards

LUP Submittal: Coastal Hazards Existing LUP Development in mapped hazardous areas shall be required to demonstrate: The area of construction is stable Will not create a hazard or diminish stability of the area Will not require the construction of protective devices Blufftop development: Set back to ensure protection from bluff retreat for 50 year economic life expectancy Shoreline development: Sited and designed so that no shoreline protective device is required for 50 year economic life

LUP Submittal: Coastal Hazards Existing LUP Shoreline Protective Device Standards: The structure is required to serve a coastal-dependent use, existing development, or public beaches No other non-structural alternative is practical or preferable The condition is site-specific and not attributable to a general erosion trend Design Standards for Shoreline Protective Devices: Make is as visually unobtrusive as possible Respect natural landforms Minimize impairment and movement of sand supply Proposed LUP Generally maintains and strengthens LUP standards (increases economic life to 100 years, prohibits bluff face development, addresses FEMA, SLR vulnerability assessment, etc.)

LUP Submittal: Coastal Hazards Suggested Modifications: Remove 100 year economic definition Insert ‘coastal redevelopment’ definition and policy Tie authorization of shoreline protective device with the structure it is protecting Require mitigation in 20 year increments Meet applicable visual/character requirements Avoid brush clearance

LUP Submittal: Biological Resources

LUP Submittal: Biological Resources Proposed LUP: ESHA Designation Allowed uses: Wetlands: 30233 uses (commercial fishing facilities, incidental public service purposes, aquaculture); agricultural uses if used for such activities prior to 4/1/1981 Wetland buffer: 100 feet, may be reduced Streams: 30236 uses (necessary water supply projects, flood control projects, fish and wildlife habitat projects) Stream buffer: 100 feet, may be reduced Terrestrial: 30240 uses (resource-dependent) ESHA buffer: 50 feet, may be reduced

LUP Submittal: Biological Resources Proposed LUP: Suggested Modifications Minimum buffer of 25 feet for terrestrial ESHA Consistent with Coastal Act Section 30240(b)

LUP Submittal: Visual Resources and Community Character

LUP Submittal: Visual Resources and Community Character Proposed LUP: Suggested Modifications Definition of significant views (“…to and along the ocean and scenic coastal areas”) Height limit exceptions for some land uses 30250(a)’s land division requirements 30610(g)’s coastal permit exemption for only destroyed structures

LUP Submittal: Public Recreational Access and Visitor Serving Uses

LUP Submittal: Public Recreational Access and Visitor Serving Uses Proposed LUP: Suggested Modifications Reductions in public parking must mitigate for potential loss of public coastal access Residential development in commercial mixed-use zones must enhance established commercial character

LUP Submittal: Public Services

LUP Submittal: Public Services Proposed LUP: Suggested Modifications Reservation of public service capacity for all Coastal Act priority uses Coordinate with Caltrans, National Park Service and other appropriate entities in refining and implementing State Route 1 Repair Guidelines Within Marin County

LUP Submittal: Appendices and Maps Proposed LUP: Suggested Modifications “The Coastal Zone Boundary depicted on this map is shown for illustrative purposes only and does not define the Coastal Zone. The delineation is representational, may be revised at any time in the future, is not binding on the Coastal Commission, and may not eliminate the need for a formal boundary determination made by the Coastal Commission.”

LUP Submittal: Appendices and Maps Commission- certified permit and appeal jurisdiction maps Proposed Map 28

Conclusion Commission and County staff, as well as stakeholders and the public, have worked closely throughout the update process Staff believes that the Land Use Plan, as modified, is in conformity with the Chapter 3 policies of the Coastal Act