Marin County, CA Building Safety: Anti-Mansionization (2026)
Key Facts
- Governing section
- Development Code § 22.30.060
- Base FAR cap
- 30 percent (0.30) of lot area
- Steep-slope new build cap
- Lesser of 7,000 sq ft or FAR
- Substantial remodel trigger
- 25%+ addition to floor area
- Adjusted FAR counts
- Garages, ADUs, convertible spaces
- Adopted
- Ord. No. 3577, 2012
Summary
In the Tamalpais Community Plan Area of unincorporated Marin, Development Code Section 22.30.060 caps the maximum adjusted Floor Area Ratio at 30 percent of lot area for new homes on vacant lots and for "substantial remodels" (additions of 25 percent or more) on steep or undersized lots. New construction on a vacant lot with 25-percent-plus average slope needing Design Review is capped at the lesser of 7,000 square feet or that FAR figure.
For lots within the Tamalpais Community Plan Area, the following maximum adjusted Floor Area Ratio standards shall apply to: (1) new residential construction proposed on vacant lots; (2) substantial remodels proposed on properties with a slope of 25% or greater; or (3) substantial remodels proposed on properties that do not comply with the minimum lot area requirements. For purposes of this section, substantial additions to an existing structure are additions that add 25% or more of floor area to an existing structure. A.Maximum adjusted Floor Area Ratio standards. Maximum adjusted Floor Area Ratio shall not exceed 30 percent (0.30) of lot area, unless modified through discretionary review pursuant to floor area guidelines contained in Appendix B of the Tamalpais Community Plan. B.Maximum adjusted floor area permitted. For development of a new residence proposed on a vacant lot that: (1) exceeds a 25% average slope; and (2) requires Design Review, the maximum adjusted floor area permitted shall be limited to the lesser of 7,000 square feet or the adjusted floor area ratio as shown in Appendix B of the Tamalpais Area Community Plan.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).
Full Breakdown
060 targets exactly the kind of oversized rebuild that drives mansionization complaints: it applies to new residential construction on a vacant lot, to a "substantial remodel" on a property with a 25 percent or greater average slope, and to a substantial remodel on a lot that does not meet the minimum lot area requirement, where "substantial" means an addition of 25 percent or more of existing floor area. 30) maximum adjusted FAR is a hard ceiling unless a property owner obtains discretionary review under the floor area guidelines in Appendix B of the Tamalpais Community Plan.
5-foot ceiling, accessory dwelling units, the combined total of detached accessory structures of 120 square feet or more (excluding garages), window boxes or bays under 18 inches above the finished floor or projecting more than 3 feet, garage space over 400 square feet on lots of 6,000 square feet or less, garage space over 480 square feet on larger lots, and covered porches or entryways that could later be enclosed. For a brand-new house on a vacant lot exceeding 25 percent average slope, the Code imposes an absolute backstop: the maximum adjusted floor area is whichever is smaller of 7,000 square feet or the FAR-based number, no matter how large the parcel is. The standard was adopted by Ord. No. 3577 (2012) and amended by Ord. No. 42 is the gate through which any deviation must pass.
Violations & Fines
Exceeding the adjusted FAR cap without Design Review approval is enforced the same as any Development Code violation under Chapter 22.122: the Community Development Agency can issue a Stop Work Order, and continuing construction after that order is a misdemeanor. Section 22.122.050 lets the County pursue civil injunctions, administrative or misdemeanor citations, and penalties of up to $2,500 per violation per day, and it can withhold future building permits on the property until the oversized structure is corrected or approved.
Frequently Asked Questions
What counts as a "substantial remodel" under Marin's Tamalpais FAR limit?
Does my garage count against the Tamalpais floor area cap?
Can I build over the 30 percent FAR cap in the Tamalpais area?
What's the absolute size limit for a new house on a steep, vacant Tamalpais lot?
Sources & Official References
Other rules in Marin County
California rules heatmap·Compare Marin County to another location·View the California building safety overview
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