San Rafael, CA

Marin County Code §22.32.120 regulates ADUs in unincorporated areas. Detached and conversion ADUs under 800 square feet receive ministerial by-right approval. ADUs are allowed in single-family, multifamily, and mixed-use zones. The county currently extends its ADU permit fee waiver through December 31, 2026.

Government Code 65852.2 expressly authorizes converting an existing garage into an ADU, with no replacement parking allowed and ministerial approval required.

California HCD guidance and Health and Safety Code 18007 classify many tiny homes on wheels as manufactured housing or ADUs, granting statewide siting protections.

Marin County enforces the California Building Standards Code (2022 California Building Code and California Residential Code, Title 24) along with the Swimming Pool Safety Act (California Health and Safety Code 115920-115929). New or remodeled residential pools at single-family homes require an enclosure at least 60 inches tall plus at least one additional drowning prevention feature, verified by the Marin County Community Development Agency Building and Safety Division. Marin County Code Title 19 Chapter 19.12 also requires a fence at least 5 feet tall around any decorative pool or pond 18 inches or deeper.

California's Swimming Pool Safety Act covers above-ground pools deeper than 18 inches, requiring uniform drowning-prevention features and barriers regardless of pool type.

Hot tubs and spas fall under California's Swimming Pool Safety Act when capable of holding water deeper than 18 inches, requiring barriers, covers, or other approved safety features.

California's Swimming Pool Safety Act and Title 24 Building Standards Code establish uniform anti-entrapment, drain cover, and safety equipment requirements for all residential pools.

All fireworks — including those labeled Safe and Sane — are illegal year-round throughout Marin County. The Marin County Fire Code prohibits possession, sale, and use of fireworks in unincorporated areas due to extreme wildfire risk in the Wildland-Urban Interface.

Most of unincorporated Marin County is designated Wildland-Urban Interface under the Marin County Fire Code (Title 16). WUI properties must meet Chapter 7A construction standards for ignition-resistant materials and maintain 100 feet of defensible space year-round.

Marin County requires 100 feet of defensible space around all structures in Wildland-Urban Interface (WUI) areas. State law (PRC §4291) and the Marin County Fire Code mandate two zones: Zone 1 (0–30 ft, lean and green) and Zone 2 (30–100 ft, reduced fuel).

Recreational fires and outdoor fire pits in Marin County must comply with the Marin County Fire Code (Title 16) and California Fire Code. Open burning is generally prohibited during fire season and in WUI areas without a permit. Gas-fueled appliances are subject to fewer restrictions than wood-burning.

California requires permits for most outdoor burning, with statewide CAL FIRE and Air Resources Board rules that uniformly apply alongside local air district restrictions.

California uniformly applies the State Fire Marshal's propane storage standards through the California Fire Code, which all local jurisdictions must enforce as a minimum.

Marin County Code Title 8 (Animals), Chapter 8.04 requires dogs in public places to be restrained by a leash of sufficient length to allow constant control. Marin Humane enforces leash laws in unincorporated areas and most contracted cities, with fines for off-leash violations.

Unincorporated Marin County allows backyard chickens under zoning rules: one hen per 1,000 square feet of lot area, up to 20 hens maximum, with coops up to 12 feet tall. Livestock keeping standards in the Development Code prohibit animals on slopes exceeding 50 percent.

California Food and Agriculture Code section 31683 preempts cities from banning specific dog breeds, though localities may regulate spay-neuter and breeding by breed.

Marin Municipal Water District (Marin Water) rules prohibit landscape irrigation between 9 AM and 7 PM, limit overhead sprinkler watering to twice per week, and allow drip irrigation up to three times per week. Watering is prohibited during and within 48 hours after rainfall.

Marin County Code Chapter 22.62 (Tree Removal Permits) requires a permit to remove protected native trees including Coast live oak, California bay, Douglas fir, and Coast redwood — and stricter rules apply to heritage trees. Removing more than two protected trees on a developed lot in 12 months triggers permitting.

Government Code 65850.3 prevents California cities and HOAs from banning drought-tolerant artificial turf installed at single-family residential properties.

SB 1383 requires every California resident and business to separate food scraps and yard waste from trash, with universal collection or on-site composting.

AB-1572 prohibits using potable water to irrigate non-functional turf at commercial, institutional, and HOA-common areas, accelerating native and low-water landscape conversions statewide.

The 2012 Rainwater Capture Act allows California residents to capture rainwater from rooftops for non-potable outdoor use without a state water-right permit, preempting most local barriers.

Marin County requires short-term rental owners to notify occupants of neighboring properties before obtaining or renewing a business license. The 2024 ordinance also limits new non-primary STRs through waitlists when townships exceed their license cap.

Unincorporated Marin County requires every short-term rental (under 30 days) to obtain a STR License, a Business License, and a Transient Occupancy Tax (TOT) Certificate. The countywide cap is 1,200 licenses, with 192 reserved for Stinson Beach and 204 for Dillon Beach. Application fee is $600.

California law requires hosting platforms to verify or disclose liability insurance for short-term rental listings, applying uniformly across all California cities.

Marin County Code Chapter 15.36 regulates vehicle parking on unincorporated streets. MCC §15.36.030 enforces the California 72-hour street parking limit, and §15.36.070 authorizes posted no-overnight-parking restrictions. RV and boat storage on private property is regulated by the Development Code (Title 22).

California Vehicle Code sections 22651 and 22669 set uniform rules allowing peace officers and authorized agents to remove abandoned vehicles from public and private property after defined waiting periods, with statewide notice and lien procedures.

California Civil Code sections 4745 and 4745.1, plus Government Code 65850.7, create statewide rights for residents to install EV charging stations and require expedited local permitting that supersedes restrictive local rules.

California Civil Code Section 841, the Good Neighbor Fence Act, presumes adjoining landowners share equal benefit and equal cost responsibility for boundary fences, applying statewide regardless of city ordinance.

California's Swimming Pool Safety Act in Health and Safety Code Section 115920 mandates statewide drowning prevention barriers around residential pools, with cities prohibited from adopting weaker standards.

California Building Code under Title 24 universally requires permits and engineering for retaining walls over four feet measured from the bottom of the footing, applying statewide regardless of local variation.

The California Homemade Food Act, codified at Health and Safety Code sections 113758 and 114365, sets uniform rules for cottage food operations and bars local governments from prohibiting them in residential zones.

Health and Safety Code sections 1597.40 through 1597.465 require all California cities and counties to treat licensed family daycare homes as permitted residential uses, preempting any local prohibition or restrictive zoning.

While most home occupation rules are local, California Government Code section 65852.2 and Business and Professions Code provisions universally guarantee certain residential uses such as accessory dwelling units and licensed professional offices statewide.

Marin County participates in the FEMA National Flood Insurance Program. Development in mapped Special Flood Hazard Areas (Zones A and AE) must comply with the Floodplain Management Ordinance in Title 23 of the Marin County Code, requiring elevation certificates and finished-floor elevations above the Base Flood Elevation.

Marin County's coastal areas are regulated by the Local Coastal Program (LCP) Implementation Plan, codified in Title 20 of the Marin County Code. Development within the Coastal Zone — including West Marin and Bay shoreline — requires a Coastal Permit. BCDC also regulates within 100 feet of the Bay shoreline.

California Water Code sections 13260 and 13383 implement the federal Clean Water Act through statewide MS4 NPDES permits issued by the State and Regional Water Boards, binding all municipal stormwater dischargers uniformly.

Health and Safety Code section 11362.2 grants every adult 21 or older the statewide right to cultivate up to six cannabis plants indoors, and bars local governments from completely prohibiting indoor personal cultivation.

Commercial drone operations in California follow uniform federal rules under 14 CFR Part 107 plus statewide California provisions in Civil Code 1708.8 and Public Utilities Code 21401, with local rules limited to ground-based regulation.

Recreational drone flight in California is governed primarily by FAA regulations under 14 CFR Part 107 and 49 USC 44809, with state-level rules added by Civil Code 1708.8 and Government Code 853 applying uniformly statewide.

California sets a statewide minimum wage floor under Labor Code 1182.12, currently $16.50 per hour for all employers as of 2025. Local governments are not preempted and may set higher minimums; many cities exceed the state rate substantially.

California's Healthy Workplaces, Healthy Families Act under Labor Code 245-249 mandates paid sick leave for nearly all employees statewide. SB 616 (2023) raised the minimum to 40 hours or five days annually effective January 2024, applying universally.

California regulates concealed carry weapons licenses statewide under Penal Code 26150 through 26225. Senate Bill 2 (2023) imposes uniform sensitive-place restrictions and applicant standards, preempting local variations on issuance criteria and qualifications.

California preempts most local firearm regulation under Government Code 53071 and Penal Code 25605, reserving licensing, registration, and manufacture authority to the state. However, local governments retain limited authority over discharge, sensitive places, and zoning of gun businesses.

California broadly prohibits open carry of firearms statewide under Penal Code 25850 (loaded firearms in public) and Penal Code 26350 (open carry of unloaded handguns). The prohibition applies uniformly across all California cities and counties without local variation.

California prohibits carrying loaded firearms in vehicles statewide under Penal Code 25400 and 25850. Unloaded handguns transported in private vehicles must be in a locked container or the vehicle's locked trunk; long guns must be unloaded but need not be locked.

California Retail Food Code (Health and Safety Code 113700-114437) sets uniform mobile food facility permit, equipment, and food safety standards enforced by counties statewide.

California's Safe Sidewalk Vending Act (SB 946) preempts most local bans on sidewalk vending, allowing only objective health, safety, and welfare regulations.

California prohibits state and local governments from requiring private employers to use the federal E-Verify system except where federal law mandates it, under Government Code 7285.1 and 7285.3. The restriction applies uniformly to every California city and county.

The California Values Act (SB 54, 2017) codified at Government Code 7284-7284.12 limits state and local law enforcement cooperation with federal immigration authorities. It applies uniformly to every California agency and bars participation in most civil immigration enforcement.

Civil Code 1946.2 requires landlords statewide to have just cause to terminate tenancies of qualifying tenants who have lived in a covered unit at least 12 months.

Civil Code 1947.12 limits annual rent increases to 5 percent plus CPI, capped at 10 percent total, on most California rental units regardless of local ordinances.

The California Land Conservation Act of 1965 (Williamson Act), Government Code 51200-51297.4, allows landowners to enter contracts with counties restricting land to agricultural use for ten-year minimum terms in exchange for reduced property tax assessment based on farming income.

The California Right to Farm Act under Civil Code 3482.5 protects established agricultural operations from nuisance lawsuits brought by neighbors who moved in after farming began. The law applies statewide and limits both private and local government nuisance actions.

California Civil Code Section 4710 universally prohibits homeowner associations from banning noncommercial political signs on owner-occupied separate interest property, overriding any local HOA covenant.

California prohibits grocery stores and large retailers from providing single-use plastic carryout bags under Public Resources Code 42280-42288, enacted by SB 270 (2014) and ratified as Proposition 67 in 2016. Recycled paper or reusable bags require a 10-cent minimum charge.

California restricts expanded polystyrene food containers statewide through SB 54 (2022) packaging requirements under Public Resources Code 42040-42081. The law mandates that polystyrene foodware achieve 25 percent recycling by 2025 or face statewide sales prohibition.

California Public Resources Code 42270-42273, enacted by AB 1884 (2018), prohibits full-service restaurants from providing single-use plastic straws unless requested by the customer. The on-request rule applies uniformly to dine-in restaurants statewide.

Civil Code section 714 voids HOA covenants and rules that prohibit or unreasonably restrict residential solar energy systems, preempting private and local restrictions.

California's Solar Rights Act and the SolarAPP+ mandate (SB 379) require expedited permit review of small residential solar systems, preempting restrictive local processes.

California prohibits sale of tobacco and vapor products to anyone under 21 statewide under Business and Professions Code 22958, enacted by SBX2-7 in 2016. The Tobacco 21 standard applies uniformly across all California jurisdictions.

California bans retail sale of most flavored tobacco products statewide under Health and Safety Code 104559.5, enacted by SB 793 (2020) and upheld by voters via Proposition 31 in November 2022. The ban applies uniformly to all California retailers.

California requires statewide licensing of tobacco and vape retailers under the STAKE Act and the Cigarette and Tobacco Products Licensing Act. Business and Professions Code 22970 establishes uniform retailer licensing, while local governments may adopt stricter rules.

California universally requires every resident and business to separate organic waste for recycling, alongside mandatory commercial recycling under AB 341 and AB 1826.

California provides statewide protections for native oak woodlands and heritage trees through CEQA review, Public Resources Code, and Forest Practice Rules that apply uniformly.