Davidon Homes Housing Compliance Review Permit, Vesting Tentative Map, and Tree Removal Permit (P5987)

Project Summary

The applicant requests Housing Compliance Review Permit, Vesting Tentative Map and Tree Removal Permit approvals, for a proposed housing development project at a property commonly known as 805 Atherton Avenue in unincorporated Novato. The project would entail the development of an approximately 6.43-acre portion of the 10.77-acre property, including a subdivision that would create 45 residential lots, the construction of 45 detached single-family dwellings (one on each lot), the removal of 47 trees designated as Heritage or Protected under applicable County regulations, and the installation of associated site improvements and infrastructure.

Project Description

The applicant requests Housing Compliance Review Permit approval to develop an approximately 6.43-acre portion of the 10.77-acre property to construct 45 detached single-family dwellings, together with all associated site improvements and infrastructure. The 6.43-acre portion, located in the lower half of the property, would be subdivided into 45 lots ranging in size from 2,117 square feet to 7,218 square feet in area. The lots would be configured around a primary roadway extending perpendicularly from Atherton Avenue, with three secondary roadways extending perpendicularly from the primary roadway. All roadways would include sidewalks and accommodate opportunities for on-street parking. Each of the 45 lots would be developed with one of five single family dwelling plan types, ranging in size from 1,459 square feet to 2,683 square feet in total floor area. The proposed detached single-family dwellings would be designed in one of the following architectural styles: farmhouse, cottage, or modern prairie. Of the 45 detached single-family dwellings, 37 would be sold at market rates. Eight of the proposed units would be deed-restricted at affordable levels (two low-income, four moderate-income, and two middle-income). The table below, entitled Davidon Homes Plan Types, summarizes the number and size of the proposed residences:

The applicant requests Vesting Tentative Map approval to subdivide the 10.77-acre property into 45 individual residential lots (Lots 1 through 45), two parcels designated as open space (Parcel A and Parcel C), and one parcel designated for private roadway(s) (Parcel B) to serve the proposed residential development. Of the 45 residential lots, 37 would be developed with market-rate units and eight would be designated as income-restricted, below-market-rate units. Each market-rate lot would range in size from 3,097 square feet to 7,218 square feet, while the affordable lots would be smaller, measuring between 2,117 square feet and 3,461 square feet.

The applicant requests Tree Removal Permit approval to authorize the removal of 47 native trees classified as either protected or heritage, pursuant to the applicable definitions set forth in Marin County Development Code, to accommodate the proposed housing development project. According to the submitted Preliminary Tree Preservation Report prepared by Bartlett Tree Experts (revised March 2026), the proposed tree removals include 35 protected trees and 14 heritage trees, all of which have been determined to be, at a minimum, in fair condition. The removals would occur primarily along the periphery of the 6.43-acre development area, with the highest concentration along its southern boundary and additional, more limited removals within its interior.

Additional tree removal activities not subject to Tree Removal Permit approval are also proposed, including the removal of 44 native trees that either do not meet the required diameter at breast height (DBH) to be classified as protected or heritage, or, although meeting the classification criteria, were determined to be in poor condition and therefore qualify for removal without permit approval pursuant to Marin County Development Code Section 22.62.040 (Exemptions). Additionally, two nonnative trees would be removed.

Housing Compliance Review approval is required pursuant to Marin County Code Section 22.64.020.A, because the project proposes the ministerial review of a housing development project under the regulations of the Marin County Form Based Code. Vesting Tentative Map approval is required pursuant to Marin County Code Section 22.80.030 because the project proposes a subdivision creating five or more parcels. Tree Removal Permit approval is required pursuant to Section 22.62.020 of the Marin County Development Code because the project involves the removal of Protected and Heritage trees, as defined in Section 22.130.030 (Definitions of Specialized Terms and Phrases), on an improved lot that cannot be exempt from the requirement to obtain Tree Removal Permit approval.

Land Use Information

Zoning: A2-B2-HOD (Agriculture, Limited District, in combination with the Minimum Lot Size “-B2” Combining District and the Housing Overlay Designation Combining District)
Countywide Plan Designation: SF3-HOD (Single-Family 3 and Housing Overlay Designations)
Community Plan (if applicable): Not applicable