Title 10 — PLANNING AND ZONING

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Title 10 - PLANNING AND ZONING

Chapters:

Chapter 1 - PLANNING COMMISSION

Sections:

There is hereby created a Planning Commission in accordance with the provisions of Chapter 3 of Title 7 of the Government Code of the State. The Commission shall consist of seven (7) members who shall be appointed by a majority vote of the whole Council. Any member of the Commission may be removed at any time, without cause, by a majority vote of the whole Council.

(§ 1, Ord. 250, as amended by § 1, Ord. 373, § 3, Ord. 608, eff. January 7, 1971, and Ord. 735, eff. July 14, 1977)

10-1.02 - Advisory members.

(§ 1 A, Ord. 250, as added by § 2, Ord. 373; repealed by Ord. 735, eff. July 14, 1977)

10-1.03 - Terms of office: Compensation.

The members of the Planning Commission shall serve for four (4) year staggered terms, each expiring on August 18 of the appropriate year. If a vacancy shall occur other than by expiration of term, the vacancy shall be filled by appointment for the unexpired portion of the term. All members of the Commission shall serve without compensation.

(§ 2, Ord. 250, as amended by § 3, Ord. 373, § 3, Ord. 608, eff. January 7, 1971, and Ord. 735, eff. July 14, 1977)

The Planning Commission shall elect a chairman from among its appointed members for a term of one year. The Commission shall adopt rules for the transaction of its business and shall keep a record of its proceedings and of all resolutions, transactions, findings, and determinations, all of which shall be public records. The Commission shall in all other respects perform all of the duties and may exercise all of the powers and privileges specified and provided for in or incidental to the State Planning Law, which is

incorporated by reference in this chapter as fully and completely and to the same extent as if fully set forth in this chapter.

(§ 3, Ord. 250, as amended by Ord. 735, eff. July 14, 1977)

It is a policy of the Town that all applications requiring Planning Commission review shall not be continued for more than ninety (90) days after it is first agendized, except on a showing of good cause consistent with state law and approved by the Planning Director.

(§ 1, Ord. 1026, eff. July 11, 2002)

With respect to appeals, provisions of this section shall prevail over any other conflicting sections of this Code which relate to processing of appeals under Title 10.

(a)

Intent. Any action of the Planning Commission may be appealed to the Town Council by any person. Any member of the Town Council may call up any decision of the Planning Commission for review by the Town Council by employing the procedures described in this section.

(b)

Filing, form and fee.

(1)

Any appeal permitted under this section shall be filed with the Town Clerk within ten (10) calendar days of the date of the decision of the Planning Commission.

(2)

A notice of appeal shall specifically state the reasons upon which the appeal is based, including but not limited to:

(i)

Whether the determination, decision or interpretation is in accordance with Title 10;

(ii)

Whether the determination, decision or interpretation is in error or constituted an abuse of discretion;

(iii)

Whether the determination, decision or interpretation was not supported by the record or the facts presented to the decision makers.

(3)

The appeal shall be accompanied by the required fee as set by Town Council resolution.

(4)

A notice of review shall be in writing and filed with the Town Clerk within ten (10) calendar days of the date of the decision of the Planning Commission. The notice of review shall state only that the Town Councilmember filing a notice of review believes the Planning Commission determination should be reviewed by the Town Council. No fees shall be required in filing a notice of review.

(c)

Once an appeal or a notice of review has been timely filed, withdrawal of the appeal or the notice of review by the appellant or the Town Councilmember filing the notice of review, shall not divest the Town Council of jurisdiction to consider and act upon the appeal or the notice of review if the town council determines that the public interest is best served in hearing the matter.

(d)

Completeness of an application for an appeal. The Planning Director shall review the application of an appeal for completeness. If the application is found not to be complete, the Planning Director shall notify the appellant within five (5) days after the application of the additional information needed to make the application complete. The applicant shall have ten (10) calendar days from the service of said notice to provide additional information on the appeal. At the end of the ten (10) calendar days, all information provided by the applicant regardless of completeness shall be forwarded to the Town Council for consideration at the hearing. The gathering of additional information can occur concurrently with setting and noticing the hearing.

(e)

Stay of Planning Commission action. The filing of an appeal or notice of review shall automatically stay the subject Planning Commission action until the appeal or review has been determined.

(f)

In all cases, the Town Clerk shall endeavor to set the hearing date of an appeal or notice of review not later than thirty (30) calendar days after the appeal or notice of review has been filed. With respect to an appeal, the Town Clerk shall consult with the Planning Director regarding the completeness of the application and shall set a date which will allow the applicant the appropriate time to provide additional information on the appeal.

The directory time limit referred to above shall become mandatory only when State law associated with a specific type of action so requires.

(g)

Noticing. With respect to an appeal, the Planning Department shall notice the appeal according to the applicable sections of all State and local laws, rules and regulations. With respect to a notice of review, the

Planning Department shall give at least ten (10) calendar days' notice of the hearing.

(h)

Resolution. Upon conclusion of the hearing whether of an appeal or by virtue of a notice of review, including any continued hearing, the Town Council shall determine the appeal or the review based upon the testimony and documents produced before it and any site visits. The Town Council may sustain, modify, reject, or overrule any recommendations or rulings of the Planning Commission and may make such findings and determinations as are consistent with State law, this Code and other applicable rules and regulations.

(§ 1, Ord. 894, eff. January 21, 1988, as amended by § 2, Ord. 988, eff. November 13, 1997)

The Planning Director has the authority to deem withdrawn any application filed under Title 10 Planning and Zoning, that has been inactive for 180 days or more. An application is inactive when requested materials, funds, or other information necessary to process the application are not submitted by an applicant or an applicant's representative. Once an application is deemed withdrawn, the applicant will be required to submit a new application, including fees, plans, exhibits and other materials, in compliance with this Title to secure a permit.

(Ord. No. 1109, § 1, 9-27-2016)

Chapter 2 - SUBDIVISIONS*

Sections:

Article 1. - Short Title and Purpose of Chapter

This chapter may be referred to as the "San Anselmo Subdivision Law." When a consideration is not specifically covered in this chapter, the provisions of the Subdivision Map Act of the State shall apply.

(Ord. 839, eff. July 14, 1983)

10-2.102 - Purpose of chapter.

This chapter is adopted for the following purposes:

(a)

The adoption of subdivision regulations in accordance with the Subdivision Map Act of the State. The Planning Commission, referred to in this chapter as the Commission, is hereby designated as the Advisory Agency with respect to subdivisions as provided in said Subdivision Map Act and this chapter, and shall have all the powers and duties with respect to tentative and final maps and the procedures relating thereto which are specified by law and by this chapter, and shall have the responsibility to approve, conditionally approve, or disapprove maps;

(b)

The adoption of regulations to govern any subdivision which, for the purposes of this chapter, is defined as: "Any real property, improved or unimproved, or portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, which is divided for the purpose of sale, lease, or financing, whether immediate or future, into five (5) or more lots"; and

(c)

The division or subdivision of any parcel of land in the Town into two (2), three (3), or four (4) parcels of land as provided in Article 7 of this chapter. Such subdivisions shall conform to all of the general regulations and requirements of this chapter.

The regulations established by this chapter shall apply to all subdivisions or parts of subdivisions of lands lying wholly or in part within the Town and are declared to be the minimum reasonably necessary to promote and protect the public health, safety, peace, morals, comfort, and general welfare.

(Ord. 839, eff. July 14, 1983)

Article 2. - Regulations

(a)

Center lines. The center lines of all streets shall be the continuations of the center lines of existing streets in adjacent and contiguous territory. In cases in which straight continuations are not physically possible, such center lines may be continued by curves and shall be in general conformity with the plans made for the most advantageous development of the area in which the subdivision lies.

(b)

Widths. The widths of local streets shall not be less than those required by the Town Engineer. The apportioning of the street width between the roadway, sidewalks, and park strips shall also be as required by the Town Engineer.

(c)

Intersections. Streets shall be required to intersect one another at an angle as near to a right angle as is practicable in each case. Where several streets converge at one point, setback lines, special rounding, or cutoff corners may be required to insure the safety and facility of traffic movements. At street intersections the block corners shall be rounded at the property lines by a radius of not less than twenty (20′) feet.

(d)

Extensions. Where a subdivision adjoins acreage, provisions shall be made for adequate street access thereto.

(e)

Dead-end streets. The end of dead-end streets shall have a right-of-way and curb configuration as required by the Town Engineer.

(f)

Names. All street names shall be subject to the approval of the Commission.

(g)

Grades. Grades shall not exceed fifteen (15%) percent on any street, except that, in special cases, grades up to twenty (20%) percent may be allowed for such distances as the Town Engineer may approve.

(h)

Radius. The center line radii of streets shall not be less than seventy-five (75′) feet.

(i)

Slope easements. Where a cut or fill bank extends outside the normal right-of-way of the street, a slope easement may be required of sufficient width to permit the maintenance of the slopes.

(Ord. 839, eff. July 14, 1983)

(a)

Public utility. Public utility easements may be required along the rear and sides of lots where necessary for the accommodation of public utility, drainage, and/or sanitary facilities.

(b)

Pedestrian. Pedestrian ways may be required across long blocks or where necessary to provide access to public areas.

(Ord. 839, eff. July 14, 1983)

Sidewalks ten (10′) feet in width shall be required along all business street frontage. Sidewalks four (4′) feet in width shall be required along all residential street frontage. Sidewalks may be eliminated on one or both sides of streets where the Town Engineer finds that the slope of the ground or the nature of the development makes them impractical or inappropriate.

(Ord. 839, eff. July 14, 1983)

(a)

Compliance with zoning provisions. Lot sizes, frontages, widths, side lines, and front and rear yards shall at least meet the requirements of the zoning provisions. Where applicable, the lot size, average width, and allowable density shall also meet the requirements of the current Slope Policy of the Town, which Slope Policy is incorporated by reference in this chapter as fully and completely and to the same extent as if fully set forth in this chapter. However, in approving any map the Commission may require larger than minimum sized lots if the terrain, topography, or environmental considerations involved, in the opinion of the Commission, so require.

(b)

Side lines. The side lines of a lot shall be as near as possible to right angles to the street line upon which the lot faces.

(c)

Building sites. Each lot shall have an adequate building site for a dwelling, garage, and/or carport location which will not require a variance.

(d)

Future divisions. Where parcels of land are subdivided into larger building sites than required by the zoning provisions or current Slope Policy, each lot indicated thereon shall be restricted against further resubdivision, unless it can be divided in accordance with the provisions of this section and other provisions of this chapter.

(Ord. 839, eff. July 14, 1983)

The subdivider shall dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural watercourse or channel, stream, or creek which traverses the subdivision or, with the approval of the Town Engineer, provide by dedication further and sufficient easements, or construction, or both, to dispose of such surface and storm waters. The subdivider shall install such culverts as may be required.

(Ord. 839, eff. July 14, 1983)

The Commission may require adequate provisions for suitable areas for parks, playgrounds, schools, and other public building sites, as well as such measures as will preserve and enhance the scenic values of the Town and the conditions making for excellence of residential, commercial, and industrial developments. Such provisions shall not be construed as an obligation of the Town for the maintenance of such areas as parks or playgrounds.

(Ord. 839, eff. July 14, 1983)

10-2.207 - Surveys.

A traverse of the boundaries of the tract and of all lots and blocks shall close within a limit of error of one in 5,000.

(Ord. 839, eff. July 14, 1983)

An offer of dedication shall be made to the Town, or other appropriate governing bodies, of all parcels of land intended and/or designated to be used for public purposes. Such an offer of dedication shall be by certificate on the final map or by such other acts as may be appropriate.

(Ord. 839, eff. July 14, 1983)

(a)

Filing. Prior to the submission of the final subdivision map, the subdivider shall file with the Planning Department a preliminary soils and geological report, prepared by a civil engineer or geologist who is registered by the State, based upon adequate test borings or excavations. The preliminary soils report may be waived if the Town Engineer shall determine that, due to his knowledge or the knowledge of his department as to the soils qualities of the subdivision, no preliminary analysis is necessary.

(b)

Soils investigations. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils and geological investigation of each lot in the subdivision shall be prepared by a civil engineer or geologist who is registered by the State. The soils and geological investigation shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed. The report shall be filed with the Town Engineer.

(c)

Approval of soils and geological investigations. The Town Engineer shall approve the soils and geological investigation if he determines that the recommended corrective action is likely to prevent structural damage to each dwelling to be constructed on each lot in the subdivision. Appeals from such determinations shall be to the Council. The building permit shall be conditioned upon the incorporation of the approved recommended corrective action in the construction of each dwelling.

(Ord. 839, eff. July 14, 1983)

Article 3. - Improvements

10-2.301 - Improvements required.

(a)

Streets. All streets within the subdivision shall be graded, have rock base, and be paved or surfaced to widths and grades as provided by this chapter and in accordance with the approved improvement plan submitted by the subdivider. The subdivider shall improve the extension of all subdivision streets or public ways to the intercepting paving of any existing Town streets. If the lots front on an existing street, whether or not accepted for maintenance by the Town, the Town Engineer may require such street, or a part thereof, to be improved according to the standards required by this chapter.

(b)

Structures. The structures required by this chapter shall be installed in accordance with the approved improvement plan.

(c)

Curbs and gutters. Curbs and gutters may be required along all streets.

(d)

Sidewalks. Paved sidewalks shall be constructed where required by Section 10-2.203 of Article 2 of this chapter.

(e)

Retaining walls. Retaining walls may be required wherever topographic conditions warrant or where necessary to retain fill or cut slopes within the rights-of-way or slope easements.

(f)

Water supply. Provisions shall be made for such potable water supply as may be necessary to protect the public health by connection to the Marin Municipal Water District system or through approval of a water well permit in accordance with Chapter 20 of Title 9, Water Wells. Unless a water well permit is issued, a letter from MMWD shall be submitted showing its ability to serve the subject property and evidence indicating that a satisfactory agreement has been entered into for the installation of such service. Should a water well permit be obtained for potable water supply, the owner shall connect to MMWD for his or her sole potable water supply as soon as water supplied by MMWD is available. Availability of water shall be based on physical or policy constraints as determined by the Director of Public Works.

Water connection for each lot shall be required.

Water storage and distribution facilities needed for fire protection, including but not limited to fire hydrants, shall be installed as required by the Fire Department in accordance with the Uniform Fire Code and NFPA Title 22 standards.

(g)

Sewage disposal. Provisions shall be made for adequate sewage disposal by:

(1)

Connections to the sanitary sewer system of Sanitary District No. One of Marin County when the nearest available public sewer main is not more than 600 feet, along a road or utility easement, from the nearest property line of the parcel being subdivided; or

(2)

If a sanitary sewer is not available as provided in subsection (1) of this subsection, individual or community septic tanks or other approved community disposal systems may be used, in which case detailed plans shall be submitted to the Town Engineer. No construction shall be commenced upon any such system until such plans have been approved in writing by the Town Engineer, provisions have been made for future maintenance, the subdivider has given such guarantee or posted a bond as deemed necessary to insure the installation of proper facilities within the proposed subdivision, and provisions have been made for future connections to sanitary sewer lines when available.

(h)

Trees, shrubs, and ground cover. Where there are insufficient natural trees, the Commission may require the planting of trees. The Commission may require shrubs and/or ground cover to protect and beautify cuts and fills.

(i)

Fills. Provisions shall be made for filling lands as required by the approved improvement plans.

(j)

Drainage and flood control. Provisions shall be made for drainage and flood control in accordance with the approved improvement plans.

(k)

Erosion control. The faces of cut and fill slopes shall be prepared and maintained to control against erosion, both during and after construction. Such control shall consist of, but not be limited to, effective planting and may require on-site settling basins, or other means, during construction. Erosion control shall be installed as soon as practicable and, whenever possible, in sufficient time to allow plantings to become established prior to the start of any rainy season and prior to final approval.

(l)

Underground utilities. All utility distribution facilities, including, but not limited to, electric, communication, and cable television lines, installed within and for the purpose of supplying service to any subdivision shall be placed underground, with the exception of equipment appurtenant to such underground facilities, such as street lights, surface-mounted transformers, switches, pedestal-mounted terminal boxes, meter cabinets, concealed ducts, and similar items.

The subdivider shall be responsible for complying with the requirements of this section and shall make the necessary arrangements for the installation of such facilities with the utility companies involved.

All underground facilities, sanitary sewers, and storm drains installed in streets or service roads shall be constructed prior to the surfacing of such streets or service roads. Service connections for all underground utilities and sanitary sewers shall be laid to such length as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made.

(m)

Street name signs. Street signs shall be placed at all street intersections and shall be in accordance with specifications on file with the Town Engineer.

(Ord. 839, eff. July 14, 1983, as amended by § 1, Ord. 939, eff. February 23, 1993)

(a)

Minimum standards. In all cases, the materials used, preparation of base, methods of placing materials, workmanship, grading, and tests of materials shall not be less than those standards required by the most recent Standard Specifications and Uniform Construction Standards of the Cities of Marin and County of Marin or, if not covered therein, by the current edition of Caltrans' Standard Specifications, except where special provisions are required.

(b)

Roadways. The roadbed shall be designed according to soil tests of the subgrade material, and such design shall be based on the "R" value of the subgrade and base material, together with the application of the appropriate traffic index applying to the particular class of street in accordance with the standard procedure used by Caltrans in the design of roads under its jurisdiction, or by such other method as is in general use and considered sound practice.

There shall be a minimum of two (2″) inches of asphalt concrete surfacing, unless otherwise permitted by the Town Engineer.

(c)

Sidewalks, curbs, gutters, and driveway entrances. Sidewalks, curbs, gutters, and the curb treatment at driveway entrances shall be constructed to the standards set forth in subsection (a) of this section.

(d)

Filling. Required fill shall be of suitable material and placed in such a manner as to insure that the finished elevation of all lots and roadway areas will be adequate to protect the subdivision from floods and to provide for the passage of storm water runoff. No building or construction on filled land shall be

commenced until satisfactory evidence has been submitted that the required elevation has been obtained and that the will provide a stable base for the construction proposed. Such evidence of satisfactory fill shall be submitted to the Town Engineer, and approval for the construction of improvements upon such fill shall be granted by the Town Engineer prior to construction.

(e)

Drainage and flood control. Drainage channels and conduits shall be designed in accordance with the Master Drainage Plan on file with the Town Engineer, including any revisions and additions thereto, and shall be constructed to the standards set forth in subsection (a) of this section.

(Ord. 839, eff. July 14, 1983)

After the approval of the tentative map, and before the start of any construction work, or before the filing of a final map, the subdivider shall submit to the Town Engineer an improvement plan consisting of:

(a)

A complete grading plan of the entire subdivision;

(b)

Profiles drawn to scale, showing the center line and ground and grade elevations of all streets, ways, alleys, sanitary and storm sewers, and drainage ways;

(c)

Other profiles and cross sections as required by the Town Engineer;

(d)

Detailed plans and specifications for street curbs, gutters, and sidewalks;

(e)

Plans and specifications for drainage structures and flood control provisions;

(f)

Plans showing the layout of all underground utility facilities and sanitary sewers; and

(g)

Plans and specifications for any private sewage disposal system when approved for use by the Town Engineer.

All elevations shall be referred to datum as established by the United States Coast and Geodetic Survey mean sea level datum, unless otherwise permitted by the Town Engineer.

Accompanying such improvement plan shall be such engineering data and computations as are necessary to check the adequacy of the proposed improvements.

The Town Engineer shall inspect the improvement plan for compliance with the provisions of this chapter, standard engineering practices, and any other requirements of the Town. The Town Engineer shall secure from the proper authority written approval or disapproval of the plans and specifications for sewer lines and

sewage disposal systems which shall be made a part of his approval or disapproval of the improvement plan. Such approval or disapproval shall be in writing.

(Ord. 839, eff. July 14, 1983)

(a)

Town Engineer to inspect. The Town Engineer shall make, or cause to be made, such inspections as he deems necessary to insure that all construction is in accordance with the approved improvement plan and shall include:

(1)

The preparation of benches to receive side hill compacted fills;

(2)

The finished graded and compacted surfaces of all roads before placing the base materials;

(3)

All roadside bases;

(4)

All asphaltic or concrete bases;

(5)

All structural forms, including forms for curbs and gutters;

(6)

All concrete pours of any nature;

(7)

All sewer work and manhole work before backfilling;

(8)

All drainage lines before backfilling;

(9)

The backfilling of all ditches, including compaction;

(10)

Equipment of any nature in operation, including pump lines and street lights;

(11)

Hydrostatic tests on all sewer lines when required; and

(12)

A final inspection upon the completion of all improvements.

(b)

Fees. Upon the acceptance of the tentative maps and the approval of the construction drawings and specifications for public improvements within the jurisdiction of the Town, the subdivider shall deposit with the Town an amount equal to three (3%) percent of the total estimated cost of the public improvements by the submission of estimates and approval of the estimates as to amounts by the Town Engineer. Such

deposit shall constitute the fee of the Town. If the public improvements are not completed within twelve (12) consecutive calendar months after the start of work, the subdivider shall deposit an additional fee of two (2%) percent of the entire cost of the public improvements to reimburse the Town for the cost of additional inspections beyond the twelve (12) consecutive month period.

(c)

Notification. The subdivider shall notify the Town Engineer or his representative upon the completion of each stage of construction as set forth in subsection (a) of this section, and the subdivider shall not proceed with further construction until he has received authorization from the Town Engineer or his authorized representative. No work will be accepted unless inspected. The subdivider shall notify the duly appointed inspector for the Town at least twenty-four (24) hours in advance of inspection service requirements.

(Ord. 839, eff. July 14, 1983)

If the improvement work required by this article is not completed satisfactorily before the final map is filed, the owner of the subdivision, concurrently with the approval of the final map, shall enter into an agreement with the Town Engineer agreeing to have the work completed within the time specified in such agreement, and specifying that should such work not be satisfactorily completed within the time limit, the Town may complete all specified improvements and recover the cost thereof from the subdivider. Such agreement may provide for the improvements to be installed in units, for extensions of time under specific conditions, or for the termination of the agreement upon a reversion of the subdivision or a part thereof to acreage. Such agreement shall be secured by a good and sufficient bond or cash deposit, which shall be in an amount to cover the estimated cost of improvements.

(Ord. 839, eff. July 14, 1983)

Article 4. - Monuments

Permanent monuments shall be constructed in accordance with the Uniform Construction Standards of the Cities of Marin and County of Marin. At least two (2) permanent monuments shall be set in each block. They shall be within sight of each other and readily accessible in the street area. The monuments may be either on the street center line or on a line parallel to and offset from the center, properly shown and dimensioned on the final map.

(Ord. 839, eff. July 14, 1983)

In making the survey, the engineer or surveyor shall stake all corners and angle points in the exterior boundary of the subdivision; all angle points and curve points in the right-of-way lines of all streets, alleys, easements, or other lands to be dedicated for public use; and all lot corners and angle and curve points. Stakes shall be not less substantial than three-fourths (¾″) inch I.D. by twenty-four (24″) inch galvanized iron pipe driven flush with the ground and marked by a metal or plastic tag stamped with the registration number of the engineer or surveyor.

(Ord. 839, eff. July 14, 1983)

All monuments shall be subject to the inspection and approval of the Town Engineer and shall be either installed prior to the recording of the final map or be included as a part of the work to be completed under the agreement and improvement bond required by Section 10-2.305 of Article 3 of this chapter.

(Ord. 839, eff. July 14, 1983)

Article 5. - Tentative Maps

(a)

Form. Tentative maps shall be drawn to a size and scale to clearly show the details of the plan.

(b)

Information. Every tentative map shall contain the following information:

(1)

Location map. A key map indicating the location of the proposed subdivision in relation to the surrounding area or region;

(2)

Title. The tract name, date, north point, scale, and sufficient boundaries to define the proposed tract;

(3)

Names and addresses. The names and addresses of the recorded owners, subdividers, engineers, or surveyors;

(4)

Adjacent streets. The location, names, and present width and grades of adjacent or abutting roads, streets, and ways;

(5)

Streets. The location, names, widths, and approximate grades of all roads, streets, ways, and rights-of-way in the proposed subdivision or to be offered for dedication;

(6)

Contour lines. Contour lines spaced sufficiently close to clearly show the land slope. Spot elevations shall be shown in flat areas;

(7)

Flood zones. The location of all areas subject to inundation or storm water overflow, the location, width, and direction of flow of all watercourses, and the boundaries of any flood zones shown on the latest issue of the Flood Insurance Rate Map issued by the Federal Insurance Administration;

(8)

Easements. The proposed width and location of all easements for drainage, sewer, public utilities, access, and other purposes;

(9)

Lots. The approximate dimensions of all lots and radii of all curves;

(10)

Structures. The location of all existing structures to remain on the property;

(11)

Cross sections. Typical cross sections and the proposed grades of all streets, ways, and alleys and details of curbs, gutters, sidewalks, and other improvements at a scale to show clearly all details thereof; and

(12)

Building setback lines. The proposed building setbacks from the proposed property lines shall be shown for each lot.

(c)

Accompanying data. Information on the following matters shall be either on the tentative map or contained in a written statement accompanying the map:

(1)

Drainage The proposed drainage and/or flood control measures;

(2)

Water supply. Detailed information on the proposed water supply, indicating that the provisions of subsection (f) of Section 10-2.301 of Article 3 of this chapter can be complied with;

(3)

Sewage disposal. Detailed information on the proposed sewage disposal facilities, indicating that the provisions of subsection (g) of Section 10-2.301 of Article 3 of this chapter can be complied with;

(4)

Public utilities. Information on service from other public utilities;

(5)

Uses. The existing and proposed uses of property;

(6)

Public areas. The public areas proposed;

(7)

Trees, shrubs, and ground cover. All planting proposed, including erosion control planting; and

(8)

Exceptions. The justifications and reasons for any exception to the provisions of this chapter.

(d)

Additional requirements. Tentative maps shall conform to all the requirements of Article 2 of this chapter.

(Ord. 839, eff. July 14, 1983)

10-2.502 - Filing.

(a)

When required. A tentative map shall be filed with the Planning Director for any division of land into five (5) parcels or more when:

(1)

Such division of land is defined as a subdivision in the Subdivision Map Act of the State;

(2)

A tentative map is required by said Act; or

(3)

Such division of land is defined as a subdivision in subsection (b) of Section 10-2.102 of Article 1 of this chapter.

(b)

Fees. The subdivider, at the time of filing the tentative map, shall pay a filing fee established by resolution. If revisions of the initial map are filed, no additional fee need be paid, but if such additional maps or revisions show land other than, or in addition to, that shown on the initial map, or if the time for filing a final map has expired, such map shall be considered as a map of a new subdivision.

(c)

Acceptance. The time of filing a tentative subdivision map shall be construed to be the time at which the map is accepted by the Planning Director.

(d)

Receipts. Upon such acceptance a receipt shall be given for the map, accompanying data, and filing fee. Such acceptance, however, shall not preclude the securing of additional information from the subdivider as necessary for the proper consideration of the tentative map, nor shall such acceptance insure that the map does comply with the laws and the provisions of this chapter.

(Ord. 839, eff. July 14, 1983)

(a)

Action by the Town Engineer. Within five (5) working days after the receipt of the tentative map and accompanying statements, the Town Engineer shall transmit copies to all utility companies, school districts, and other public agencies affected by the proposed subdivision, together with requests for recommendations thereon.

(b)

Notices of hearings. Notices of the public hearings pursuant to this section shall be given in accordance with Sections 66451.3 and 66451.4 of the Government Code of the State.

(c)

Action by the Commission. Within thirty (30) days after the acceptance of the map by the Planning Director, unless such time is extended by agreement with the subdivider or his agent, the Commission shall meet and consider the tentative map, together with all reports pertaining thereto, and shall approve, conditionally approve, or disapprove the map. Such action shall be endorsed on the face of the tentative map. In the event the tentative map is disapproved, the reasons for such disapproval shall be stated in clear and concise terms in the minutes, together with a clear and concise statement of what, if any, changes will

render the map acceptable. One copy each of the tentative map and the minutes setting forth the action of the Commission shall be sent to the subdivider. One copy shall remain permanently in the files of the Planning Department.

(d)

Findings. The Commission, in approving a tentative map, shall make the finding that the subdivision, together with the provisions for its design and improvement, is consistent with the General Plan of the Town.

(e)

Denial: Criteria. The Commission shall deny the approval of a tentative map or a tentative parcel map if the Commission makes any of the following findings:

(1)

That the proposed map is not consistent with applicable General and Specific Plans;

(2)

That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans;

(3)

That the site is not physically suitable for the type of development;

(4)

That the site is not physically suitable for the proposed density of development;

(5)

That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

(6)

That the design of the subdivision or the type of improvements is likely to cause serious public health problems; or

(7)

That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or the use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that such easements will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to a legislative body to

ing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that such easements will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to a legislative body to

determine that the public at large has acquired easements for access through or the use of property within the proposed subdivision.

(f)

Previously approved maps. The Commission shall not deny the approval of a final or parcel map if the Commission has previously approved a tentative map for the proposed subdivision and if the Commission finds that the final or parcel map is in substantial compliance with the previously approved tentative map.

(Ord. 839, eff. July 14, 1983)

(a)

Vesting Tentative Map Statute. This section is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State, referred to in this section as the Vesting Tentative Map Statute.

(b)

Purpose. It is the purpose of this article to establish the procedures necessary for the implementation of the provisions of the Subdivision Map Act and local laws pertaining to subdivisions. Except as otherwise set forth in this section, all the provisions of this Code pertaining to subdivisions shall apply to this section.

(c)

Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable Specific Plan or not permitted by the zoning or other provisions of this Code.

(d)

Definitions. For the purposes of this section:

(1)

"Vesting tentative map" shall mean a "tentative map" as defined in this chapter which map guarantees the applicant's right for a period of time as specified in this section to proceed with the development of the subject property in substantial compliance with the approved tentative map and with the ordinances, policies, and standards in effect at the time the application for a vesting tentative map is determined to be complete.

(2)

A vesting tentative map shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with subsection (f) of this section and is thereafter processed in accordance with the provisions of this section.

(3)

All other definitions set forth in this chapter shall be applicable.

(e)

Application.

(1)

This section shall apply only to residential developments prior to January 1, 1988, but, subsequent to such date, shall apply to both residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Code, requires the filing of a tentative subdivision map or tentative parcel map for a development, a vesting tentative map may instead be filed in accordance with the provisions of this section.

(2)

If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(f)

Filing and processing A vesting tentative map shall be filed in the same form, and have the same contents, accompanying data, and reports, and shall be processed in the same manner as set forth in this chapter for a tentative map, except as follows:

(1)

At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(2)

At the time a vesting tentative map is filed, a subdivider shall also concurrently apply for, and provide application material for, environmental and design review approval and any use permits required by the zoning designation.

(3)

The subdivider shall also supply any additional information required and meet any additional requirements imposed by the Town during the vesting tentative map approval process.

(4)

The subdivider shall secure Town approval of the additional required items set forth in this subsection prior to receiving approval of the vesting tentative map.

(g)

Fees. Upon filing a vesting tentative map, the subdivider shall pay all fees required by resolution for the filing and processing of a vesting tentative map, including those fees required for separate but associated and required applications.

(h)

Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this chapter for the expiration of the approval or conditional approval of a tentative map.

(i)

Vesting on approval of vesting tentative maps.

(1)

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66474.2 of the Government Code of the State.

(2)

Notwithstanding the provisions of subsection (1) of this subsection, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following is determined:

(i)

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

(ii)

The condition or denial is required in order to comply with State or Federal laws.

(3)

The rights-referred to in this subsection (i) shall begin upon the approval of the vesting tentative map. The rights referred to in this subsection (i) shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in subsection (h) of this subsection. If the final map is approved, such rights shall last for the following periods of time:

(i)

An initial time period of one year beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for such phase is recorded.

(ii)

The initial time period set forth in subsection (i) of this subsection shall be automatically extended by the amount of time required for processing a complete application for a grading permit or for design or architectural review if the time required for processing such application exceeds thirty (30) days from the date a complete application is filed.

(iii)

A subdivider may apply to the Planning Commission for a one-year extension at any time before the initial time period set forth in subsection (i) of this subsection expires. If the extension is denied, the subdivider may appeal such denial to the Council within ten (10) days.

(iv)

If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections (i), (ii), and (iii) of this subsection, the rights referred to in this subsection shall continue until the expiration of such permit or any extension which has been approved for such building permit.

(j)

Amendments. An approved or conditionally approved vesting tentative map shall be subject to the same amendment procedures and fees as established by this chapter for a tentative map.

(Ord. 880, eff. April 24, 1986, as amended by § 1, Ord. 894, eff. January 21, 1988)

Article 6. - Final Maps

(a)

Preparation. The Final map shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor, shall be based upon a survey, and shall conform to all of the provisions of this section.

(b)

Materials. The final map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record, in black, on tracing cloth or polyester base film. The certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(c)

Size. The size of each sheet shall be eighteen (18″) inches by twenty-six (26″) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the final map shall be large enough to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

(d)

Tract information. Every sheet comprising the final map shall bear the tract name, scale, north point, legend, sheet number, and number of sheets comprising the map. The title sheet shall contain the name of the tract and, if any of the land being subdivided has been previously shown on a recorded map, a subtitle referring to such recorded map. Below the name of the tract shall be clearly noted the basis of bearing for the survey. The tract name shall not be the same as the name of any existing city, town, tract, or subdivision of land into lots in the County of which a map or plot has been previously recorded, nor shall such name be so nearly the same as to mislead the public or cause confusion as to the identity thereof.

(e)

Survey data. All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including the bearings and distances of straight lines, and radii and arc length or chord bearings and lengths for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

(f)

Parcel and block numbers and street names. Each parcel shall be numbered, and each block may be numbered or lettered. Each street shall be named.

(g)

Boundary information. The exterior boundaries of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The final map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. The location of a designated "remainder" parcel shall be indicated, but need not be indicated as a matter of survey but only by deed reference to the existing boundaries of such remainder if such remainder has a gross area of five (5) acres or more.

(h)

Conformance with local laws. The final map shall conform to any additional survey and map requirements of local laws.

(i)

Streets. The final map shall show the side lines, total width, width of the portion being dedicated, and width of existing dedications of all streets.

(j)

Easements. The final map shall show the location and width of all easements to which the lots are subject. The easements shall be clearly labeled and identified and, if already of record, recorded references given. If any easement is not definitely located of record, a statement of such easement shall appear on the title sheet. Easements for storm drains, sewers, and other purposes shall be designated by dashed lines. Distances and bearings on the side lines of lots which are cut by an easement shall be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The width of the easement, and

the length and bearings of the lines thereof, and sufficient ties thereto to definitely locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the map, it shall be properly set out in the owner's certificate of dedication. Guy wires and appurtenances supporting public utility poles shall be located within the public utility easement area.

(k)

Parcel boundaries. The final map shall particularly define, delineate, and designate all lots intended for sale or reserved for private purposes and all parcels offered for dedication for any purpose, with all dimensions, boundaries, and courses clearly shown and defined in every case. Any or all of the parcels, other than streets, intended for the exclusive use of the lot owners, and their licensees, visitors, tenants, and servants, in the subdivision shall be offered for dedication for public use. Parcels offered for dedication but not accepted shall be clearly designated as such on the map.

(l)

Building setback lines. The final map shall show all building setback lines which shall be clearly dimensioned from each parcel boundary. Where such setbacks are the same for a number of lots, a typical lot may be delineated and a reference note used to indicate that other parcels are the same.

(m)

Certificates. The following certificates and acknowledgments and all others required by law shall appear on the final map, and such certificates may be combined where appropriate:

(1)

Owners. A certificate signed and acknowledged by all parties having any record title interest in the land consenting to the preparation and recordation of the final map; provided, however, the signatures of parties owning the following types of interests may be omitted if their names and the nature of their interests are endorsed on the map:

(i)

Rights-of-way, easements, or other interests, none of which can ripen into a fee;

(ii)

Rights-of-way, easements, or reversions which, by reason of changed conditions, long disuse, or laches, appear to be no longer of practical use or value and for which signatures are impossible or impracticable to obtain. In such cases a reasonable statement of the circumstances preventing the procurement of the signatures shall be endorsed on the map; and

(iii)

Where practical difficulties exist, ownership certification, attested, may be made by separate instrument to be recorded concurrently with the map;

(2)

Dedication. A certificate for execution, acknowledged as prescribed in subsection (1) of this subsection, offering for dedication for public use those certain parcels of land which such parties desire to dedicate;

(3)

Civil engineer. A certificate by the civil engineer or the licensed surveyor responsible for the survey and final map. The signature of such civil engineer or surveyor shall be attested, unless accompanied by his seal;

(4)

Town Engineer. A certificate for execution by the Town Engineer;

(5)

Commission. A certificate for execution by the Planning Director for the Commission;

(6)

County Recorder. A certificate for execution by the County Recorder;

(7)

County Auditor. A certificate for execution by the County Auditor stating that according to the records of his office there are no liens against the subdivision, or any part thereof, for unpaid Federal, State, County, municipal, or local taxes or special assessments not yet payable; and

(8)

Council. A certificate for execution by the Mayor, and attested by the Town Clerk, accepting or not accepting the areas dedicated for public use.

(Ord. 839, eff. July 14, 1983)

Within a period of twenty-four (24) months after the approval or conditional approval of the tentative map, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a final map to be prepared in accordance with the tentative map as approved. Upon the application of the subdivider, an extension of not exceeding one year may be granted by the Commission. Any failure to record a final map within the period prescribed by this chapter after the approval or conditional approval of the tentative map, or any extension thereof granted by the Commission, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted.

The final map shall be accompanied by the following data and materials:

(a)

Conforming map. A final map conforming to Section 10-2.601 of this article and containing all the necessary signatures (except the signatures of the Town Engineer, the Planning Director, the Council, when

required, and the County) affixed to the certificates and acknowledgments set forth in subsection (m) of Section 10-2.601 of this article;

(b)

Traverse sheets. A traverse sheet or sheets in a form approved by the Town Engineer giving the latitudes and departures and/or coordinates of the boundaries of the subdivision and blocks and lots therein;

(c)

Prints. In addition to the tracings, there shall be filed one (1) set of heavy sepia prints and two (2) sets of blue line or black line prints. All prints shall be made after all required signatures have been made on the tracings;

(d)

Certificates of title. There shall be filed with the final map evidence of title, issued by a reputable title insurance company, showing the names of all persons having any right, title, or interest in the lands proposed to be subdivided and whose consent is necessary to convey clear title to the land;

(e)

Improvement bonds. Improvement bonds subject to the conditions of Section 10-2.305 of Article 3 of this chapter if the improvements required by Section 10-2.301 of Article 3 of this chapter have not been completed satisfactorily before the final map is filed;

(f)

Other evidence. Any other evidence and material which may be required by law or by the conditions of approval of the tentative map; and

(g)

Fees. The fee for processing, checking, and recording the final map shall be as established by resolution.

(Ord. 839, eff. July 14, 1983)

(a)

Town Engineer action. It shall be the duty of the Town Engineer to examine and check the final map as to the sufficiency of affidavits, consents to the making thereof, certificates of dedications, acceptance of dedications, acknowledgments, corrections of surveying data and computations, and its compliance with the changes or alterations designated upon the tentative map and such other maps which require checking to insure compliance with the laws and with the provisions of this chapter. The Town Engineer shall certify to the correctness of the map and transmit it to the Commission.

(b)

Commission action. If the final map has been certified as correct by the Town Engineer, the Commission, at its next meeting or within a period of not more than thirty-five (35) days after such filing, shall approve the final map if the map conforms with all the requirements of the Subdivision Map Act of the State, this chapter, or any other rulings made thereunder.

(c)

Council action. If there are dedications involved, the Commission shall present the final map, with its recommendations, to the Council at its next regular meeting for which the agenda deadline has not passed. The Council shall accept or reject any or all offers of dedication.

(d)

Recording. Upon the approval of the final map, and after the signatures and seals have been affixed, the Planning Director shall transmit the map to the County Recorder and pay the County Recorder a sum set by the County from the General Fund of the Town as a recording fee. Such sum shall be a part of the sum originally paid by the subdivider as a filing fee.

(e)

Abandonment of proceedings. In the event the proceedings are abandoned or a final map is never recorded, all fees previously paid by the applicant shall be declared a filing fee, and no part shall be returned to the applicant.

(Ord. 839, eff. July 14, 1983)

Article 7. - Parcel Maps

For the purposes of this chapter, "parcel split" shall mean any real property, improved or unimproved, or a portion thereof, shown on the latest adopted County tax roll as a unit, or as contiguous units, which is divided for the purpose of sale, lease, financing, or any other purpose, whether immediate or future, by any person, into four (4) or fewer lots.

(Ord. 839, eff. July 14, 1983)

10-2.702 - Sales of parcel splits or parts before parcel map approval.

(a)

Except as otherwise provided in Section 10-2.703 of this article, no person shall offer to sell, contract to sell or sell, offer for lease or lease, or finance or refinance any parcel split, or any part thereof, until a parcel map thereof has been filed and approved in accordance with the requirements of this article.

(b)

Any deed of conveyance, sale, contract to sell, lease, or finance made contrary to the provisions of this article, in addition to being a misdemeanor, shall be voidable to the extent and in the same manner as

provided in Article 3 of Part 2 of Division 4 of the Business and Professions Code of the State.

(Ord. 839, eff. July 14, 1983)

A person may offer to sell, or contract to sell, a parcel split prior to the approval thereof in accordance with the requirements of this article only if the offer to sell, or contract to sell, provides in writing that the transfer of title and close of escrow, if any, are conditioned upon the approval of the final parcel map in accordance with the requirements of this article prior to the consummation of the sale.

(Ord. 839, eff. July 14, 1983)

(a)

Filing: Form. Any person, or his appointed agent, owning real property and desiring the approval of a parcel map shall submit to the Planning Department an application, together with a tentative map showing the proposed parcel split prepared by a licensed land surveyor or registered civil engineer, and signed by such owner or agent. The tentative parcel map shall conform substantially with the requirements for a tentative subdivision map as set forth in Article 5 of this chapter. The Planning Department shall transmit one copy of the print to all utilities involved for comments.

(b)

Notices of hearing. Notices of the public hearings pursuant to this section shall be given in accordance with Sections 66451.3 and 66451.4 of the Government Code of the State.

(c)

Action by the Commission. The Commission shall have thirty (30) days after the filing of the tentative map to approve, conditionally approve, or deny the approval of such map in the manner set forth in subsection (c) of Section 10-2.503 of Article 5 of this chapter. If such action is not taken within such time period, the tentative map shall be deemed approved.

(Ord. 839, eff. July 14, 1983)

The fee for filing a parcel map pursuant to the provisions of this article shall be as provided by resolution and shall be payable at the time of filing the map.

(Ord. 839, eff. July 14, 1983)

(a)

The standards prescribed by this chapter for subdivisions shall apply to the parcel maps required by the provisions of this article.

(b)

The Commission may make exceptions to such standards provided it first finds all of the following:

(1)

That the strict application of any standard prescribed by the provisions of this chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this chapter;

(2)

That there are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property being subdivided or resubdivided;

(3)

That the granting of the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity; and

(4)

That the granting of the exception will not be contrary to the objectives of this chapter.

Such findings shall state the reasons and grounds for making such exceptions.

(c)

Additional requirements shall be imposed by the Commission when it determines that such requirements are necessary to preserve the purpose and intent of this article and of Chapter 3 of this title relating to zoning to conform to the character of improvements and lot design of the neighborhood and for the improvement of public and private streets, ways, or easements as may be necessary for traffic, drainage, and sanitary needs. The Commission may require offers of dedication for rights-of-way or easements, and, if so required, such offers of dedication shall be shown with acceptance or rejection by the Council and recorded on the final parcel map. Private easements appurtenant to the new lots shall be shown on the map.

(Ord. 839, eff. July 14, 1983)

Within two (2) years after the action of the Commission approving or imposing conditions upon the application and tentative map, the applicant shall cause the parcel split to be surveyed and a final parcel map to be prepared and submitted for recording if all the conditions imposed have been fulfilled. A subsequent approval of the tentative map upon the fulfillment of conditions shall not be construed as extending the time within which the final map may be filed for approval, but, for good cause shown, the

Commission may grant an extension of time not exceeding one year. Failure to file a final map within the original and/or extended time period granted as provided in this section shall terminate all proceedings.

(Ord. 839, eff. July 14, 1983)

(a)

The final parcel map shall be prepared by a registered civil engineer or licensed land surveyor, and it shall substantially conform to the approved tentative map and any conditions attached thereto. Such parcel map shall show:

(1)

The title of the map and the name and legal designation of the tract or grant in which the survey is located and ties to adjoining tracts;

(2)

All monuments found, set, reset, replaced, or removed, describing their kind, size, and location, and giving other data relating thereto. Permanent monuments shall be set for all new lines created by the parcel split. This requirement may not be waived;

(3)

The bearing or witness monuments, the basis of bearing, the bearing and length of the lines, and the scale of the map;

(4)

The area of each lot in acres, and hundredths thereof, or in square feet;

(5)

Any required easements or dedications in the manner set forth in subsection (c) of Section 10-2.706 of this article;

(6)

All easements of record; and

(7)

Certificates as follows:

(i)

A certificate signed and attested by all parties having any record title interest in the land consenting to the preparation and recordation of the final map;

(ii)

A certificate for execution, attested as set forth in subsection (i) of this subsection, offering for dedication for public use those parcels of land which such parties desire or are required to dedicate;

(iii)

A certificate by the civil engineer or the licensed surveyor responsible for the survey and final map. The signature of such civil engineer or surveyor shall be attested, unless accompanied by his seal;

(iv)

The Town Engineer;

(v)

The Planning Director; and

(vi)

The County Recorder.

(b)

At the time of acting upon a tentative parcel map or at any time prior to the filing of the final parcel map, the Town Engineer may waive, modify, or amplify any of the requirements of this section for a final parcel map if he finds that such action is necessary to avoid practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this article and that such waiver or modification will not be contrary to the objectives of this article.

(Ord. 839, eff. July 14, 1983)

(a)

When the requirements of this article, including those required for final maps by Section 10-2.602 of Article 6 of this chapter, relating to the preparation and timely filing of the final parcel map are found to have been met, the Town Engineer shall record the map as set forth in subsection (d) of Section 10-2.603 of Article 6 of this chapter.

(b)

Notwithstanding the provisions of this article relating to the fulfillment of all conditions prior to the approval of the application and tentative map, an agreement may be made to construct public improvements when such improvements are necessary to preserve the general purpose and intent of the zoning provisions and of this article; provided, however, no such agreement shall be valid until it is secured by a good and sufficient surety bond or cash deposit adequate to cover all costs and administrative expenses of the installation in case of default. Agreements relating to utility facilities, if made, shall be executed by the

utilities involved, and agreements relating to all other public improvements to be made shall be executed by the Town Engineer.

(Ord. 839, eff. July 14, 1983)

(Ord. No. 1159, § 2, 12-14-2021; Ord. No. 1160, § 2, 12-14-2021)

10-2.710 - Relocation of lot lines.

(a)

The Community Development Director, or designee, is authorized to approve lot line relocations provided that:

(1)

The resultant lots created do not:

i.

Create an additional lot in any zone or make an otherwise ineligible site eligible for an Urban Lot Split or Ministerial Housing Unit pursuant to Title 10, Chapter 4; and

ii.

Cut off any lot from frontage on a public street or alley or access to a public utility easement; and

iii.

Create any new nonconforming zoning conditions; and

iv.

Cut off any lot from any utility service available prior to the lot line relocation.

(2)

When existing lots do not conform to all applicable physical and use requirements of this title, the resultant lots will increase pre-existing nonconformities; and

(3)

Resultant lots will be adequate in size and shape to accommodate the uses permitted in the applicable Zoning District and all yards, open spaces, walls and fences, vehicular access, parking, landscaping, and other features required by this title.

(b)

Applications shall be made to the Planning Department, accompanied by a map showing the existing and proposed lot lines prepared by a licensed civil engineer or surveyor.

(c)

New lot corners and/or angle points shall be monumented after approval as required by the Community Development Director, or designee.

(d)

The fee for processing a lot line relocation shall be set by resolution.

(e)

The transfer of property involved in a lot line relocation shall be made by a properly executed grant deed provided to, and recorded concurrently with the final parcel map by, the Planning Department.

(Ord. 839, eff. July 14, 1983)

(Ord. No. 1159, § 3, 12-14-2021; Ord. No. 1160, § 3, 12-14-2021; Ord. No. 2025-1190, § 2(Exh. A)(2), 5-272025)

Editor's note— Ord. No. 2025-1193, § 2(Exh. A)(1), adopted October 28, 2025, repealed § 10-2.711, which pertained to Urban Lot Splits pursuant to Government Code 66411.7. and derived from Ord. No. 1159, § 4, adopted December 14, 2021; Ord. No. 1160, § 4, adopted 14, 2021; Ord. No. 2025-1190, § 2(Exh. A)(3), adopted May 27, 2025.

Article 8. - Other Maps

A final map may be filed for the purpose of showing as acreage land previously subdivided into numbered or lettered parcels. No tentative map shall be required, and, if sufficient record data exists from which an accurate map may be compiled, no survey or certificate of any surveyor or engineer shall be required, except the certificate of the Town Engineer certifying to the correctness of the map.

(Ord. 839, eff. July 14, 1983)

Article 9. - Exceptions

10-2.901 - Applications and recommendations.

(a)

The Commission may authorize conditional exceptions to any of the requirements and regulations set forth in this chapter. For all subdivisions, an application for any such exception shall be made by a verified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the Commission find the following facts with respect thereto:

(1)

That there are special circumstances or conditions affecting such property;

(2)

That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and

(3)

That the granting of the exception will not be detrimental to the public welfare nor injurious to other property in the territory in which such property is situated.

(b)

In making such exceptions, the Commission shall secure substantially the objectives of the regulations to which the exceptions are granted as to light, air, and the public health, safety, convenience, and general welfare.

(c)

In authorizing any exception under the provisions of this section, the Commission shall make findings with respect thereto and shall specifically and fully set forth the conclusions which justify the exception and the conditions designated.

(d)

In all cases in which such exceptions are authorized, the Commission shall require such evidence as the Commission deems necessary that the conditions required in connection with such exceptions are being complied with.

(e)

Should the subdividers be dissatisfied with the action of the Commission, they shall have the right within ten (10) days after the decision of the Commission to appeal the decision to the Town Council.

(Ord. 839, eff. July 14, 1983, as amended by § 1, Ord. 894, eff. January 21, 1988)

Article 10. - Violations and Remedies

(a)

It shall be unlawful for any person to offer to sell, to contract to sell, or to sell any subdivision, or any part thereof, until a final map in full compliance with the provisions of this chapter and the Subdivision Map Act of the State has been duly recorded or filed in the office of the County Recorder.

(b)

It shall also be unlawful for any person to offer to sell, to contract to sell, or to sell any subdivision or any part thereof until all of the provisions of Article 7 of this chapter have been complied with.

(c)

Nothing contained in subsections (a) and (b) of this section shall be deemed to prohibit an offer or contract to sell, lease, or finance real property or to construct improvements thereon where such sale, lease, or financing or the commencement of such construction is expressly conditioned upon the approval and filing of a final subdivision map or parcel map as required by this chapter.

(Ord. 839, eff. July 14, 1983)

Nothing contained in this chapter shall be deemed to bar any legal, equitable, or summary remedy to which the Town or any other political subdivision or any person may otherwise be entitled, and the Town or any political subdivision or person may file a suit in the Superior Court of the County to restrain or enjoin any attempted or proposed subdivision or sale in violation of this chapter.

Any conveyance, sale, or contract to sell made contrary to the provisions of this chapter shall be voidable at the option of the grantee, buyer, or person contracting to purchase, or his heirs, personal representative, or trustee in insolvency or bankruptcy, within one year after the date of the execution of the deed of conveyance, sale, or contract of sale.

(Ord. 839, eff. July 14, 1983)

Chapter 3 - ZONING*

Sections:

Article 1. - Adoption of Zoning Ordinance*

There is hereby adopted a zoning ordinance for the Town based upon the adopted General Plan. The zoning ordinance is hereby codified as Chapter 3 of Title 10 of the San Anselmo Municipal Code. The terms "Chapter 3 of Title 10 of the San Anselmo Municipal Code" and "zoning ordinance" may be used interchangeably.

(§ 1, Ord. 917, eff. February 26, 1991)

The purpose of the zoning ordinance is to refine and further define the Town's General Plan goals, objectives, policies, standards, and maps as related to the preservation, enhancement, and development of the Town. The zoning ordinance establishes uses of the land which are permitted and conditionally permitted based upon provisions of the General Plan and applicable provisions of Federal and State laws and codes related to the regulation of land uses. The zoning ordinance establishes development standards

deemed the minimum necessary to promote and protect the public health, safety, and general welfare of the Town.

(§ 1, Ord. 917, eff. February 26, 1991)

Where conflicts between the General Plan and zoning ordinance occur, the provisions of the General Plan, as defined by its goals, objectives, policies, standards, and maps, shall prevail.

(§ 1, Ord. 917, eff. February 26, 1991)

10-3.104 - Conflicts within the zoning ordinance.

Where conflicts between general and specific provisions of the zoning ordinance occur, the most restrictive provision shall prevail.

(§ 1, Ord. 917, eff. February 26, 1991)

The zoning ordinance applies to all private, public, quasi-public, institutional, and public utility properties and all lands, buildings, structures, and improvements within the corporate limits of the Town. All uses of the land contrary to the provisions of the zoning ordinance shall be unlawful.

(§ 1, Ord. 917, eff. February 26, 1991)

• Articles 8 through 17 renumbered by codifier in order to facilitate organization of the chapter.

Article 2. - Designation and Establishment of Districts

The Town is hereby divided into Zoning Districts based upon the intent of the General Plan, as follows:

(a)

Very Low Density Residential (R-1-H) District. This District is reflected on the General Plan Land Use Map as "Very Low Density Residential," which allows a maximum density of one (1) residential unit for each gross acre of land, with a maximum population density of four (4) persons for each acre of land. This District is generally applied to the primary ridges and ridge zone land areas of the Town as identified by the General Plan Land Use and Open Space Elements. The purpose of this District is to preserve and maintain the natural land forms and vegetation of the Town's primary ridges and ridge zone areas by limiting development as defined by the Town's General Plan, to further the Town's open space objectives as described in the General Plan, and to recognize and work in concert with the environmental opportunities and constraints of these unique and sensitive areas. The General Plan accomplishes these goals by limiting development to a maximum density of one (1) residential unit per acre and by providing for a thorough and tiered review and approval process for new development on undeveloped land, for certain reconstruction of existing development, and for certain expansions of existing development. The maximum number of

dwelling units allowed on each parcel in the R-1 H District shall not exceed the number of dwelling units designated for each parcel listed in the official "Table of R-1 H (Hillside Density District) Parcels," referred to as Table 4D. Within a subdivision, single-family detached homes may be located on lots smaller than one (1) acre, provided that said location of single-family detached homes attains the desired open space objectives or reduces the visual impact of the proposed development, and providing the overall subdivision density does not exceed the maximum gross density allowed by the designated land use. Exceptions to these standards for the R-1 H and R-1 C Zoning Districts may be allowed or required by the Planning Commission when such exceptions would result in a more desirable development and are warranted based on information developed through the review process and the exceptions are consistent with the goals, policies and objectives of the San Anselmo General Plan. Accessory dwelling units are permitted as an accessory residential use that is consistent with the General Plan and shall not be considered to exceed the allowable density. Small two (2) unit developments that comply with Chapter 4 are permitted.

(b)

Single-Family Residential-Conservation (R-1-C) District. This District is reflected on the General Plan Land Use Map as "Low Density Residential Conservation," which allows a maximum density of one (1) residential unit for each gross acre of land, with a maximum population density of four (4) persons for each gross acre of land. This District is generally applied to those developed and undeveloped lots ranging from one (1) to two (2) acres in size and located at or above one hundred fifty (150) feet above Mean Sea Level and excepting those areas designated as "Very Low Density Residential" by the General Plan Land Use Element. The purpose of this District is to (1) require design review for most exterior improvements; (2) limit the overall density within the district to a maximum of one (1) residential dwelling unit per acre of land; and (3) maintain and enhance the natural land forms and vegetation of the Town's secondary ridgelines and hillside areas by limiting development density and through the careful review of architectural design and site development characteristics for new development on undeveloped land, for certain reconstruction of existing development, and for certain expansions of existing development. Within a subdivision, singlefamily detached homes may be located on lots smaller than one (1) acre, provided that said location of single-family detached homes attains the desired open space objectives or reduces the visual impact of the proposed development, and providing the overall subdivision density does not exceed the maximum gross density allowed by the designated land use. Exceptions to these standards for the R-1 H and R-1 C Zoning Districts may be allowed or required by the Planning Commission when such exceptions would result in a more desirable development and are warranted based on information developed through the review process and the exceptions are consistent with the goals, policies and objectives of the San Anselmo General Plan. Accessory dwelling units are permitted as an accessory residential use that is consistent with the General Plan and shall not be considered to exceed the allowable density. Small two (2) unit developments that comply with Chapter 4 are permitted.

(c)

Single-Family Residential (R-1) District. This District is reflected on the General Plan Land Use Map as "Single-Family Residential," which allows a density range of between one (1) and six (6) residential units for each acre of land, with a maximum population density of eighteen (18) persons for each gross acre of land. The minimum lot area for R-1 lots shall also be regulated by the Slope Density Table, referred to as Table 4C. No allowance for rounding up shall be granted for the last lot in a subdivision which only partially meets the minimum lot area requirements. This District is generally applied to established residential

h a maximum population density of eighteen (18) persons for each gross acre of land. The minimum lot area for R-1 lots shall also be regulated by the Slope Density Table, referred to as Table 4C. No allowance for rounding up shall be granted for the last lot in a subdivision which only partially meets the minimum lot area requirements. This District is generally applied to established residential

neighborhoods characterized by single-family detached residential units on conventional lots. The majority of the land area in this District has previously been developed. Additionally, this District is applied to lots located at or above one hundred fifty (150) feet above Mean Sea Level which are further regulated through the requirement for the careful review of architectural design and site development characteristics for new development on undeveloped land, for certain reconstruction of existing development, and for certain expansions of existing development. Accessory dwelling units are permitted as an accessory residential use that is consistent with the General Plan and shall not be considered to exceed the allowable density. Small two (2) unit developments that comply with Chapter 4 are permitted.

(d)

Medium Density Residential (R-2) District. This District is reflected on the General Plan Land Use Map as "Medium Density Residential," which allows a density range of between six (6) and twelve (12) residential units for each acre of land, with a maximum population density of twenty-eight (28) persons for each gross acre of land. The minimum lot area for all newly created R-2 lots shall be as described in this title. No allowance for rounding up shall be granted for the last lot in a subdivision, which only partially meets the lot area requirement. This District is generally applied to lands adjacent to Sir Francis Drake Boulevard and to land areas abutting or facing commercial land uses. Lots within the District will be developed with either duplex or triplex style development, although lots developed with a single-family detached residential unit and any associated accessory dwelling unit will also be permitted.

(e)

High Density Residential (R-3) District. This District is reflected on the General Plan Land Use Map as "High Density Residential," which allows a density range of between thirteen (13) and thirty (30) residential units for each acre of land, with a maximum population density of forty-two (42) persons for each gross acre of land. The minimum lot area for all newly created R-3 lots shall be as described in this title. No allowance for rounding up shall be granted for the last lot in a subdivision, which only partially meets the lot area requirement. This District is generally applied to lands near commercial areas. Lots within the District will be developed with either apartment or condominium style development which reflects a compatibility with the Town's predominantly residential lower density character, although lots developed with a single-family detached residential unit and any associated accessory dwelling unit will also be permitted.

(f)

Affordable Housing Overlay (AHO) District. This District is not specifically reflected on the General Plan Land Use Map and is intended to serve as an "overlay" District to the R-3 and C-3 Districts on the Zoning Map. The purpose of the Affordable Housing Overlay Zone is to enhance the development of affordable housing by providing a tool that would allow greater densities and flexibility to development standards if at least forty (40%) percent of the total dwelling units are deed-restricted for low-income families. Applicants seeking project approval through the use of the Affordable Housing Overlay Zone have the option of utilizing the Objective Design and Development Standards in Title 3, Chapter 20 of the San Anselmo Municipal Code or the standard entitlement process associated with Section 10-3.302, Land Use Regulations Table 3A of the San Anselmo Municipal Code.

(g)

Professional (P) District. This District is reflected on the General Plan Land Use Map as "Professional." The minimum lot area for all newly created P lots shall be as described in this table. No allowance for rounding up shall be granted for the last lot in a subdivision, which only partially meets the lot area requirement. This District is generally applied to a few land areas in the vicinity of the Town's commercial area which serve as buffers or transitions between the more intense commercial development and adjoining residential development. The types of professional uses anticipated in the District are those considered compatible with residential and commercial development and which do not result in the generation of traffic, noise, or other detriments to adjacent residential development. Lots developed with a single-family detached residential use are permitted to have an accessory dwelling unit. An accessory dwelling unit is an accessory residential use that is consistent with the General Plan and does not exceed the allowable density or expand or intensify the residential use.

(h)

Neighborhood Commercial (C-1) District. This District is reflected on the General Plan Land Use Map as "Neighborhood Commercial," which allows a maximum Floor Area Ratio of 1.0, except that the maximum Floor Area Ratio for housing development projects with eight (8) to ten (10) units is 1.25. This District is generally applied to several existing small commercial areas located within established residential neighborhoods. The purpose of this District is to identify those land areas which have existing commercial development providing limited commercial opportunities to adjacent residential neighborhoods. The types of commercial uses permitted within this District are those which have a market area limited to adjoining residential neighborhoods and which do not result in the generation of traffic, illumination, noise, odors, or other impacts greater than if the District were restricted to residential uses. Examples of the types of uses anticipated within the District are small grocery and drug stores and service businesses such as dry cleaners and laundromats. Lots developed with a single-family detached residential use are permitted to have an accessory dwelling unit. An accessory dwelling unit is an accessory residential use that is consistent with the General Plan and does not exceed the allowable density or expand or intensify the residential use. The District shall have a density range of between thirteen (13) and twenty (20) residential units for each acre of land, with a maximum population density of forty-two (42) persons for each gross acre of land.

(i)

Downtown Commercial (C-2) District. This District is reflected on the General Plan Land Use Map as "Central Commercial," which allows a maximum Floor Area Ratio of 2.0. This District is generally applied to existing commercial areas along San Anselmo Avenue and Sir Francis Drake Boulevard between The Hub and Ross Avenue. The purpose of this District is to identify those areas which form the Town's central business district. Two (2) types of business are expected in this District. The primary uses expected are businesses referred to as "primary attractors," which are those which draw the majority of their customers from outside the community. Examples of these types of businesses are specialty boutiques, antique stores, restaurants, and cafes. The second type of businesses expected in the District are those which rely upon pedestrian movements generated by the primary attractors. Examples of these include small specialty shops, small food outlets (ice cream and coffee), and personal services such as barber and beauty shops. Mixed-uses, combining commercial, office, and residential uses are also allowed within the District; however, offices and residential uses are encouraged to locate above the ground floor to preserve the District's primary purpose of providing for commercial activities. Lots developed with a single-family

l food outlets (ice cream and coffee), and personal services such as barber and beauty shops. Mixed-uses, combining commercial, office, and residential uses are also allowed within the District; however, offices and residential uses are encouraged to locate above the ground floor to preserve the District's primary purpose of providing for commercial activities. Lots developed with a single-family

detached residential use are permitted to have an accessory dwelling unit. An accessory dwelling unit is an accessory residential use that is consistent with the General Plan and does not exceed the allowable density or expand or intensify the residential use. The District shall have a density range of between thirteen (13) and twenty (20) residential units for each acre of land, with a maximum population density of forty-two (42) persons for each gross acre of land.

(j)

Limited Commercial (C-L) District. This District is reflected on the General Plan Land Use Map as "Limited Commercial." This District is generally applied to properties lining both sides of Sir Francis Drake Boulevard, west of The Hub, for approximately one-quarter (¼) of a mile, ending at Bella Vista Avenue. The Land Use category was developed as part of the 1988 General Plan to allow only those commercial uses which will not result in the generation of traffic in volumes sufficient to disrupt the flow of vehicular traffic along Sir Francis Drake Boulevard. Those uses permitted will typically be low traffic generators or generate an equal or lesser number of trips during the a.m. and p.m. peak hours than the existing uses as of July 22, 1997 (the determination for vacant buildings will be the most recent use between February 26, 1991, and July 22, 1997) on Sir Francis Drake Boulevard. Those numbers of traffic trips typically generated will be obtained from the current edition of Trip Generation, Institute of Transportation Engineers. Examples of the types of uses allowed within the District are furniture and antique shops, specialty boutiques, book stores, art galleries, and personal services such as barber and beauty shops. Examples of some of the uses specifically prohibited within the District are fast food restaurants, and convenience food stores which are not in combination with a gasoline station. Residential uses are allowed within the District which provide mixed-uses, live/work arrangements, and affordable housing that will not result in significant traffic disruption along Sir Francis Drake Boulevard. Offices and residential uses are encouraged to locate above the ground floor to preserve the District's primary purpose for providing for commercial activities. Multifamily uses are encouraged to provide incentives for mass transportation use. Lots developed with a single-family detached residential use are permitted to have an accessory dwelling unit. An accessory dwelling unit is an accessory residential use that is consistent with the General Plan and does not exceed the allowable density or expand or intensify the residential use. The District shall have a density range of between thirteen (13) and thirty (30) residential units for each acre of land, with a maximum population density of forty-two (42) persons for each gross acre of land.

(k)

Commercial (C-3) District. This District is reflected on the General Plan Land Use Map as "General Commercial." This District is generally applied to those areas along Redhill Avenue, Sir Francis Drake Boulevard, and the eastern end of San Anselmo Avenue. The purpose of this District is to identify those areas of Town which will afford opportunities for various commercial activities to serve the needs of the community as well as the needs of surrounding communities. Many of the areas within the District include existing development, or have development potential, to provide for commercial uses which require significantly larger buildings than afforded in the Central Commercial District, such as full-service grocery and drug stores, major furniture and appliance stores, and shopping centers. Residential uses are allowed within the District which provide mixed-uses, live/work arrangements, and affordable housing that will not result in significant traffic disruption along Sir Francis Drake Boulevard. Offices and residential uses are encouraged to locate above the ground floor to preserve the District's primary purpose for providing for commercial activities. Multifamily uses are encouraged to provide incentives for mass transportation use.

Lots developed with a single-family detached residential use are permitted to have an accessory dwelling unit. An accessory dwelling unit is an accessory residential use that is consistent with the General Plan and does not exceed the allowable density or expand or intensify the residential use. The District shall have a density range of between thirteen (13) and thirty (30) residential units for each acre of land, with a maximum population density of forty-two (42) persons for each gross acre of land.

(l)

Public Facilities (PF) District. This District is reflected on the General Plan Land Use Map as "Public Facility." This District is generally applied to all existing major public land uses, including, but not limited to the Town Corporation Yard, Town Hall, the Police Department, the Public Library, the Fire Service buildings, public parking lots, parks and public schools. Residential uses may be permitted within the PF District.

(m)

Community Facilities (CF) District. This District is reflected on the General Plan Land Use Map as "Community Facility." This District is generally applied to certain Town-owned property and allows for private use of said properties when appropriate. Examples include the Isabel Cook Community Center and Robson Harrington House.

The hierarchy of use for Community Facilities parcels shall be in the following order, assuming substantially comparable lease terms:

1.

Public use by the Town.

2.

Rental to non-profit community organizations.

3.

Rental to other private entities.

(n)

Open Space (OS) District. This District is reflected on the General Plan Planned Land Use Map as "Open Space." This District is generally applied to land intended to be protected and managed as a natural environment with passive recreation usage and no or minimal development. Lands zoned to the OS District include existing open space areas, lands with scenic values or natural resources found to be in the public interest to preserve, or lands not suitable for development due to natural or other hazards associated with the land.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 2, Ord. 974, eff. March 15, 1996 and § 2, Ord. 986, eff. August 21, 1997)

(Ord. No. 1069, 3-24-2009; Ord. No. 1070, 4-14-2009; Ord. No. 1115, § 2, 2-28-2017; Ord. No. 1138, § 3, 9-24-2019; Ord. No. 1159, § 5, 12-14-2021; Ord. No. 1160, § 5, 12-14-2021; Ord. No. 1179, § 4(Exh. A), 8-

22-2023; Ord. No. 2025-1190, § 2(Exh. A)(4), 5-27-2025)

The Districts and their provisions apply to all private, public, quasi-public, institutional, and public utility properties and all lands, buildings, structures, and improvements within the corporate limits of the Town as delineated on the "Zoning Map of the Town of San Anselmo." The terms "Zoning Map of the Town of San Anselmo" and "Zoning Map" may be used interchangeably.

(§ 1, Ord. 917, eff. February 26, 1991)

The "Zoning Map of the Town of San Anselmo," and all amendments to that map, is hereby adopted by reference and made a part of this chapter.

(§ 1, Ord. 917, eff. February 26, 1991)

Where uncertainty exists as to the precise boundaries of any of the Districts shown on the zoning map, the following rules shall apply to all Districts:

(a)

Where boundaries are delineated as approximately following streets, alleys, or access easement lines, the centerlines of the streets, alleys, or access easements shall be construed to be the actual boundaries of the Districts.

(b)

Where boundaries are delineated as approximately following lot lines, the lot lines shall be construed to be the actual boundaries of the Districts.

(c)

Where boundaries are delineated to divide unsubdivided property, the location of the boundary, unless the boundary is indicated by dimensions shown on the zoning map, shall be determined by measuring the location of the boundary using the graphic scale appearing on the map.

(d)

In the event that further uncertainty exists as to the precise location of a District boundary, the owner of record of the property may file an application for a zoning ordinance amendment, as set forth in Article 8 of this chapter of the San Anselmo Municipal Code, for the purpose of establishing the precise location of the Zoning District boundary.

(§ 1, Ord. 917, eff. February 26, 1991)

Article 3. - Land Use Regulations

This article establishes permitted and conditionally permitted uses, and uses not permitted on lands for all Districts, based upon the General Plan and applicable provisions of Federal and State codes and regulations related to land use.

(§ 1, Ord. 917, eff. February 26, 1991)

The Land Use Regulations Table, referred to as Table 3A, lists uses of the land and indicates whether or not each use is permitted (P), conditionally permitted (C), or not permitted (-) in each Zoning District. Uses not specifically listed in the Land Use Regulations Table are specifically prohibited unless a Use Determination by the Community Development Director, or designee is made which finds the use not specifically listed is similar to another use permitted or conditionally permitted within the District.

The Residential Housing Opportunities (R-HO), Public Facilities (PF), and Open Space (OS) are not included on the Land Use Regulations Matrix. The R-HO District is an overlay District and generally allows for higher residential densities. The R-HO District is not yet designated on the zoning map and, therefore, is not currently regulated. The PF District does not include any lands not currently developed with major public facilities. Any expansion of the PF District would be preceded by the Town's acquisition of the land for a specific use or purpose, a General Plan Amendment, and a zone change. The OS District is limited to passive recreation uses. See also Title 11, Chapter 1 "Regulations for Parks and Playgrounds."

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 2, Ord. 974, eff. March 15, 1996, § 2 (Exh. A), Ord. 982, eff. May 22, 1997, § 2, Ord. 986, eff. August 21, 1997, Exh. A, Ord. 1012, eff. April 13, 2000, § 3, Ord. 1033, eff. July 24, 2003, and § 3, Ord. 1044 (part), eff. July 28, 2005)

(Ord. No. 1138, § , 9-24-2019; Ord. No. 2025-1190, § 2(Exh. A)(5), 5-27-2025)

Transportation, Communications, and Infrastructure

Notes:

(1) See definition for more information about the permitting requirements based on the type of use.

(2) Use is prohibited on lots created by California Government Code Sections 65852.21 and 66411.7.

• (3) Reference Section 10-1305 of Article 13 at this Chapter.

• (4) Reference Article 5 of this Title.

• (5) Reference Section 10-31801 at Article 18 of this Chapter.

• (6) Two permits required: one for the use and one for implementing California Government Code Sections 65852.21 and 66411.7.

• (7) Reference Section 10-1901 at Article 19 at this Chapter.

• (8) Reference Chapter 6 of this Title.

• (9) Upon change of occupancy, buildings or leasable space having a minimum of one thousand two hundred (1,200) square feet of gross floor area shall be subject to the granting of a conditional use permit and design review as set forth in Articles 13 and 15 of this Title.

(10) Residential uses are allowed only on upper floors unless the use is an owner-occupied and rental multifamily residential development with twenty (20%) percent of the units reserved for lower-income households; in which case it shall be allowed by-right pursuant to California Government Code Section 65583.2, subdivisions (h) and (i). This by-right provision applies to the following properties identified in the Housing Element: Site 2 (300 Sunny Hills Dr), Site 14 (100 Center Blvd), Site 19 (330 Red Hill Ave), Site 21 (100 Red Hill Ave and APN 006-167-06), Site 22 (6 Red Hill Ave.), Site 24 (208 Greenfield Ave., 222 Greenfield Ave., 224 Greenfield Ave., 270 Greenfield Ave.), Site 25 (5 W. Hillside Ave.), Site 26 (6 W. Hillside Ave, 130 Greenfield Ave.), Site 40 (120 Sir Francis Drake Blvd.; 130 Sir Francis Drake Blvd.), Site 50 (121 San Anselmo Ave.), and Site 61 (305 San Anselmo Ave).

(11) Conditional Use Permit is required unless the project meets the qualifications for Town review under Section 6409(a) of the Middle Class Tax Relief and Job Creation Action of 2012 47 U.S.C. § 1455(a).

• (12) Up to thirty (30%) percent of the use may be permitted when it is ancillary to the primary permitted commercial use.

(13) Reference Section 10-3-1304 of Article 13 of this Chapter.

(14) For properties south of Ross Avenue, residential uses are allowed only on upper floors or behind the ground floor commercial/office use unless the use is an owner-occupied and rental multifamily residential development with twenty (20%) percent of the units reserved for lower-income households; in which case it shall be allowed by-right pursuant to California Government Code Section 65583.2, subdivisions (h) and (i). This by-right provision applies to the following properties identified in the Housing Element: Site 2 (300 Sunny Hills Dr), Site 14 (100 Center Blvd), Site 19 (330 Red Hill Ave), Site 21 (100 Red Hill Ave and APN 006-167-06), Site 22 (6 Red Hill Ave.), Site 24 (208 Greenfield Ave., 222 Greenfield Ave., 224 Greenfield Ave., 270 Greenfield Ave.), Site 25 (5 W. Hillside Ave.), Site 26 (6 W. Hillside Ave, 130 Greenfield Ave.), Site 40 (120 Sir Francis Drake Blvd.; 130 Sir Francis Drake Blvd.), Site 50 (121 San Anselmo Ave.), and Site 61 (305 San Anselmo Ave).

(15) Required to obtain a Conditional Use Permit for occupation at the ground floor level.

(16)A residential use(s) associated with a mixed-use development(s) shall occupy at least fifty (50%) percent of the total floor area.

(17) Dependent upon the maximum density permitted for the site, up to six residential units are permitted. More than six units per site requires a Conditional Use Permit unless: a) project seeks approval through the Title 10 Chapter 20, Objective Design Standards for Residential Development or b) the use is an owner-occupied and rental multifamily residential development with twenty (20%) percent of the units reserved for lower-income households; in which case it shall be allowed by-right pursuant to California Government Code Section 65583.2, subdivisions (h) and (i). This by-right provision applies to the following properties identified in the Housing Element: Site 2 (300 Sunny Hills Dr), Site 14 (100 Center Blvd), Site 19 (330 Red Hill Ave), Site 21 (100 Red Hill Ave and APN 006-167-06), Site 22 (6 Red Hill Ave.), Site 24 (208 Greenfield Ave., 222 Greenfield Ave., 224 Greenfield Ave., 270 Greenfield Ave.), Site 25 (5 W. Hillside Ave.), Site 26 (6 W. Hillside Ave, 130 Greenfield Ave.), Site 40 (120 Sir Francis Drake Blvd.; 130 Sir Francis Drake Blvd.), Site 50 (121 San Anselmo Ave.), and Site 61 (305 San Anselmo Ave).

(18) If the use is an owner-occupied and rental multifamily residential development with twenty (20%) percent of the units reserved for lowerincome households; it shall be allowed by-right pursuant to California Government Code Section 65583.2, subdivisions (h) and (i). This byright provision applies to the following properties identified in the Housing Element: Site 2 (300 Sunny Hills Dr.), Site 14 (100 Center Blvd.), Site 19 (330 Red Hill Ave.), Site 21 (100 Red Hill Ave. and APN 006-167-06), Site 22 (6 Red Hill Ave.), Site 24 (208 Greenfield Ave., 222 Greenfield Ave., 224 Greenfield Ave., 270 Greenfield Ave.), Site 25 (5 W Hillside Ave.), Site 26 (6 W. Hillside Ave., 130 Greenfield Ave.), Site 40 (120 Sir Francis Drake Blvd., 130 Sir Francis Drake Blvd.), Site 50 (121 San Anselmo Ave.), and Site 61 (305 San Anselmo Ave.).

(19) Pursuant to California Government Code section 65850.7, this ongoing Ordinance requires no permit for Zero Emission Fueling Stations, with the exception of Hydrogen Fueling Stations.

(20) Pursuant to California Government Code section 65850.7, until 2030, Hydrogen Fueling Stations are permitted with a CUP when located on the site of an existing Gas Station land use.

(Ord. No. 1069, 3-24-2009; Ord. No. 1098, § 1, 1-13-15; Ord. No. 1099, § 1, 1-13-2015; Ord. No. 1115, § 2, 2-28-2017; Ord. No. 1118, § 3, 10-24-2017; Ord. No. 1119, § 2, 12-12-2017; Ord. No. 1126, § 4, 9-112018; Ord. No. 1150 § 2(Exh. 1), 9-22-2020; Ord. No. 1151, §§ 3, 4, 2-23-2021; Ord. No. 1152, § 2, 3-92021; Ord. No. 1159, § 6, 12-14-2021; Ord. No. 1160, § 6, 12-14-2021; Ord. No. 1179, § 4(Exh. A), 8-222023; Ord. No. 1183, § 3, 12-12-2023; Ord. No. 1184, § 2, 1-9-2024; Ord. No. 1186, § 2(Exh. A-2), 4-92024; Ord. No. 2025-1190, § 2(Exh. A)(5), 5-27-2025)

The following accessory uses, in addition to those listed in the Land Use Regulations Table, shall be permitted:

(a)

The operation of necessary service facilities and equipment in connection with schools, colleges, and other institutions when located on the lot of the primary use;

(b)

Recreation, refreshment, and service buildings in public parks, playgrounds, and golf courses.

(§ 1, Ord. 917, eff. February 26, 1991; § 2 (Exh. 2), Ord. 998, eff. August 13, 1998, as amended by § 3, Ord. 1044 (part), eff. July 28, 2005)

Article 4. - Development Standards.

This article establishes the development standards deemed the minimum necessary to promote and protect the public health, safety, and general welfare of the Town.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1069, 3-24-2009)

The Development Standards Table, referred to as Table 4A, lists the development standards for each Zoning District. Deviations from development standards set forth in the Development Standards Table, referred to as Table 4A, may only be permitted by (1) an exception; (2) a minor exception; or (3) a design review, each of which are listed on the Minor Intrusions into Required Development Standards For Residential Properties Table, referred to as Table 4B; or (4) a variance by the Planning Commission as set

forth in Section 10.3.1404(b) of this chapter of the San Anselmo Municipal Code; or (5) pursuant to specific exceptions for certain two-unit developments and subdivisions set forth in Chapter 4, Housing Developments Under Government Code Section 65852.21, and Chapter 6, Accessory Dwelling Units.

The Residential Housing Opportunities (R-HO), Public Facilities (PF), and Open Space (OS) Districts are not included on Table 4A. The R-HO District is an overlay district and utilizes development standards for the underlying District. The PF and OS Districts do not include any development standards but allow for the use of development standards appropriate to the specific use or project site as determined by the Planning Commission or the Town Council.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by Exh. A, Ord. 1012, eff. April 13, 2000, and § 3, Ord. 1044 (part), eff. July 28, 2005)

(Ord. No. 1069, 3-24-2009; Ord. No. 1115, § 4, 2-28-2017; Ord. No. 1128, § 1, 11-13-2018; Ord. No. 1138, § , 9-24-2019; Ord. No. 1159, § 7, 12-14-2021; Ord. No. 1160, § 7, 12-14-2021; Ord. No. 2025-1190, § 2(Exh. A)(6), 5-27-2025)

(Ord. No. 1069, 3-24-2009; Ord. No. 1128, § 2, 11-13-2018; Ord. No. 1179, § 4(Exh. A), 8-22-2023; Ord. No. 1184, § 3, 1-9-2024; Ord. No. 2025-1190, § 2(Exh. A)(6), 5-27-2025)

All setback measurements shall be made as follows:

(a)

The setback measurement shall be taken from the nearest point of any building, architectural feature, or improvement to the nearest point of any property line; or

(b)

If a future right-of-way line or a future width line has been established for a street by provisions of any applicable ordinance, the measurement shall be taken from the nearest point of any building, architectural feature, or improvement to the nearest point of the future right-of-way line or nearest point of the future width line.

(§ 1, Ord. 917, eff. February 26, 1991)

All height measurements shall be made as follows:

The height of a building, structure, or improvement shall be that vertical distance measured from the average level of the highest and lowest point of that portion of the lot ground surface covered by the building, structure, or improvement, to the highest point on the roof, ridge, or parapet wall. Height limitations shall not apply to public utility transmission and distribution lines.

(a)

A chimney up to twelve (12) square feet may exceed the maximum building height by four (4) feet.

(b)

For R-1 H, R-1 C and R-1 properties no development, including structures, roads, and public facilities shall be allowed on visible ridges and hillsides unless it has been demonstrated to the satisfaction of the Town Engineer and Planning Commission that development outside of the ridge zone is not feasible for geologic, soils, or hydrologic reasons, or development would impact a unique natural habitat, and if development is allowed on visible ridges and hillsides, the maximum height shall be no more than eighteen (18) feet above the ridgeline.

(c)

The ground surface for determining building height shall be either the predevelopment ground elevations at the appropriate points or the finished grade elevations at the appropriate points. The finished grade elevations may be used only if they are approved by specific action of the Planning Commission.

In approving the finished grade elevation as the governing ground surface, the Planning Commission shall make all of the following findings:

(a)

That use of the finished grade elevation in lieu of the predevelopment ground surface will produce results consistent with the intention to minimize visual impact on the ridge zone;

(b)

That use of the finished grade will benefit the public welfare and other properties in the area;

(c)

That use of the finished grade will not result in any substantial obstruction of visible ridgeline or view from other properties in the Town.

These requirements assume evenly graded surfaces. When local irregularities in the ground surface produce results which are in conflict with the intent of these requirements, the Planning Commission shall determine reasonable, average ground surface conditions in the vicinity of the governing points and instruct

the Public Works Director to make structure height calculations based on these reasonable average conditions.

The intention of the height limits is to produce structures which minimize visual impact on the ridge zone. If, during the design review process associated with a particular structure, a design emerges which is in compliance with these limits, but in conflict with the intent of the ordinance codified in this article, the Planning Commission shall have the authority to amend these limits in order to achieve the original intention of these limits.

Prior to any amendment of these height limits, the Planning Commission shall make all of the following findings:

(a)

That such amendment will better achieve the purpose of the ordinance codified in this article.

(b)

The amendment in height limits will benefit the public welfare and other properties in the area.

(c)

The amendment will not result in the substantial obstruction of a visible ridgeline or the obstruction of views from other properties in the Town.

Building site locations shall be selected to reduce visibility providing such locations can be served with reasonable access and are geologically stable. The preliminary and precise development plans shall be based on a grading plan designed to retain the natural features of the land. Cuts and fills shall be kept to a minimum, and rounded and contoured to blend with existing topography.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1069, 3-24-2009)

The Minor Exceptions to Required Development Standards for Residential Properties Table, referred to as Table 4B, lists: (a) exceptions, which require no discretionary action by the Community Development Director or designee, or Planning Commission; (b) minor exceptions, which require discretionary action by the Community Development Director or designee; and (c) minor intrusions that require Planning Commission design review.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 3, Ord. 1044 (part), eff. July 28, 2005)

(Ord. No. 1115, § 5, 2-28-2017; Ord. No. 2025-1190, § 2(Exh. A)(7), 5-27-2025)

MINOR EXCEPTIONS TO REQUIRED RESIDENTIAL DEVELOPMENT STANDARDS Table 4B[(1)(2)(3)]

(1) All other structures that intrude into the minimum required setback areas shall require Planning Commission variance review unless a determination is made by the Planning Director that a particular structure is similar in kind to one of the above listed structures which are considered either an exception, minor exception or subject to administrative variance review.

(2) For R-1 H, R-1 C, and R-1 properties located at or above 150 mean sea level elevation, design review shall take precedence over the above listed exceptions.

(3) Fences, privacy walls, and solid opaque screen plantings located within twenty (20′) feet of a front property line or within twelve (12′) feet of a street side yard property line fronting a street are subject to a separate permit review by the Public Works Director or designee. The Public Works Director's or designee's decision shall be based upon safety factors necessary to maintain good vehicular and pedestrian visibility at intersections of streets, sidewalks, and driveways, after consideration of the terrain and topography involved, and the volume of vehicular and pedestrian traffic. Fences, privacy walls, hedges and solid screen plantings exceeding eight (8′) feet in height above grade, or those exceeding lesser heights as specified by the Public Works Director or designee.

(4) Ground surface: ground level at the time of construction, unless otherwise determined per Section 10-3.404(c).

(5) Refer to Title 10, Chapter 2, Article 7, Parcel Maps, for other permitting required to relocate lot lines.

(6) The term “permanent” in Table 4B indicates that project approval runs with the land in perpetuity.

(Ord. No. 1069, 3-24-2009)

(Ord. No. 1108, § 2, 7-26-2016; Ord. No. 1115, § 7, 2-28-2017; Ord. No. 1176, § 5, 4-25-2023; Ord. No. 2025-1190, § 2(Exh. A)(7), 5-27-2025)

The purpose and intent of allowing exceptions to the development standards is to permit minor intrusions into required setback areas. If, in the judgment of the Planning Director, the structure is not a minor intrusion due to its size, location, or potential use, the Planning Director shall require that the structure either adhere to the standards listed in the Development Standards Table, referred to as Table 4A, or obtain a variance from the Planning Commission, as set forth in Section 10-3.1404(b) of the San Anselmo Municipal Code.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1115, § 6, 2-28-2017)

(a)

There may be only one building site on any lot. Each lot may be permitted to have constructed accessory buildings as may be regulated by provisions of the San Anselmo Municipal Code. Lots having sufficient area for more than one building site may be divided in conformance with the Subdivision Ordinance, the Development Standards Table, referred to as Table 4A, and subject to the following:

(1)

Whenever a division would create a lot without full street frontage, the lot shall have an area no less than the minimum lot area required within the District as set forth in the Development Standards Table, referred to as Table 4A; and

(2)

Each lot not having full street frontage shall have a permanent access way not less than twenty (20′) feet in width at any point extending to a street; and

(3)

The area of the lot shall not include that area devoted to a permanent access way.

(b)

Each lot shall have direct access to a public street and shall not obtain access by easement or fee title across an adjacent lot except by the approval of a variance in accordance with Section 10-3.1404(b) of the San Anselmo Municipal Code.

(c)

Except as provided in California Government Code Section 66411.7, no lot shall be divided into two (2) or more parcels in any manner, so as to produce a remaining lot having an area less than the minimum lot area required within the District as set forth in the Development Standards Table, referred to as Table 4A.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 2 (Exh. A), Ord. 984, eff. July 10, 1997)

(Ord. No. 1159, § 8, 12-14-2021; Ord. No. 1160, § 8, 12-14-2021)

Except as provided in California Government Code Section 66411.7, each primary building and all accessory buildings erected shall be located on a building site or lot in one (1) ownership having an area and width no less than the minimum required for the respective District, excepting:

That any lot or building site having less than the required minimum area and/or width may be used for the construction or erection of a primary building and accessory buildings as may be permitted or conditionally

permitted by the District, if:

(a)

All other requirements of this chapter are complied with; and

(b)

The lot was under one (1) ownership at the time of adoption of Ordinance No. 190; and either

(i)

The lot was legally subdivided after the adoption of the Town's first Zoning Ordinance (Ordinance No. 190, effective June 7, 1926), but prior to the adoption of an applicable subdivision ordinance in accordance with the area, width, and frontage requirements of the zoning ordinance in effect at the time of the subdivision; or

(ii)

The lot was subdivided pursuant to the Town's first Subdivision Ordinance (Ordinance No. 248, effective September 9, 1937) or pursuant to a subsequent subdivision ordinance.

(§ 1, Ord. 917, eff. February 26, 1991; Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

(Ord. No. 1159, § 9, 12-14-2021; Ord. No. 1160, § 9, 12-14-2021)

The Slope Density/Lot Area Table, referred to as Table 4C, lists the minimum lot size for the R-1 District for lots which have average slopes of fifteen (15%) percent or greater. All calculation of minimum lot areas for lots subject to Table 4A shall not benefit from arithmetic rounding-up.

(§ 1, Ord. 917, eff. February 26, 1991)

SLOPE DENSITY/LOT AREA FOR RESIDENTIAL PROPERTIES

The Table of R-1 H (Hillside Density District) Parcels, referred to as Table 4D, lists the maximum allowable number of dwelling units for the corresponding parcels of land for properties with an R-1 H zoning designation. Additional units shall be permitted in conformance with State law pursuant to Chapter 4 (Housing Developments Under Government Code Section 65852.21) and Chapter 6 (Accessory Dwelling Units).

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 3, Ord. 1044 (part), eff. July 28, 2005; Ord. No. 1159, § 10, 12-14-2021; Ord. No. 1160, § 10, 12-14-2021)

TABLE OF R-1-H (HILLSIDE DENSITY DISTRICT) PARCELS for 06/28/05 TABLE 4D

1. MAXIMUM ALLOWABLE NUMBER OF UNITS FOR THE CORRESPONDING PARCELS

• Multiple parcels under one ownership.

**The number of units established for these parcels is based on the assumption of their combined development.

2. DENSITIES FOR THE FOLLOWING PARCELS SHALL BE RECOMMENDED BY THE PLANNING COMMISSION AFTER A SPECIAL PUBLIC HEARING AND AFTER ACCEPTABLE ACCESS HAS BEEN DEMONSTRATED IN JOINT COOPERATION WITH THE TOWN OF FAIRFAX:

Assessor's Parcel Number 7-071-02 7-071-01

(Ord. No. 1159, § 10, 12-14-2021; Ord. No. 1160, § 10, 12-14-2021)

10-3.411 - Table of Maximum Adjusted Floor Area for Residential Properties Located Above 150 Mean Sea Level Elevation.

The Table of Maximum Adjusted Floor Area for Properties Located Above 150 Mean Sea Level Elevation, referred to as Table 4E, lists the maximum adjusted floor area allowed on residential properties located above 150 mean sea level elevation.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 2, Ord. 976, eff. July 10, 1996, § 2, Ord. 1033, eff. July 24, 2003, and § 3, Ord. 1044 (part), eff. July 28, 2005; Ord. No. 1159, § 11, 12-14-2021; Ord. No. 1160, § 11, 12-14-2021)

TABLE OF MAXIMUM SIZES OF DWELLINGS ON RESIDENTIAL PROPERTIES LOCATED ABOVE 150 MEAN SEA LEVEL ELEVATION

217,800 5.00 5,000 .02 Notes on Following Page

allowed for any lots or structures associated with an application under Chapter 4 or California Government Code Sections 65852.21 and 66411.7.

Dwellings built, enlarged, or expanded before February 26, 1991, which exceed the Maximum Adjusted Floor Area, may exceed this number by not more than 500 square feet subject to Design Review approval under Article 15 of this chapter. Additional floor area is not allowed for any lots or structures associated with an application under Chapter 4 or California Government Code Sections 65852.21 and 66411.7.

(Ord. No. 1115, § 8, 2-28-2017; Ord. No. 1133, § 2, 3-12-2019; Ord. No. 1144, § 2, 4-14-2020; Ord. No. 1159, § 11, 12-14-2021; Ord. No. 1160, § 11, 12-14-2021)

10-3.412 - Maximum Floor Area and Maximum Lot Coverage for Dwellings and Improvements on SingleFamily Residential Properties Located Below 150 Mean Sea Level Elevation.

a.

Introduction. The "small town" feel and character of San Anselmo's neighborhoods are unique and important qualities to the Town. The existing scale of architecture, the open and tree-covered hills, winding creeks, and landscaped streets and yards contribute to this ambience and to the beauty of a community in which the man-made and natural environments co-exist in harmony.

b.

Intent. This Section is intended to accomplish the following:

1.

Preserve the quality of life and small town character in the neighborhoods of San Anselmo by limiting the size of new or renovated dwellings and improvements. This size limitation shall be accomplished by establishing a ratio between floor area and lot size and a ratio between lot coverage and lot size. Additionally, this limitation will be accomplished through the establishment of an overall maximum limit on floor area of 5,000 square feet for any residential structure.

2.

Provide an additional tool to ensure that homes too big for the lot are neither approved nor built. To manifest such intent, projects should be designed, evaluated and approved based on their compatibility with the neighborhood in which such projects propose to be constructed by being appropriately sized, massed and scaled.

3.

Provide a standard that serves to protect property values through the preservation of neighborhood character.

c.

Definitions. For the purpose of this Section, the following definitions apply:

1.

"Floor area ratio (FAR)" means the ratio between the total floor area of a building or buildings located on a lot and the area of that lot in gross square feet.

2.

"Total floor area" means the sum of the gross horizontal areas of all floors of a building measured from the exterior framing of the outside walls.

3.

"Adjusted Floor Area" is the total floor area (as measured from the exterior framing of the outside wall), of any dwellings or improvements on a lot, including Basements, Attics with floors, Accessory Dwelling Units and Accessory Buildings. The floor area of interior spaces with ceilings of more than fifteen (15) feet in height from floor to ceiling shall be double-counted in the calculation of Adjusted Floor Area. Adjusted Floor Area excludes the following:

a.

Unenclosed Horizontal Surfaces

b.

Unenclosed Balconies

c.

Unenclosed Decks

d.

Unenclosed Porches

e.

Crawl Spaces with Dirt Floors

f.

Attics with no Floor

g.

The first 400 square feet of Garage Floor Area

"Adjusted Lot Coverage" is the land area covered by all buildings and improvements on a lot with a finished height above grade of three (3) feet or more, including all projections. Adjusted Lot Coverage excludes the following:

a.

Roof eaves which project less than two (2) feet from the face of a building; and

b.

Structures and improvements less than three (3) feet above grade.

5.

"Attic" means an open space at the top of a dwelling situated wholly or partly within the roof.

6.

"Basement" means an enclosed space, finished or unfinished, partly or wholly below natural grade, having more than one-half (1/2) its height, as measured from its floor, whether finished or unfinished, to its ceiling, whether finished or unfinished, below the adjoining natural grade.

7.

"Crawl Space" means a shallow, unfinished space, located below the living quarters of a basement-less house and enclosed by the foundation walls, where it is not possible for an adult to stand.

8.

"Unenclosed" means a space with or without a permanent roof that is not enclosed by walls, windows or doors on at least two sides. Insect screening would not constitute enclosure.

d.

Maximum Adjusted Floor Area and Maximum Adjusted Lot Coverage. Table 4F provides the maximum Adjusted Floor Area and maximum Adjusted Lot Coverage of structures and improvements on lots in the R- 1 zoning district located below one hundred fifty (150) feet Mean Sea Level (flatland).

e.

Maximum Adjusted Floor Area Exception. The maximum Adjusted Floor Area may be exceeded on a lot by up to 325 square feet subject to Design Review approval pursuant to Article 15 of this chapter. Additional floor area is not allowed for any lots or structures associated with an application under Title 10, Chapter 4 or California Government Code Sections 65852.21 and 66411.7, unless required to accommodate two (2) eight hundred (800) square foot units. (Ord. No. 1133, § 3, 3-12-2019)

(Ord. No. 1158, § 3, 11-9-2021; Ord. No. 1159, § 12, 12-14-2021; Ord. No. 1160, § 12, 12-14-2021)

Table of Maximum Sizes of Dwellings on Single Family Residential Properties Located Below 150 Mean Sea Level Elevation

Table 4F

Note:

(1) Subject to Findings per Sec. 10-3.412(e)

(2) Additional floor area is not allowed for any lots or structures associated with an application under Title 10 Chapter 4 or California Government Code Sections 65852.21 and 66411.7.

(Ord. No. 10-66, 11-9-2009)

(Ord. No. 1115, § 9, 2-28-2017; Ord. No. 1159, § 13, 12-14-2021; Ord. No. 1160, § 13, 12-14-2021)

Article 5. - Parking and Loading Regulations

10-3.501 - Purpose and intent.

It is the purpose and intent of this article to establish parking and loading regulations and criteria deemed the minimum necessary to provide adequate and safe vehicular parking and loading facilities for all uses and activities in all Districts.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

10-3.502 - Parking standards.

The Parking Standards Table, referred to as Table 5A, lists the minimum parking requirements for each use or activity. If a particular use or activity is not listed in the Parking Standards Table, then establishment of parking requirements for that use or activity shall be determined by the Planning Commission after the preparation of a parking demand study for the proposed use or activity. In the event of any conflict between the parking standards established in this Chapter and applicable provisions of the California Government Code, the provisions of the California Government Code shall prevail.

blishment of parking requirements for that use or activity shall be determined by the Planning Commission after the preparation of a parking demand study for the proposed use or activity. In the event of any conflict between the parking standards established in this Chapter and applicable provisions of the California Government Code, the provisions of the California Government Code shall prevail.

(1) Any calculation of parking space requirements which results in a fractional parking space shall be rounded up to the next full parking space. (2) A tandem parking space is not allowed to fulfill the legal parking space requirement unless otherwise noted in this chapter. (3) One (1) of the three (3) parking spaces may be in tandem and may be located within the minimum required front setback unless otherwise noted in this chapter. (4) For any lot with an average width of 52 feet or less, one (1) of the two (2) parking spaces may be in tandem and may be located within the minimum required front setback and side setback.

(5) One (1) of the three (3) parking spaces may be in tandem and may be located within the minimum required front setback unless otherwise noted in this chapter.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023; Ord. No. 1184, § 4, 1-9-2024; Ord. No. 2025-1190, § 2(Exh. A)(8), 5- 27-2025)

At the time an existing commercial building or structure is enlarged in size or increased in intensity of use, in the opinion of the Planning Director, the minimum parking spaces as listed in the Parking Standards Table, referred to as Table 5A, shall be required. Unless otherwise allowed by this Title, the minimum parking spaces shall be on-site and not within a public right-of-way.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1119, § 3, 12-12-2017; Ord. No. 1179, § 4(Exh. A), 8-22-2023)

10-3.504 - Enlargement and alteration to dwelling units and conversion of garages, carports, and uncovered parking spaces.

(a)

Any dwelling unit having less than the required number of vehicular parking spaces as required by the Parking Standards Table, referred to as Table 5A, may be enlarged provided that one (1) of the following conditions is satisfied:

(1)

The required number, setbacks, siting, configuration, and size of parking spaces as required by the Parking Standards Table, referred to as Table 5A, of the San Anselmo Municipal Code shall be provided prior to the first Building Department inspection for the enlargement, except that the parking spaces may be in tandem and within established setback areas; or

(2)

The enlargement does not include a room suitable for use as a bedroom nor does the enlargement include the conversion of an existing room for use as a bedroom.

(b)

No parking space either uncovered or within a garage or carport, having minimum dimensions of eight (8) feet in width by seventeen (17) feet in depth, shall be converted to a use other than for vehicular parking, unless the following conditions are satisfied:

(1)

The site has the required number of on-site parking spaces as required by the Parking Standards Table, referred to as Table 5A, of the San Anselmo Municipal Code and the spaces comply with all provisions for setbacks, siting, configuration and size; or

(2)

Each converted parking space shall be replaced with one (1) legal parking space that complies with all provisions for setbacks, siting, configuration, and size prior to the first inspection for the building permit; or

(3)

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit the Town shall not require that those off street parking spaces be replaced. Each converted parking space may be replaced with one (1) legal parking space that complies with all provisions for setbacks, siting and size Replacement parking spaces may be located on site on an existing driveway within setbacks. New replacement parking spaces may be created within a required setback with design review approval pursuant to Article 15 of this chapter.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 2, Ord. 997, eff. July 23, 1998)

(Ord. No. 1115, § 10, 2-28-2017; Ord. No. 1119, § 4, 12-12-2017; Ord. No. 1142, § 3(Exh. 1), 11-26-2019; Ord. No. 1143, § 2(Exh. 1), 12-10-2019; Ord. No. 1149 § 3, 9-8-2020; Ord. No. 1179, § 4(Exh. A), 8-222023)

Any lot which there is located mixed uses which, as required by the Parking Standards Table, referred to as Table 5A, have different parking requirements, shall provide parking spaces in sufficient number to fulfill the combined number of parking spaces required for each of the separate uses or activities.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

10-3.506 - Parking space: Location.

(a)

When replacing a dwelling in kind (no dimension or design changes), the existing location of parking spaces and parking structures can remain (provided that they were created either before applicable ordinances or with applicable Building permit and Planning approval).

(b)

When accessing parking at the rear of property, the driveway can go in and out of the setbacks, the driveway can be less than the nine-foot Code parking space width, and the surface shall be more permeable with one (1) of the choices being two (2) parallel tracks with an average wheel base distance, subject to approval of the Public Works Director.

(c)

Parking spaces may be located off-site from the use they are intended to serve only if the parking space or spaces are within one hundred fifty (150) feet of the lot on which the use they are intended to serve is located and that the off-site parking spaces are exclusively for the use they are intended to serve by the recordation of an appropriate agreement. Said agreement shall be in a form approved by the Town Attorney and reserved in perpetuity unless removed by approval of the Planning Commission. Parking spaces provided on a parcel for an off-site use must be spaces in excess of the minimum Code required parking spaces for the use on that parcel providing the parking.

(d)

Garages to accommodate subsection (c) of this section may be allowed upon vacant property subject to the following:

(1)

The garage structure shall be exclusively used for the parking of vehicles. Water connections shall be permitted. No sewer connections shall be allowed to such structure.

(2)

Deed restrictions in subsection (a) of this section shall further limit the use of the garages for the parking vehicles for the exclusive use of the property they are intended to serve.

(3)

Planning Commission Design Review shall be obtained in accordance with Article 15 of this chapter.

(4)

The maximum size of such garages shall not exceed five hundred (500) square feet in floor area.

(5)

Such garages shall otherwise meet all requirements of this chapter.

(e)

Parking areas for commercial uses may be permitted in the "R" Districts on properties adjoining "C" Districts upon the securing of a use permit in accordance with Article 13 of the San Anselmo Municipal Code.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 3, Ord. 1044 (part), eff. July 28, 2005)

(Ord. No. 1069, 3-24-2009; Ord. No. 1119, § 5, 12-12-2017; Ord. No. 1179, § 4(Exh. A), 8-22-2023)

Every parking space shall have minimum dimensions of nine (9) feet in width, nineteen (19) feet in length, and seven (7) feet of vertical clearance for the entire horizontal dimension of the parking space.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

All required parking spaces shall be sited in compliance with all development standard setbacks as set forth in the Development Standards Table, referred to as Table 4A, unless otherwise noted in this chapter.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1069, 3-24-2009; Ord. No. 1179, §4(Exh. A), 8-22-2023)

10-3.509 - Parking space: Access.

Each required parking space shall have access to a public street, alley, access easement, drive aisle, or driveway.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

10-3.510 - Parking space: Screening.

All parking spaces within the R-3 District shall be screened.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

10-3.511 - Parking space: Surfacing.

All parking spaces, drive aisles, and driveways, and all other streets, alleys, and access easements which serve a parking space shall be constructed and paved with an all-weather surface and the surface shall be permeable as may be approved by the Director of Public Works.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1069, 3-24-2009; Ord. No. 1179, § 4(Exh. A), 8-22-2023)

For each four thousand (4,000) square feet of lot on which is located a hospital, institution, hotel, or commercial use with limited vehicular access to the site due to traffic volume, traffic movement patterns, or on-street parking there shall be a minimum of one (1) permanently maintained on-site loading space. The loading space shall have minimum dimensions of ten (10) feet in width, forty (40) feet in length, and fourteen (14) feet of vertical clearance for the entire horizontal dimension of the loading space. This section shall not require the provision of more than two (2) on-site loading spaces for any one (1) lot, unless it is found by the Director of Public Works, or designee that there are special circumstances which warrant additional on-site loading spaces.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

10-3.513 - Loading space: Siting.

All loading spaces shall be sited in compliance with all development standards as set forth in the Development Standards Table, referred to as Table 4A.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

10-3.514 - Loading space: Access.

Each loading space shall have immediate and direct access to a public street, alley, access easement, drive aisle, or driveway.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

10-3.515 - Loading space: Surfacing.

All loading spaces, drive aisles, and driveways, and all other streets, alleys, and access easements which serve a loading space shall be constructed and paved with an all-weather surface as may be approved by the Director of Public Works.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

10-3.516 - Electric vehicle parking.

(a)

A parking space served by electric vehicle supply equipment or a parking space designated as a future electric vehicle charging space shall count as at least one (1) standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements.

(b)

An accessible parking space with an access aisle served by electric vehicle supply equipment or an accessible parking space with an aisle designated as a future electric vehicle charging space shall count as at least two (2) standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements.

(c)

If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the Town shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.

(d)

The following definitions apply for purposes of this section:

(1)

"Electric vehicle supply equipment" has the same definition as that term is used in the latest published version of the California Electrical Code, that is in effect, and applies to any level or capacity of supply equipment installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

(2)

"Electric vehicle charging space" means a space designated by the Town for charging electric vehicles.

(Ord. No. 1152, § 3, 3-9-2021; Ord. No. 1179, § 4(Exh. A), 8-22-2023)

Parking for disabled persons shall be provided pursuant to the requirements of the State of California and the American Disabilities Act. Disabled parking spaces shall count toward fulfilling the off-street parking requirements. No variance shall be required to convert standard parking spaces into required disabled parking spaces, even if the site becomes less conforming in parking, where a site is used for nonresidential uses and no replacement parking can be provided on site.

(Ord. No. 1152, § 4, 3-9-2021; Ord. No. 1179, § 4(Exh. A), 8-22-2023)

10-3.518 - Bicycle racks.

Parking lots with ten (10) or more spaces shall provide one (1) bicycle rack for each ten (10) parking spaces. Bicycle racks shall be designed to provide a minimum of four (4) bicycle spaces in each rack and to allow a bicycle to be locked on the rack.

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

No part of this section shall be construed as requiring additional off-street parking for authorized structures and uses legally existing at the time of the effective date of the ordinance codified in this title. Where any or all required off-street parking is not provided for such a use, that use may be replaced by a use requiring the same or less off-street parking. Parking required by the current ordinance which has been established for a structure or use shall not be removed, obstructed, or dedicated to other uses unless otherwise approved and authorized herein.

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

Whenever the occupancy or use of any site is changed to a more intensive use and/or expanded in scope, additional off-street Parking shall be provided as required by this title for the new use or expanded

occupancy, with the exception of uses within existing buildings in the C-2 District. Where the existing use does not provide all required off-street parking, additional off-street parking shall be required as follows:

(a)

Nonresidential. Whenever the occupancy or use of any commercial site that is not in compliance with the off-street parking requirements of this chapter is intensified and/or enlarged, additional off-street parking shall be provided as required by this title for the new use or occupancy, with the exception of those uses in the C-2 district. For the P, C-1, C-3 and C-L districts, increased parking shall be provided in the amount relative to the incremental change or expansion of use.

(b)

Residential. Whenever the density (number of units) of any residential site that is not in compliance with the off-street parking requirements of this chapter is intensified, additional off-street parking shall be provided as required by this title for the new use or occupancy and for the existing use, with the exception of those uses listed in Chapter 4, Housing Development Under Government Code Section 65852.21 and Chapter 6, Accessory Dwelling Units, of the San Anselmo Municipal Code.

(c)

Nonconforming uses. When a nonconforming structure is maintained, repaired, enlarged, extended, or structurally altered, parking shall comply with the parking requirements of the zone in which the structure is located.

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

When the required number of parking spaces is calculated to a fractional number, any fraction of less than one-half (1/2) shall be disregarded and any fraction of one-half (1/2) or greater shall be rounded up to the next whole number.

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

The Planning Commission may, upon application by the owner or lessee of any property, authorize a conditional use permit for the joint use of parking facilities by the following uses or activities under the specified conditions:

(a)

Up to seventy (70%) percent of the parking facilities required by this section for a use considered to be primarily a weekday use may be provided by a use considered to be primarily a weekend use. Up to seventy (70%) percent of the parking facilities required by this section for a use considered to be primarily a weekend use may be provided by the parking facilities of a use considered to be primarily a weekday use. Such a reciprocal parking area shall be subject to conditions set forth in subsection (3) of this section.

(b)

Up to seventy (70%) percent of the parking facilities required by this section for a use considered to be primarily a daytime use may be provided by a use considered to be primarily a nighttime use. Up to seventy (70%) percent of the parking facilities required by this section for a use considered to be primarily a nighttime use may be provided by a use considered to be primarily a daytime use. Such a reciprocal parking area shall be subject to conditions set forth in subsection (3) of this section. The following uses are typical daytime uses: Banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical nighttime uses: Theaters, bars and upper-level residential uses.

(c)

In order to approve a conditional use permit for joint use, the applicant shall demonstrate the following:

a.

There is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed; and

b.

The proposed joint use parking area is conveniently located to the uses to be served.

(d)

If the area to be used for parking and the parcel on which the subject land use is located are not the same, then the Planning Commission shall consider whether a deed restriction is warranted as a condition of approval. The deed restriction would stipulate that the shared parking agreement shall remain in effect for the life of the subject land use.

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

Article 6. - General Provisions

The purpose of this article is to establish the provisions of the zoning ordinance that are common to all portions of Title 10, Chapter 3.

(§ 1, Ord. 917, eff. February 26, 1991)

The interpretation and application of the provisions of this chapter, unless otherwise stated, shall be held to be the minimum requirements necessary for the promotion and protection of the public health, safety, and general welfare of the Town.

(§ 1, Ord. 917, eff. February 26, 1991)

(a)

Where conflicts occur between the regulations of this chapter and the General Plan, the Uniform Building Code, or other regulatory documents of the Town, State, or Federal Government, the more restrictive of any such regulations shall apply.

(b)

It is not intended that the provisions of this chapter shall interfere with, abrogate, or annul any easement, covenant, or other agreement in effect, provided, however, when the provisions of this chapter impose greater restrictions than imposed or required by other laws, rules, or regulations, or by easements, covenants, or agreements, the provisions of this chapter shall apply.

(§ 1, Ord. 917, eff. February 26, 1991)

All landscaping required by this chapter, or by conditions imposed as part of a discretionary approval made pursuant to this chapter, shall be installed along with an automatic irrigation system and shall be maintained in a healthy condition in accordance with approved landscaping plans. Any landscaping required by this chapter or by conditions imposed as part of a discretionary approval made pursuant to this chapter, and found by the Planning Director to not be adequately maintained, shall be considered a public nuisance.

(§ 1, Ord. 917, eff. February 26, 1991)

In the event of a major natural occurrence, such as a flood or earthquake, and after the Town Council has made a formal declaration of disaster, structures which have been damaged or destroyed as a direct result of the occurrence may be reconstructed substantially as they existed prior to the occurrence without the necessity of a variance, use permit, or other discretionary action. The Planning Director shall have the discretion to determine whether such reconstruction is in accordance with the intent of this section and shall require an approved variance, use permit, or other discretionary action when significant changes are proposed.

(§ 1, Ord. 917, eff. February 26, 1991)

(a)

Application fees. A fee for planning applications in such amount as established by resolution of the Town Council shall be charged each applicant, which fee shall be paid at the time the application is first filed. The filing of the application shall not be deemed to have occurred, nor shall the application be considered complete, unless and until the fee is paid. These fees shall apply toward reimbursing the Town for its cost of processing said applications.

(b)

Retention of consultants to process planning applications. The Planning Director may determine that retention of a consultant is required to process the application for one or more of the following reasons: augmentation of the Town's professional capabilities during a peak workload period, or other critical period and/or to provide specialized or expert services not presently available within Town staff to process a complex and/or unique application. The cost of the administrative fees, as established by resolution of the Town Council, and consultant services will be paid by the property owner and shall become due and payable upon receipt of a bill therefor. The application may be placed on the agenda for denial by the Planning Commission if said fees are not paid in full. The application shall be signed by the owner(s) of the property.

(§ 1, Ord. 917, eff. February 26, 1991)

10-3.607 - Nonconforming uses and improvements.

(a)

Purpose and intent. The purpose of this article is to provide regulations and procedures for addressing existing uses and existing buildings and improvements which are not in conformance with provisions of this chapter as of the date of its adoption or amendment.

Nonconforming uses include those which are not permitted by the current District's land use regulations, but were permitted by previous provisions either in the same zoning district or another zoning district.

Nonconforming buildings and improvements typically include those which do not conform to the current district's development standards such as yard setback, building height, or maximum number of stories.

(b)

Nonconforming uses of land.

(1)

The lawful use of land existing at the time of the passage of Ordinance No. 190 and subsequent zoning ordinances, although such use does not conform to the provisions of this chapter, may be continued; provided, however, nonconforming business and industrial uses being operated on open land unimproved by any building may be continued for a period of not more than five (5) years after January 10, 1963.

(2)

If any nonconforming use is, or has been, abandoned, or is, or has been discontinued for a period of six (6) months or more, intentionally or unintentionally, the subsequent use of such land shall be in conformity with the provisions of this chapter.

(3)

Except as otherwise provided in this Code, the nonconforming use of land for outdoor display or sale of goods, wares, or merchandise, whether or not such land is improved by any building, shall cease and be

unlawful from and after February 15, 1971, which period of time the Council finds is fair and reasonable to permit the transition from a nonconforming use to a use which conforms to the provisions of this Code.

(c)

Expansion of nonconforming uses.

(1)

Nonconforming uses shall not be expanded or intensified.

(2)

Buildings or improvements dedicated to nonconforming uses shall not be enlarged.

(d)

Nonconforming uses in districts established or changed in the future. The foregoing provisions of this article shall also apply to nonconforming uses in districts hereafter changed or established, and any time limit for the suspension of a nonconforming use of land shall date from the date of the enactment of this chapter or of any amendment of district boundaries which first created a nonconforming use or uses.

(e)

Nonconforming buildings and improvements.

(1)

Replacement of nonconforming buildings and improvements

(i)

If at any time any building or improvement in existence or maintained at the time of the adoption of this chapter, which building, structure, or improvement does not conform to the regulations for the district in which it is located, shall be either: (a) destroyed by fire, explosion, act of God, or act of the public enemy; or (b) demolished; or (c) fifty (50%) percent or more of the existing exterior walls of a structure above the foundation are demolished , then, and without further action of the Town Council, the building, structure, or improvement and the land on which the building or improvement was located or maintained, from and after the date of such destruction, demolition or removal shall be subject to all regulations of the district in which such land and/or building is located. The Planning Director may develop written guidelines for what is included in exterior wall demolition, which shall be measured in square feet and shall include the square feet of windows and doors that are removed.

(ii)

An exception to subsection (e)(1)(i) above is if the new building or improvement is a replacement in kind with no dimension, design or location changes beyond relocating the building or improvement from an existing zero-foot property line setback to a two-foot maximum setback for maintenance purposes and it can be shown that such building or improvement was erected either before applicable ordinances or with applicable Building permit and Planning approval.

(f)

Expansion of nonconforming buildings and improvements.

(1)

Any nonconforming building or improvement may be maintained, repaired, enlarged, extended, or structurally altered provided the enlargement or alteration complies with the use, setback, height, lot coverage and other site development requirements of the zone in which the structure is located, as well as other development regulations applicable to the area in which the structure is located and/or a permitted exemption listed in Section 10-3.405 Table 4B.

(§ 1, Ord. 917, eff. February 26, 1991, Ord. 1032, eff. February 11, 2003)

(Ord. No. 1069, 3-24-2009; Ord. No. 1150 § 2(Exh. 1), 9-22-2020; Ord. No. 1176, § 3, 4-25-2023)

No building permit, license, certificate, or other approval shall be issued or given by the Town or any department or employee thereof with respect to any improvement subject to zoning permit issuance until review of the improvement has been approved as provided in this chapter. No certificate of use and occupancy or similar approval shall be issued, given, or be considered valid for any improvement subject to zoning permit issuance hereunder unless and until the Planning Director has certified that the improvement has been completed in accordance with the zoning application approved pursuant to the provisions of this chapter.

(§ 1, Ord. 917, eff. February 26, 1991)

No member of the Planning Commission shall participate in the review of or vote upon the design of any zoning application in which he or she has a direct or indirect financial interest of any kind. The majority of the Town Council may appoint a temporary member to the Planning Commission to take the place of each member so disqualified during the Planning Commission's review of any application in which the regular member has any interest.

(§ 1, Ord. 917, eff. February 26, 1991)

(a)

Purpose. This section establishes uniform provisions for the regulation of nonconforming gas stations and is intended to:

(1)

Permit the continued operation of gas stations as a legal nonconforming use and detail the circumstances under which such use is deemed to have been abandoned;

(2)

Specify the modifications that can be made to a nonconforming gas station; and

(3)

Prohibit nonconforming gas stations from enlarging, increasing, extending, or moving any storage or dispensing infrastructure for gasoline, diesel, or any other fossil fuel.

(b)

Applicability.

(1)

This Section applies to all lawfully permitted, developed and operating gas stations in existence prior to the effective date of this ordinance.

(2)

This Section applies to all gas station uses not yet developed and/or operating but for which there is an approved and unexpired land use permit.

(c)

Prohibited Activities at a Nonconforming Gas Station. A nonconforming gas station can continue to be operated, transferred, sold, or modified only as follows:

(1)

Prohibited Activities. An owner and/or operator of a nonconforming gas station shall not:

a.

Enlarge, increase, extend, or move any fossil fuel storage or dispensing infrastructure existing prior to the effective date of this ordinance, except as provided herein or as required for compliance with state or federal law. Fossil fuel dispensing and storage infrastructure subject to this provision includes, but is not limited to structures, features, conveyances (e.g., pipelines, conduit, pumps, etc.) or other devices installed for the purpose of selling, storing, or dispensing a fossil fuel: or

b.

Relocate to any other parcel within the Town regardless of whether such parcel is located in the same zoning district as the existing use.

(d)

Permitted Modifications to Nonconforming Gas Stations.

(1)

Modifications to Improve or Protect Soil. Groundwater, Air, or Stormwater Quality. A nonconforming gas station shall be modified to conform to current or amended soil, groundwater, air, or stormwater quality regulations of a regulatory agency with authority to regulate such matters where that agency has ordered such modifications, or its regulations require such modifications. An owner and /or operator of a nonconforming gas station shall be subject to all applicable procedures and permit requirements of the San Anselmo Municipal Code, including those of this Title, applicable to the modifications described in this Subsection prior to the commencement of such modifications.

(2)

Accommodating Zero-Emissions Vehicle Infrastructure. A nonconforming gas station may be modified to accommodate Zero Emission Fueling Stations, subject to compliance with the San Anselmo Municipal Code and other applicable laws.

(3)

Modifications to Site and Building Design. A nonconforming gas station may undergo building and site design modifications intended to improve or maintain the appearance of the station and the parcel on which it is located, such as building facade, sign, landscaping, and hardscape renovations. Such

modifications shall be subject to all applicable procedures and permit requirements (e.g., design review) specified in the San Anselmo Municipal Code, including this Title. and shall not violate any of the limitations of Subsection C of this Section.

(4)

Modifications for Other Commercial Uses. A nonconforming gas station can be modified to accommodate any land use permitted in the zoning district within which the gas station is located, subject to all applicable standards and required permits specified in the San Anselmo Municipal Code, including this Title; and provided the activity does not violate any of the limitations of Subsection C of this Section.

(5)

Modifications Required by Law. A nonconforming gas station shall be modified as required by law to comply with building safety requirements, such as seismic retrofitting, access for persons with disabilities, and similar modifications protecting public, health, safety, and welfare. An owner and /or operator of a nonconforming gas station shall be subject to all applicable procedures and permit requirements of the San Anselmo Municipal Code, including those of this Title, applicable to the modifications described in this Subsection prior to the commencement of such modifications.

(6)

Maintenance, Repair, and Replacement. A nonconforming gas station can undergo normal maintenance and repairs, including, painting, re-roofing, sign replacement. and similar activities subject to all applicable standards and required permits specified in the San Anselmo Municipal Code, including this Title: and provided the activity does not violate any of the limitations of Subsection C of this Section. Fossil fuel dispensing equipment can be maintained, repaired, and replaced as necessary subject to all applicable standards and required permits specified in the San Anselmo Municipal Code, including this Title; and provided such actions do not violate any of the limitations of Subsection C of this Section.

(e)

Loss of Legal Nonconforming Status. Without any further action by the Town, a nonconforming gas station shall not retain the benefits of this Section and its owner and/or operator shall be conclusively presumed to have abandoned the gas station's legal nonconforming status if and when:

(1)

The nonconforming gas station ceases selling, storing, or dispensing fossil fuels for a continuous period of 180-days or more; or

(2)

The nonconforming gas station is converted to or replaced by a permitted, non-gas station use.

(f)

Removal of Abandoned Nonconforming Gas Station. The owner and/or operator of a nonconforming gas station that loses its legal nonconforming status pursuant to Subsection E of this Section shall be deemed to have abandoned the nonconforming gas station and the gas station's nonconforming status. Accordingly, an abandoned gas station shall be physically removed from its site. Physical removal of the gas station shall mean demolition of all fossil fuel sale, storage, and dispensing infrastructure, including the removal of underground storage tanks pursuant to all applicable demolition regulations of the Town and procedures and permits of all regulatory agencies with jurisdiction over gas stations. The physical removal of an abandoned gas station shall be completed within 180-days of abandonment of the use as determined by the Planning Director under the provisions of Subsection E of this Section.

(g)

Destruction of a Nonconforming Gas Station. A nonconforming gas station that is damaged or destroyed by any means may be restored or reconstructed as it existed immediately prior to being damaged or destroyed subject to the limitations of Subsections C and D of this Section. The restoration or reconstruction of a nonconforming gas station shall be completed, as confirmed by a final building inspection, within two (2) years of the date the gas station was damaged or destroyed. Failure to complete such restoration or reconstruction within the specified timeframe shall constitute abandonment of the nonconforming gas station.

(Ord. No. 1183, § 3, 12-12-2023)

Article 7. - Zoning Ordinance Implementation Procedures

The purpose of this article is to establish procedures for administering discretionary actions associated with implementing the zoning ordinance. This article establishes application submittal requirements, review authority, mandatory findings for approval, public hearing requirements, appeal procedures, duration of approval, and renewal of approvals.

(§ 1, Ord. 917, eff. February 26, 1991)

The following is the prescribed hierarchy order of discretionary actions:

(a)

Zoning ordinance amendment;

(b)

Planned Development;

(c)

R-1-H Preliminary Development Plan (advisory only);

(d)

R-1-H Precise Development Plan;

(e)

Tentative Map;

(f)

Conditional use permit;

(g)

Variance;

(h)

Design review.

Applications for any and all discretionary actions may be filed and processed concurrently, so long as each application is acted upon independently and in the order prescribed by this section.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 2025-1190, § 2(Exh. A)(9), 5-27-2025)

All projects subject to review by the San Anselmo Planning Commission which include landscaping must comply with the latest adopted water conservation ordinance of the Marin Municipal Water District. Prior to final approval of any landscape plan, the applicant shall provide written confirmation to the Town that the Water District has approved the landscape plan.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 1, Ord. 936, eff. January 21, 1993)

Article 8. - Zoning Ordinance Amendment

The purpose of a zoning ordinance amendment is to allow any portion of Chapter 3 of Section 10 of the San Anselmo Municipal Code, including text, land use, development standards, definitions, maps, or procedures, to be amended. Zoning ordinance amendments may include all or any portion of the following:

(a)

Adoption of zoning ordinance (Article 1)

(b)

Designation and Establishment of Districts (Article 2)

(c)

Land Use Regulations (Article 3)

(d)

Development Standards (Article 4)

(e)

Parking and Loading Regulations (Article 5)

(f)

General Provisions (Article 6)

(g)

Zoning Ordinance Implementation Procedures (Article 7)

(h)

Zoning Ordinance Amendment (Article 8)

(i)

Planned Development (Article 9)

(j)

R-1-H Preliminary Development Plan (Article 10)

(k)

R-1-H Precise Development Plan (Article 11)

(l)

Tentative Map (Article 12)

(m)

Conditional Use Permit (Article 13)

(n)

Variance (Article 14)

(o)

Design Review (Article 15)

(p)

Noticing—Public Hearings—Zoning Applications (Article 16)

(q)

Definitions (Article 17)

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 2025-1190, § 2(Exh. A)(10), 5-27-2025)

A zoning ordinance amendment having a substantial impact on land use may be initiated by any of the following:

(a)

The owner or owners of a lot or lots for which a zoning ordinance amendment is sought, when the zoning ordinance amendment is sought to benefit a single lot or a limited group of lots; or

(b)

The Town Council, when the zoning ordinance amendment will benefit either a single lot, a group of lots, limited or not, an entire District or Districts, or the Town as a whole. The initiation of a zoning ordinance amendment by the Town Council may be either upon the Council's initiation, or by recommendation of the Planning Director, the Planning Commission, or a member or members of the public.

(§ 1, Ord. 917, eff. February 26, 1991)

An application for a zoning ordinance amendment shall include, at a minimum, the following:

(a)

A completed application form of a content specified by the Planning Director;

(b)

A completed environmental information work sheet of a content and form specified by the Planning Director; and

(c)

Payment of fees for the review and processing of a zoning ordinance amendment, in a fashion and manner as may be prescribed by the Town Council.

(§ 1, Ord. 917, eff. February 26, 1991)

The Planning Commission shall make a recommendation to the Town Council on a proposed zoning ordinance amendment after one or more public hearings on the zoning ordinance amendment by the Planning Commission. The recommendation or recommendations of the Planning Commission to the Town Council on a proposed zoning ordinance amendment shall include a summary of the Planning Commission's review of the ordinance amendment in relation to the required finding set forth by Section 10-3.805.

The Town Council shall act on a zoning ordinance amendment following the receipt of a recommendation of the ordinance amendment from the Planning Commission and after one or more public hearings on the zoning ordinance amendment by the Town Council. Prior to acting on a zoning ordinance amendment the Town Council shall consider the recommendation or recommendations of the Planning Commission.

(§ 1, Ord. 917, eff. February 26, 1991)

Approval of a zoning ordinance amendment shall be made only after the making of the following finding:

(a)

The zoning ordinance amendment in its entirety is in compliance with all provisions of the Town of San Anselmo General Plan.

(§ 1, Ord. 917, eff. February 26, 1991)

Article 9. - Planned Development[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 2025-1190, § 2(Exh. A)(11), adopted May 27, 2025, repealed the former Article 9, §§ 10-3.901—10-3.909, and enacted a new Article 9, §§ 10-3.901—10-3.906 as set out herein. The former

Article 9 pertained to preliminary and specific planned development Districts and derived from § 1, Ord. 917, eff. February 26, 1991.

The Town contains numerous lots which, because of size, hillside location, unusual topography, natural resources, or aesthetic appeal, cannot appropriately be developed through adherence to rigid zoning restrictions. The special characteristics of these lots necessitate a flexible approach to the development of these lots which will provide for logical and orderly development, and at the same time, promote the health, safety, and general welfare of the Town, and adherence to the General Plan.

Planned development contemplates flexibility and variety in the location of buildings and the diversity of lot sizes and building designs. The Planned Development is intended to accommodate various types of development such as neighborhood and district shopping centers, single family residential developments, professional, multiple housing developments, commercial centers, and any other use, or combination of uses which can be made a part of a Planned Development.

(Ord. No. 2025-1190, § 2(Exh. A)(11), 5-27-2025)

(a)

Use of Planned Development. A property owner or their designee may request establishment of a Planned Development through approval of a Conditional Use Permit, as set forth in Article 13 of this chapter of the San Anselmo Municipal Code, for any development within the applicable zoning district. Approval of a Conditional Use Permit for a Planned Development:

(1)

May adjust or modify applicable development standards (e.g., development envelope, off-street parking, street layout, etc.) identified in this Municipal Code.

(2)

May authorize a land use activity that is not otherwise allowed in the applicable zoning district in Table 3A of the Municipal Code provided that:

1.

The primary uses of the Planned Development are allowed in the applicable zoning district; and

2.

The Planned Development maintains the characteristics and purpose of the applicable zoning district; and

(3)

Shall be required before the approval of any Building, Grading, or other construction permit required by this Municipal Code for the proposed development.

(b)

Compliance with General Plan. Strict compliance with the purpose and intent of the General Plan and any applicable plans adopted by the Town shall be required.

(Ord. No. 2025-1190, § 2(Exh. A)(11), 5-27-2025)

The applicant shall prepare and submit an application for a Conditional Use Permit to the Town for the approval of a Planned Development. The application shall include all information required by the Town, as set forth in Article 13 of this chapter of the San Anselmo Municipal Code.

(Ord. No. 2025-1190, § 2(Exh. A)(11), 5-27-2025)

The Planning Commission shall review and act upon a Conditional Use Permit for a proposed Planned Development after one or more public hearings. The Planning Commission's decision may be appealed pursuant to Section 10-1.06 of the San Anselmo Municipal Code.

(Ord. No. 2025-1190, § 2(Exh. A)(11), 5-27-2025)

Following a hearing, the review authority shall issue a written decision with the findings upon which the decision is based. The review authority may approve and/or modify, in whole or in part, with specific development conditions or deny the application. In order to qualify for a Planned Development, the following findings, with or without conditions, shall be made:

(a)

The lot or lots is/are of sufficient size and otherwise suitable for planned development;

(b)

The land uses in the planned development are allowed within the subject zoning district;

(c)

Planned development of the lot or lots would promote the purposes set forth in Section 10-3.901 of this article of the San Anselmo Municipal Code;

(d)

The planned development is consistent with the Town's General Plan, with specific reference to the applicable sections of the General Plan;

(e)

The planned development is necessary to allow for development that would not be achievable under the strict application of the provisions and standards identified in this Municipal Code;

(f)

The planned development provides required public infrastructure improvements consistent with the standards of the applicable utility providers, including but not limited to emergency vehicle access, water supply, wastewater disposal, and stormwater management. All required infrastructure shall be installed and operational prior to occupancy, and all development impact fees shall be paid in accordance with applicable Town ordinances;

(g)

The approval of the planned development is in compliance with the requirements of the California Environmental Quality Act (CEQA); and

(h)

The planned development meets the additional findings set forth in Article 13 of this chapter of the San Anselmo Municipal Code, as applicable.

(Ord. No. 2025-1190, § 2(Exh. A)(11), 5-27-2025)

All changes to a Planned Development shall require approval of a Conditional Use Permit, as set forth in Article 13 of this chapter, and all other applicable permits set forth in the San Anselmo Municipal Code.

(Ord. No. 2025-1190, § 2(Exh. A)(11), 5-27-2025)

Article 10. - R-1-H Preliminary Development Plan (Voluntary—Advisory)

The purpose of the Preliminary Development Plan is to provide for the early review of conceptual development proposals for undeveloped lands, certain reconstruction of existing development, and certain expansions of existing development for all lots located within the R-1-H Zoning District. The Preliminary Development Plan is a voluntary step in the development review process. It is designed to allow a potential applicant for a Precise Development Plan to explore general concepts and receive comments on those concepts from the Town and the community at large. The Preliminary Development Plan is a non-binding pre-application review process which results in no commitments or entitlements to the applicant for a Precise Development Plan.

(§ 1, Ord. 917, eff. February 26, 1991)

Development Plan.

A Preliminary Development Plan may be initiated by the following:

(a)

The owner or owners of record of a lot or lots for which a Preliminary Development Plan is sought, when such a Preliminary Development Plan is sought to benefit a single lot or a limited group of lots.

(§ 1, Ord. 917, eff. February 26, 1991)

Payment of fees required to reimburse the Town for the cost of conducting the Planning Commission public meeting.

The applicant shall submit the following to make the preliminary development review meaningful:

(a)

A completed pre-application form of a content specified by the Planning Director;

(b)

A preliminary geology and soils report for the entire project site, prepared by a licensed soils engineer, which shall include an assessment of the project site's general geologic and soils characteristics and an assessment of the development suitability of the entire project site. The preliminary geology and soils report

shall also include, at a minimum, the general boundaries and anticipated depth of any areas determined to be areas of slide, soil creep, or other geotechnically unstable areas;

(c)

A topographic map entitled "Preliminary Development Plan" including the project site, and generally delineating existing conditions and attributes of the project site, and including the following information:

(1)

The boundaries of the project site as defined by the outermost property lines of the project site and including all existing property lines interior to the outermost property lines of the project site;

(2)

Existing topographic contour lines based on Mean Sea Level Datum and delineated at elevation intervals of five (5′) feet;

(3)

The general location of all major tree stands and of all heritage trees;

(4)

All tree and vegetation canopies;

(5)

All existing buildings, structures, and other improvements to the land, including roadways, driveways, pedestrian ways, above grade and below grade utility lines, and including for each building, structure, or other improvement to the land, the owner's name and building site address;

(6)

All existing recorded and prescriptive easements, including, but not limited to, access, utility, and open space easements;

(7)

All proposed parks, open space, and access easements;

(8)

All primary and secondary ridgelines;

(9)

The boundaries of all primary and secondary ridge zones;

(10)

The proposed building envelope(s) for all proposed buildings, structures, and other improvements to the land;

(11)

The proposed vehicular circulation system for the project site, including both public and private roadways, driveways, and pedestrian ways; and

(12)

Estimated traffic generation as it effects streets within and in the vicinity of the proposed development;

(d)

A conceptual grading plan showing the general location and volume of all proposed cuts and fills and the general locations, heights, lengths, and widths of retaining walls. The conceptual grading plan shall include the location, grades, widths and types of improvements proposed for all on and off-site roads, driveways, parking areas, pedestrian ways, bicycle paths and utilities;

(e)

A conceptual landscape plan designed to preserve, whenever possible, existing vegetation and to screen all proposed buildings, structures, and other improvements to the land, from off-site views;

(f)

Photographs of the site including (1) close-up; (2) mid-range; and (3) distant views; and

(g)

Any additional information determined by the Planning Director necessary for the review of the proposed Preliminary Development Plan.

(§ 1, Ord. 917, eff. February 26, 1991)

The review of the Preliminary Development Plan pre-application shall not be subject to the time limitations as set forth in the California Government Code.

Noticing procedures shall be in accordance with the California Government Code, and supplemented with the posting of a twelve (12) square foot sign on the property in a location of greatest visibility to surrounding properties.

The Planning Commission shall review and comment on a Preliminary Development Plan after one or more public meetings on the Preliminary Development Plan. No findings shall be made for the Preliminary Development Plan.

(§ 1, Ord. 917, eff. February 26, 1991)

Article 11. - R-1-H Precise Development Plan

10-3.1101 - Purpose and intent.

The purpose of the Precise Development Plan is to establish the precise location of all buildings, structures, roadways, pedestrian ways, and other improvements to the land and the precise boundaries and alignments of pedestrian, equestrian, and open space easements. The approval of a Precise Development Plan shall precede the approval of a tentative tract map, if required, and design review for all uses of the land within the R-1-H Zoning District. The Precise Development Plan shall be in substantial conformance with the approved Preliminary Development Plan.

(§ 1, Ord. 917, eff. February 26, 1991)

Prior to submission of a Precise Development Plan application, the applicant shall meet with the Open Space Committee at a scheduled public meeting to discuss subject property.

(§ 1, Ord. 917, eff. February 26, 1991)

A Precise Development Plan shall be initiated by the following:

(a)

The owner or owners of record of a lot or lots for which a Precise Development Plan is sought, when such a Precise Development Plan will benefit a single lot or a limited group of lots.

(§ 1, Ord. 917, eff. February 26, 1991)

An application for a Precise Development Plan shall include, at a minimum, the following:

(a)

A completed application form of a content specified by the Planning Director;

(b)

A completed environmental information work sheet of a content and form specified by the Planning Director;

(c)

Payment of fees for the review and processing of an R-1-H Precise Development District, in a fashion, manner and rate as may be prescribed by the Town Council;

(d)

A report prepared by the Open Space Committee summarizing the discussion with the applicant regarding subject property;

(e)

A topographic map entitled "Proposed Precise Development Plan," prepared by a licensed civil engineer or licensed land surveyor, and including the project site and all lands lying within 100 horizontal feet of the boundaries of the project site, whether under the ownership of the applicant or not, delineating existing conditions and attributes of the project site, delineating the following information:

(1)

The boundaries of the project site as defined by the outermost property lines of the project site and including all existing property lines interior to the outermost property lines of the project site;

(2)

The existing property lines of all lots located within 100 horizontal feet of the project site;

(3)

The proposed interior property lines, if any;

(4)

Construction level detail of the design and location of all functional use areas such as roadways, landscaped areas, open space areas, building envelopes, bicycle and pedestrian circulation;

(5)

Existing topographic contour lines based on Mean Sea Level Datum and delineated at elevation intervals of five (5′) feet;

(6)

The boundaries of all geotechnical constraints of the project site as may be described in the soils report as required by subsection (f) of this section;

(7)

All existing trees having a trunk circumference, measured two (2′) feet above the lowest existing ground level at the base of the tree, of twenty-four (24″) inches or greater, and indicating the botanical and common name of the tree(s);

(8)

All tree and vegetation canopies;

(9)

All existing buildings, structures, and other improvements to the land, including roadways, driveways, pedestrian ways, and above grade and below grade utility lines, and including for each building, structure, or other improvement to the land, the owner's name and building site address;

(10)

All existing recorded and prescriptive easements and all proposed easements, including, but not limited to, access, utility, and open space easements, on which development or other improvement of the land, is restricted or unrestricted;

(11)

All proposed parks;

(12)

All primary and secondary ridgelines;

(13)

The boundaries of all primary and secondary ridge zones;

(14)

Estimated traffic generation as it affects streets within and in the vicinity of the proposed development;

(15)

The metes and bounds description of the outermost property lines of the project site;

(16)

Proposed topographic contour lines based on Mean Sea Level Datum and delineated at elevation intervals of five (5′) feet;

(17)

The proposed building envelope(s) for all proposed buildings, structures, and other improvements to the land;

(18)

The proposed vehicular circulation system for the project site, including both public and private roadways, driveways, and pedestrian ways; and

(19)

Roadway improvements with spot centerline elevations at least every 100 horizontal feet;

(f)

An updated, detailed, construction level, soils report, prepared by a licensed soils engineer. The report shall certify that the proposed building sites, roads and other improvements indicated on the Precise Development Plan can be reasonably and safely developed as shown. All unstable areas shall be identified with appropriate recommendations for stabilization addressed in the report. Before an application for approval of a Precise Development Plan is accepted as complete, the Planning Director and Public Works Director shall review and accept the report;

(g)

Construction plan showing detailed grading, including the volume of all proposed cuts and fills, drainage, sewer, water and other utilities. The construction plan shall set forth the types, sizes, weight, and number of pieces of construction equipment and vehicles intended to be used in improving the property, specifying the route to be used to deliver equipment to the site, number of workers, and parking provisions for worker's vehicles, how and where equipment vehicles will be stored on site, and the anticipated length of time needed to complete improvements;

(h)

Plans for the location, grades, widths and types of improvements proposed for all on and off-site streets, driveways, parking areas, pedestrian ways, bicycle paths and utilities;

(i)

A detailed landscaping plan for subdivision improvements and grading. The landscape plan shall show the following:

(1)

Location, number and name of all existing and proposed trees, shrubs and ground cover;

(2)

Adequacy of the landscaping to screen all proposed buildings, structures, and other improvements to the land, from off-site views; and

(3)

An irrigation plan to preserve, whenever possible, existing vegetation. With the irrigation plan, the applicant shall provide estimates of the size of the plants after five (5) years of growth and at maturity, and information on the ideal environment and maintenance requirements for the plants;

(j)

A detailed statement, indicating the phases of construction proposed for the entire development, including the duration and the timing of each phase on plans submitted;

(k)

Statement of provisions for ultimate ownership, CC and R's and maintenance of all parts of the development, including suitable deed covenants providing for continuing use of property for local open space purposes, streets, roadways, and structures;

(l)

For any hillside or ridge parcel, which is served by an existing roadway, the Town will prepare, and the applicant will pay for, a study of the existing road conditions. The study will include recommendations for improvements which are consistent with Policies 10.1 through 10.3 of the Circulation Element of the San Anselmo General Plan;

(m)

Photographs of the site including: (1) close-up; (2) mid-range; and (3) distant views; and

(n)

Any additional drawings or information which are required by the Planning Director to determine compliance with the San Anselmo General Plan and Municipal Code.

The Planning Director may waive any of the preceding application requirements, if, in the Director's opinion, the information is unnecessary or unreasonable for a specific application. Such items and the reason why they were waived shall be explained in the staff report to the Planning Commission.

(§ 1, Ord. 917, eff. February 26, 1991)

The Planning Commission shall review and act upon the Precise Development Plan after one or more public hearings on the Precise Development Plan by the Planning Commission.

(§ 1, Ord. 917, eff. February 26, 1991)

Approval, which may include the imposition of conditions, of a Precise Development Plan shall be made only after the making of all of the following findings:

(a)

That the Precise Development Plan protects and preserves the natural and existing land forms and vegetation of the hillside and ridges, watercourses, and any unique habitats located on the property;

(b)

That the precise grading plan is designed to retain the natural and existing features of the land, that cuts and fills are minimized and that all graded areas are rounded and contoured to blend with the existing topography;

(c)

That both on-site and off-site roadways are structurally suitable and adequate to carry projected traffic, and that the proposed development will not generate traffic which cannot be adequately accommodated by the roadway network outside the project area;

(d)

That the intensity of development will not have the potential to make a residential street traffic dominated;

(e)

That building site locations and the access to said building sites are selected to minimize visibility of the development from the remainder of the community, and are geologically stable;

(f)

That development is located so as to be screened by portions of the site where existing topography provides screening or by existing woodlands. Development within existing woodlands may be allowed if tree removal is minimal;

(g)

That landscaping is provided to screen, maintain or improve the overall visual quality of the project as it relates to the community; that said landscaping stabilizes erodible soil; and that said landscaping camouflages the visually harsh aspects of improvements such as cuts, fills, and retaining walls. That the type and character of plant materials employed in said landscaping are reasonably related to plants in the surrounding areas. That said landscape plans demonstrate a recognizable pattern or theme for the overall development by choice and location of plant varieties;

(h)

That pedestrian easements are provided where pedestrian facilities are not contained within streets. That continued use of established local trails and trails associated with the accepted County wide Trails Plan is preserved;

(i)

That where developable land exists beyond the development being considered, that road easements and dedications are provided to the appropriate bodies. That such easements are to the same standards as other public roads within the development;

(j)

That where developments include dedication of public open space, or that where developments abut existing public open space, that access to said public open space is provided for the public, including public emergency, and public open space management vehicles and equipment;

(k)

That construction, if any, within ridge zone meets the following findings:

(1)

That any construction within the ridge zone is permitted only when the applicant has demonstrated to the satisfaction of the Planning Director and the Planning Commission that construction outside of the ridge zone would be detrimental with respect to soil and geologic conditions, vegetation removal, drainage and such other factors as are determined to be pertinent; and

(2)

That construction allowed within the ridge zone, under this article, is kept to a low visual profile, the acceptance of which shall be determined in the design review process;

(l)

That the Precise Development Plan does not adversely affect the health or safety of persons in or adjacent to the area or endanger property located in the surrounding area;

(m)

That the Precise Development Plan is in conformance with the San Anselmo General Plan, with specific reference to the applicable sections of the General Plan; and

(n)

That each individual phase of development, as well as the total development, can exist as an independent unit.

(§ 1, Ord. 917, eff. February 26, 1991)

Article 12. - Tentative Map

(a)

Tentative parcel and tract maps and final parcel and tract maps shall be processed in accordance with Chapter 2 of Title 10 of the San Anselmo Municipal Code.

(b)

A tentative map prepared on lands within the R-1 H zoning district shall be submitted after Planning Commission approval of the Precise Development Plan and shall be in substantial compliance with the approved Precise Development Plan.

(c)

A tentative map prepared on lands within the R-1 H zoning district shall contain the following information in addition to that required by Chapter 2 of Title 10 of the San Anselmo Municipal Code:

(1)

Lands to be offered for dedication as public open space;

(2)

Public access and trail easements across private property;

(3)

All lands to be held in any sort of undivided ownership;

(4)

Emergency and through access easements.

(d)

An improvement plan shall be prepared in accordance with Chapter 2 of Title 10 of the San Anselmo Municipal Code and reviewed by the Planning Director for conformance to the approved Precise Development Plan. When there are conflicts between

the improvement plan and the approved Precise Development Plan that cannot be resolved with the applicant, or there are significant changes that warrant consideration, the Planning Director shall refer the Improvement Plan to the Planning Commission for review and approval.

(§ 1, Ord. 917, eff. February 26, 1991)

Article 13. - Conditional Use Permit

10-3.1301 - Purpose and intent.

The purpose of a conditional use permit is to allow for the review of a specific use or uses to ensure that the use is compatible with surrounding land uses and to allow, if necessary, the imposition of conditions to ensure the use or uses comply with intent of the ordinance codified in this chapter.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

10-3.1302 - Initiation of a conditional use permit.

A conditional use permit may be initiated by any of the following:

(a)

The owner or owners of record of a lot or lots for which a conditional use permit is sought; or

(b)

The Town Council, when such conditional use permit is required for activities taken on behalf of the Town. The initiation of a Conditional use permit by the Town Council may be either upon the Council's initiation, or by recommendation of the Planning Director or the Planning Commission.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

An application for a conditional use permit shall include, at a minimum, the following:

(a)

A completed application form of a content specified by the Planning Director;

(b)

A completed environmental information work sheet of a content and form specified by the Planning Director; and

(c)

Payment of fees for the review and processing of a conditional use permit, in a fashion and manner as may be prescribed by the Town Council.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

A conditional use permit may be acted upon either by (1) the Planning Director; or (2) after the Planning Commission conducts one (1) or more public hearings on the conditional use permit.

The following identifies which conditional use permit applications may be acted upon by the Planning Director and which use permit applications shall be acted upon by the Planning Commission:

(a)

Planning Director.

(1)

Accessory use, when such a use is very low in scale, will not cause a significant increase in intensity of use of the property, and will not alter the primary use of the facility.

(2)

Outdoor storage and display of merchandise, plants, and street furniture based upon one (1) of the following:

(a)

Within the "C" Districts, the outdoor display and sale of merchandise for a limited time period; and

(b)

Within all Districts, the outdoor placement of plants and street furniture on public or private property in limited quantity which, in the opinion of the Planning District will not hinder the free use of the public sidewalk. Such plants and street furniture shall not bear signs, price tags, or other indications that the plants or street furniture is for sale or rent.

(3)

Temporary uses.

(a)

Temporary uses. Any use may be authorized on a temporary basis in any commercial zoning district for up to and no more than one (1) year provided the use conforms with the Town's Building and Fire Codes. The Planning Director may allow a single extension of the original time limits and not to exceed the length of the time originally allowed.

The Planning Director may refer any of the above to the Planning Commission if, in the opinion of the Planning Director, review by the commission is desirable.

(b)

Planning Commission.

All other conditional use permit applications not identified in subsection (a) of this section.

Should a property require more than one (1) planning application and should any of those applications require Planning Commission review, then all planning applications associated with the property shall require Planning Commission review.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1179, § 4(Exh. A), 8-22-2023)

Approval of a conditional use permit, which may include the imposition of conditions, shall be made only after the making of the following findings:

(a)

The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the Town.

In addition to the foregoing finding, special findings shall be made for certain districts or uses, as follows:

(b)

Gasoline Stations—All Districts:

(1)

Full Serve and Self-Service Gasoline Stations—ALL DISTRICTS: All operations including storage, excepting service with gasoline, oil, air, and water shall be conducted within a closed building.

(2)

Self-Service Gasoline Stations—ALL DISTRICTS: The granting of the conditional use permit will not adversely affect the public health, safety, or welfare by either diminishing the availability of minor emergency health and safety services, including rest rooms and minor automobile repair.

(c)

Limited Commercial (C-L) District—All Uses Requiring a Conditional use Permit: The granting of the conditional use permit will not allow a use which generates traffic at a rate greater than:

(1)

Fifty (50) vehicle trip ends for each one thousand (1,000) gross square feet of gross leasable building area; or

(2)

The existing number of trips during the a.m. and p.m. peak hours generated by the existing use as of July 22, 1997 (the determination for vacant buildings will be the most recent use between February 26, 1991

and July 22, 1997) on Sir Francis Drake Boulevard. Those numbers of traffic trips typically generated for existing and proposed uses shall be obtained from the current edition of Trip Generation, Institute of Transportation Engineers.

(d)

The granting or denying of a conditional use permit for the on-sale and off-sale of beer and wine in conjunction with the sale of motor fuel shall be subject to the following:

(1)

The findings shall be based on substantial evidence in view of the whole record to justify the ultimate decision; and

(2)

In addition to the standards listed in the state Business and Professions Code Licensing Restrictions, the Town has the authority to further condition the conditional use permit.

(e)

Conversion of a residential use to another use for buildings constructed on or before May 22, 1997: The granting of a conditional use permit will not allow a use that diminishes the existing affordable housing stock, including multifamily units and mixed use units (e.g., residential units above commercial uses), unless there is a clear public benefit or equivalent housing can be provided.

(f)

Animal Boarding: All exterior walls shall be soundproofed to eliminate potential animal noise to the exterior of the building.

(g)

Light Manufacturing: The use shall not cause odors, noise, and other factors which make the environment less desirable.

(h)

All Commercial Uses: The size and operating characteristics of the proposed development would provide a balanced mix of uses that would be compatible with the existing and future land uses in the vicinity.

(i)

Planned Development — All Districts: Refer to the findings in Article 9 of this chapter of the San Anselmo Municipal Code.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 2, Ord. 974, eff. March 15, 1996, § 2, Ord. 982, eff. May 22, 1997, § 2, Ord. 986, eff. August 21, 1997, § 2, Ord. 998, eff. August 13, 1998, Ord. 1021, eff. August 23, 2001, Ord. 1027, eff. July 24, 2002, and § 4, Ord. 1033, eff. June 24, 2003)

(Ord. No. 1069, 3-24-2009; Ord. No. 1150 § 2(Exh. 1), 9-22-2020; Ord. No. 1179, § 4(Exh. A), 8-22-2023; Ord. No. 2025-1190, § 2(Exh. A)(12), 5-27-2025)

Article 14. - Variance

The purpose of a variance is to allow for deviations from development standards set forth in the Development Standards Table, referred to as Table 4A, of the San Anselmo Municipal Code.

(§ 1, Ord. 917, eff. February 26, 1991)

10-3.1402 - Initiation of a variance.

A variance may be initiated by the following:

The owner or owners of record of a lot or lots for which a variance is sought.

(§ 1, Ord. 917, eff. February 26, 1991)

An application for a variance shall include, at a minimum, the following:

(a)

A completed application form of a content specified by the Planning Director;

(b)

A completed environmental information work sheet of a content and form specified by the Planning Director; and

(c)

Payment of fees for the review and processing of a variance, in a fashion and manner as may be prescribed by the Town Council.

(§ 1, Ord. 917, eff. February 26, 1991)

A variance may be acted upon by either (1) the Planning Director; or (2) after the Planning Commission conducts one or more public hearings on the variance. The following identifies which variance applications may be acted upon by the Planning Director and which variance applications shall be acted upon by the Planning Commission:

(a)

Planning Director.

The list of administrative variances, which require discretionary action by the Planning Director, is included in the Minor Intrusions Into Required Residential Development Standards Table, referred to as Table 4B.

The Planning Director may refer any of the above to the Planning Commission if, in the opinion of the Planning Director, review by the Commission is desirable.

Should a property require more than one planning application, and should any of those applications require Planning Commission review, then all planning applications associated with the property shall require Planning Commission review.

(b)

Planning Commission.

All other variance applications not identified in the Minor Intrusions Into Required Residential Development Standards Table, referred to as Table 4B.

(§ 1, Ord. 917, eff. February 26, 1991)

Approval of a variance, which may include the imposition of conditions, shall be made only after the making of all of the following findings:

(a)

Due to special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the controlling zoning ordinance or regulation deprives the property of privileges enjoyed by other property in the vicinity and under an identical zoning classification, and the granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and

(b)

The granting of the variance, under the circumstances of the particular case, will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

(§ 1, Ord. 917, eff. February 26, 1991)

Article 14.5. - Minor Exceptions

The purpose of a minor exception is to allow for minor deviations from development standards set forth in the Development Standards Table, referred to as Table 4A of the San Anselmo Municipal Code, subject to the findings set forth below. This process is a more flexible approach for reviewing homeowner's minor

projects while still providing safeguards for the residential neighborhoods by way of the required findings for approval that address aesthetics, bulk, light, air and privacy.

(Ord. No. 1069, 3-24-2009)

A minor exception may be initiated by the owner or owners of record of a lot for which a minor exception permit is sought.

(Ord. No. 1069, 3-24-2009)

10-3.14.503. - Application requirements.

An application for a minor exception shall include, at a minimum, the following:

(a)

A completed application form of a content specified by the Planning and Building Director; and

(b)

Payment of fees for the review and processing of a minor exception, in a fashion and manner as may be prescribed by the Town Council.

(Ord. No. 1069, 3-24-2009)

10-3.14.504. - Review of minor exception.

A minor exception may be acted upon by either (1) the Planning and Building Director; or (2) after the Planning Commission conducts one (1) or more public hearings on the minor exception. All minor exceptions are listed in the Minor Intrusions Into Required Residential Development Standards Table, referred to as Table 4B.

The Planning and Building Director may refer any of the above to the Planning Commission if, in the opinion of the Planning and Building Director, review by the Commission is desirable.

Should a property require more than one (1) planning application, and should any of those applications require Planning Commission review, then all planning applications associated with the property shall require Planning Commission review.

(Ord. No. 1069, 3-24-2009)

Approval of a minor exception, which may include the imposition of conditions, shall be made only after the making of all of the following findings:

(a)

For an accessory structure, arbor, trellis, awning, chimney, cornice, eave, fireplace, outdoor barbeque and counter, carport, garage, deck, landing, stairway, enclosure of an area directly below an existing deck, dwelling infill extension, hot tub, parking deck, parking space, swimming pool, and windows.

(1)

The impact of the proposed minor exception is de-minimus and will not significantly exacerbate existing, or create a significantly new, non-conformity; and

(2)

Will not unreasonably impair access to light and air of structures on neighboring properties and will not unreasonably affect the privacy of neighboring properties; and

(3)

Will not add to, and preferably reduce, the apparent visual bulk of a structure; and

(4)

Will contribute to the aesthetic and/or physical functionality of the dwelling structure or improve the life safety of the dwelling; and

(5)

In no instance shall a minor exception be granted where the effect of approval would be to cause the structure to be expanded by more than one hundred (100) square feet; and

(6)

Will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

(b)

For Chicken Coops:

(1)

The impact of the proposed minor exception is de-minimus; and

(2)

The coop will be at least 25 feet from adjacent residential structures; and

(3)

If within a front yard setback, the coop will be adequately screened from public view; and

(4)

The coop will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

(Ord. No. 1069, 3-24-2009; Ord. No. 1108, § 3, 7-26-2016)

Article 15. - Design Review*

• Former Sections 10-4.01 through 10-4.15 codified from Ordinance No. 547, as amended by Ordinance Nos. 608, effective January 7, 1971, 641, effective January 11, 1973, 699, effective February 24, 1976, 707, effective June 22, 1976, 716, effective December 9, 1976, 726, effective March 10, 1977, 730, effective March 22, 1977, 741, effective April 27, 1978, 750, effective November 23, 1978, 766, effective September 13, 1979, 795, effective January 22, 1981 and 894, effective January 21, 1988, recodified and renumbered by Ordinance No. 917, effective February 26, 1991.

The purpose of design review is to minimize adverse effects of poor or inappropriate exterior design of improvements to real property by providing for the review of the design of certain buildings and improvements hereafter constructed in the Town.

Poor or inappropriate exterior design of improvements to real property adversely affects the health, safety, and welfare of the residents of the Town by creating conditions which:

(a)

Endanger the lives of persons using adjacent streets and property;

(b)

Decrease property values in the surrounding area or the Town as a whole;

(c)

Impair the comfort and well-being of the persons using such real property; and/or

(d)

Are aesthetically incompatible with adjacent real property.

The intent of design review is to ensure the above adverse effects are eliminated or minimized through the imposition, if necessary, of conditions that cause the improvements to comply with the intent of this chapter.

The Town shall seek to encourage creativity and variety in design by the review established by the provisions of this chapter. The term "improvement," as used in this section, shall be liberally interpreted and shall include the construction, alteration, and repair of all buildings, structures, access structures, and facilities on real property and appurtenances thereto.

No improvement subject to design review shall thereafter be constructed, located, repaired, altered, or thereafter maintained, except with a design approved in accordance with Section 10-3.1601 of this chapter of the San Anselmo Municipal Code.

(§ 1, Ord. 917, eff. February 26, 1991)

10-3.1502 - Initiation of design review.

Design review may be initiated by any of the following:

(a)

The owner or owners of record of a lot or lots for which design review is sought; or

(b)

The Town Council, when such design review is required for activities taken on behalf of the Town. The initiation of design review by the Town Council may be either upon the Council's initiation, or by recommendation of the Planning Director, or designee, or the Planning Commission.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1184, § 6, 1-9-2024)

10-3.1503 - Application requirement.

Any person or entity proposing to construct or locate in the Town an improvement subject to design review hereunder shall file an application for design review with the Planning Department.

An application for design review shall include, at a minimum, the following:

(a)

A completed application form of a content specified by the Planning Director;

(b)

A completed environmental worksheet of a content and form specified by the Planning Director;

(c)

Payment of fees for the review and processing of design review, in a fashion and manner as may be prescribed by the Town Council;

(d)

Site plan;

(e)

Exterior elevations;

(f)

Color and material samples; and

(g)

Any other information deemed necessary, such as story poles, by the Planning Director.

(§ 1, Ord. 917, eff. February 26, 1991)

Design review may be acted upon either by (1) the Planning Director, or designee, administratively; or (2) after the Town Planning Commission conducts one (1) or more public meetings on the design review.

The following identifies which design review applications shall be acted upon by the Planning Director, or designee, and which design review applications shall be acted upon by the Planning Commission:

(a)

The Planning Director, or designee, may approve the following applications:

(1)

Any minor modifications to existing buildings, structures or improvements such as awnings, canopies, windows, doors, color changes, or other similar modifications.

(2)

All additions in residential zoning districts, subject to such review by the Planning Commission as may be required by another section of this Code.

The Planning Director, or designee, shall refer any of the above to the Planning Commission if, in the opinion of the Planning Director, or designee, review by the Commission is desirable.

Should a property require more than one (1) planning application and should any of those applications require Planning Commission review, then all planning applications associated with the property shall require Planning Commission review.

(b)

The Planning Commission shall review the following applications:

(1)

All exterior improvements to be constructed in the Town, except for those listed in subsection (a) of this section.

(2)

All exterior improvements to be constructed by public school districts and other governmental agencies to the extent permitted by law or by the agencies involved. Following such review, the Commission shall submit a written report of its recommendations and comments to the body proposing to construct the improvement.

(3)

All exterior improvements to be constructed by the Town that have been referred to them pursuant to Section 10-3.1502. A report and recommendations as to those improvements to be constructed by the Town shall be advisory only.

(4)

Any request to exceed the maximum adjusted floor area under Section 10- 3.412(e) or Table 4E.

Additions or repairs to any existing improvement shall not be subject to design review if the exterior thereof is not to be altered.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 2, Ord. 949, eff. August 27, 1993)

(Ord. No. 1133, § 4, 3-12-2019; Ord. No. 1158, § 4, 11-9-2021; Ord. No. 1184, § 7, 1-9-2024)

The following projects are subject to design review.

(a)

Commercial, Professional, and Residential R-3 (four (4) or more units, churches, and convalescent homes):

(1)

All new buildings; and

(2)

All exterior modifications including changes to exterior paint colors and exterior finishes and new or replacement mechanical equipment.

(b)

Residential R-1-H: All exterior modifications including changes to exterior paint colors and exterior finishes but excluding new or replacement mechanical equipment located in compliance with required setbacks and within building envelope and that meet all applicable requirements of the Town Noise ordinance.

(c)

Residential R-1-C and R-1 lots that include any area at or above one hundred fifty (150) feet Mean Sea Level (hillside):

(1)

New dwellings;

(2)

Any second story or higher additions; and

(3)

Any additions (which include deck and stairway structures, except those located on the uphill side of the dwelling) greater than five hundred (500) square feet in size. For purposes of determining additions, preexisting development that will be replaced in kind, will not be counted toward the five hundred (500) square feet, where such replacement involves no material change in visual effect due to identical size and identical or similar materials, design, and colors. Additions constructed after February 26, 1991, will be looked at cumulatively, henceforth, so that when the five hundred (500) square foot limit is triggered by the sum of all additions, design review will be required.

(4)

Any request to exceed the maximum dwelling size in Table 4E.

(d)

Residential R-1, R-2, and R-3 (three (3) or fewer units) lots below one hundred fifty (150) feet Mean Sea Level (flatland):

(1)

New dwellings;

(2)

Any second story or higher additions;

(3)

Any request to exceed the maximum adjusted floor area under Section 10-3.412(e);

(4)

Additions where the new construction will increase existing Adjusted Floor Area by fifty (50%) percent or more; and

(5)

Additions in conjunction with the demolition of fifty (50%) percent or more of the existing exterior walls of a dwelling structure above the foundation. The Community Development Director or designee may develop written guidelines for what is included in exterior wall demolition, which shall be measured in square feet and shall include the square feet of windows and doors that are removed.

For purposes of making the above determinations, pre-existing development that will be replaced in kind shall not be counted where such replacement involves no material change in visual effect due to identical

size and identical or similar design. Additions include decks, roof decks, and stairway structures. Demolition and a fifty (50%) percent building increase performed after March 24, 2009, will be looked at cumulatively, henceforth, so that when the limit is triggered by the sum of all the work performed, design review will be required.

(e)

Residential R-1 and R-2 design review for additions to existing dwellings and accessory structures originally and legally built less than eight (8) feet but not less than five (5) feet from the interior side property line.

(f)

All parking spaces created in required setbacks in association with conversion of a garage to an accessory dwelling unit pursuant to Section 10-3.504(b).

(g)

Any project subject to design review in the Minor Intrusions Into Required Residential Development Standards Table 4B.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by Ord. 967 (part), eff. June 27, 1995, § 2, Ord. 976, eff. July 10, 1996, § 2, Ord. 984, eff. July 10, 1997, and Exh. A, Ord. 1012, eff. April 13, 2000)

(Ord. No. 1069, 3-24-2009; Ord. No. 1119, § 7, 12-12-2017; Ord. No. 1133, § 4, 3-12-2019; Ord. No. 1150 § 2(Exh. 1), 9-22-2020; Ord. No. 1158, § 4, 11-9-2021; Ord. No. 1184, § 5, 1-9-2024; Ord. No. 2025-1190, § 2(Exh. A)(13), 5-27-2025)

Approval of design review, which may include the imposition of conditions, shall be made only after making the following findings. In making these findings, the Planning Director, or designee, or Planning Commission shall consider the size, proportions, use, type, and quality of materials; architectural features and ornamentation; night lighting; color application; signs; site placement of all features; existing and proposed landscaping and topography; existing and proposed open spaces and paved areas; screening devices; and other matters and elements deemed to be pertinent to the criteria set forth in this section. These findings are not intended to preclude innovative design.

(a)

Commercial, Professional, and Residential R-3 (four (4) or more units, churches, convalescent homes).

(1)

Is functionally and aesthetically compatible with the existing improvements and the natural elements in the surrounding area;

(2)

Provides for protection against noise, odors, and other factors which may make the environment less desirable;

(3)

Will not tend to cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in such area;

(4)

Will not create unnecessary traffic hazards due to congestion, distraction of motorists, or other factors and provides for satisfactory access by emergency vehicles and personnel;

(5)

Will not adversely affect the health or safety of persons using the improvement or endanger property located in the surrounding area; and

(6)

Is consistent with the Town General Plan.

(b)

Residential R-1, R-2, and R-3 (three (3) or fewer units) sites below one hundred fifty (150) feet Mean Sea Level (flatland):

(1)

Conformance to findings in Section 10-3.1506(a);

(2)

Will not unreasonably impair access to light and air of structures on neighboring properties;

(3)

Will not unreasonably affect the privacy of neighboring properties including not unreasonably affecting such privacy by the placement of windows, skylights and decks;

(4)

Will be of a bulk, mass and design that complements the existing character of the surrounding neighborhood; and

(5)

Will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

(c)

Residential R-1-H, R-1-C, and R-1 design review for lots that include any area at or above one hundred fifty (150) feet Mean Sea Level (hillside).

(1)

Conformance to the findings required by Section 10-3.1506(b);

(2)

Adequacy of screening; and

(3)

Selection of architectural features and colors that enable the structure to blend with its environment and which results in a low visual profile.

For R-1-C, R-1 and R-3 properties, the level of compliance shall be less stringent than that required for R- 1-H properties if the Planning Commission, in making its review, is able to quantify the extent of any reduced adverse impact the application has on the Town, as a whole.

(d)

Request to exceed maximum dwelling size in Table 4E (residential lots that include any area at or above one hundred fifty (150) Mean Sea Level):

(1)

Conformance to findings in Section 10-3.1506 (c) above;

(2)

Will not be materially visible offsite;

(3)

Is of a scale, intensity, and design that integrates with the existing character of the surrounding neighborhood; and

(4)

Internal efficiency and/or space utilization problems exist.

(5)

Required conditions if approval is granted to exceed the maximum dwelling size guidelines based on existing landscaping:

(i)

A landscape plan shall be submitted showing location, type and size of existing landscapes screening, and

(ii)

Any existing landscape screening, which is part of an approved landscape plan, shall be maintained. If said landscaping is lost due to natural disaster, the owner shall replace it per the plan. If said landscaping is removed or neglected for any reason other than a natural disaster, the owner shall replace it per the plan and may be subject to either an infraction or a misdemeanor.

(e)

Residential R-1 and R-2 design review for additions to existing dwellings and accessory structures originally and legally built less than eight (8) feet but not less than five (5) feet from the interior side property line:

(1)

Conformance to findings in Section 10-3.1506(b) above; and

(2)

Is of a scale, intensity, and design that complements the existing character of the surrounding neighborhood.

(f)

Professional and commercial (one thousand two hundred (1,200) square feet or more of gross floor area):

(1)

Conformance to findings in Section 10-3.1506(a); and

(2)

That the project will not be detrimental to the existing facade(s) of buildings constructed prior to January 1, 1960.

(g)

All parking spaces created in required setbacks in association with conversion of a garage to an accessory dwelling unit pursuant to Section 10-3.504(b) if the accessory dwelling unit is not exempt from Design Review pursuant to State law. Plans must be designed with sensitivity so that public views and neighbors are not impacted by the loss of landscaping and views of parked vehicles.

(1)

Visual effects have been mitigated with screening and landscaping, including plants, trees, berms, fencing or walls; and

(2)

Findings required by Section 10-3.1506(a)

(3)

Required Conditions:

(i)

A building permit shall be required to remove the kitchen, separate entrance, or bathroom of the accessory dwelling unit. No building permit shall be issued to remove the kitchen, separate entrance, or bathroom in the accessory dwelling unit unless either: 1) the project includes restoring the garage for vehicle parking; or 2) the site has the required number of on-site parking spaces as required by the Parking Standards Table, referred to as Table SA, of the San Anselmo Municipal Code and the spaces comply with all provisions for setbacks, siting, configuration and size.

(ii)

The accessory dwelling unit shall not be used for occupancy for less than a 30 day term of tenancy.

(h)

Maximum Adjusted Floor Area Exception for lots below one hundred fifty (150) Mean Sea Level pursuant to Section 10-3.412:

(1)

Conformance to findings in Section 10-3.1506(b);

(2)

The dwelling and/or improvements were built prior to November 9, 2009;

(3)

The site will not exceed an Adjusted Floor Area of five thousand (5,000) square feet; and

(4)

Employs mass-reducing techniques such that the additional square footage over the maximum Adjusted Floor Area is reasonably mitigated and does not result in overbuilding of the lot.

(Ord. No. 1133, § 4, 3-12-2019; Ord. No. 1158, § 4, 11-9-2021; Ord. No. 1184, § 8, 1-9-2024)

Article 16. - Noticing: Public Hearings: Zoning Applications

A public hearing shall be conducted as prescribed by the California Government Code, as may be amended from time to time, for the following:

(a)

Zoning ordinance amendments;

(b)

Planned Development;

(c)

R-1-H Precise Development Plans;

(d)

Tentative maps;

(e)

Variances.

Public hearings shall be conducted by the Planning Commission or the Town Council, as appropriate to the specific discretionary action.

Any Design Review, Conditional Use Permit, Demolition Permit or Variance application to be considered by the Planning Commission shall be considered at a noticed public meeting.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1133, § 5, 3-12-2019; Ord. No. 1150 § 2(Exh. 1), 9-22-2020; Ord. No. 1158, § 5, 11-9-2021; Ord. No. 2025-1190, § 2(Exh. A)(14), 5-27-2025)

Notice of all public hearings and meetings shall be given in accordance with the California Government Code, and shall include at least one (1) of the following:

(a)

Notice shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

(b)

Notice shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide these facilities and services may be significantly affected.

(c)

Notice shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing, unless a greater distance is specified by adopted Town Council policy. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than

one thousand (1,000), notice may be given by placing a display advertisement of at least one-eighth ( 1/8 ) page in one (1) newspaper of general circulation within the Town at least ten (10) days prior to the hearing.

(d)

A notice shall be posted at least ten (10) days prior to the public hearing in at least three (3) public places within the Town, including one (1) public place in the area directly affected by the hearing.

(e)

The notice shall include, at a minimum, the date, time, and place of the public hearing, the identity of the hearing body or officer, a general explanation of the item to be considered, and a general description, in either text or diagram, of the location of the real property, if any, which is the subject of the hearing.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1133, § 5, 3-12-2019; Ord. No. 1158, § 5, 11-9-2021)

Public notice for the following actions by the Planning Director shall be provided as follows:

(a)

No public notice for any Exceptions for minor intrusions into required residential development standards in Table 4B;

(b)

No public notice for Design Review under Article 15 for minor modifications to existing buildings, structures or improvements such as awnings, canopies, windows, doors, color changes, or other similar modifications.

(c)

For all Minor Exceptions pursuant to Article 14.5, notice shall be mailed or delivered at least ten (10) days prior to the decision to the owner of any real property adjacent to the setback involved, as shown on the records of the Marin County Assessor or Tax Collector, unless the applicant submits written evidence of support for the application signed by the adjacent property owner(s).

(d)

For all other Planning Director Design Review decisions under Article 15, notice shall be provided at least ten (10) days prior to the decision in accordance with the California Government Code Section 65091. In addition, notice shall be mailed or delivered at least ten (10) days prior to the action to the Planning Commission.

(e)

For all Planning Director Conditional Use Permit decisions under Article 13, notice shall be provided at least ten (10) days prior to the decision in accordance with the California Government Code Section 65091, unless a greater distance is required by written Town Council policy. In addition, notice shall be mailed or delivered at least ten (10) days prior to the action to the Planning Commission.

(f)

For all Planning Director decisions under Title 10, Chapter 2, Article 7, Section 10-2.705 Urban Lot Splits and Title 10, Chapter 4 Housing Developments Under Government Code Section 65852.21, notice shall be provided at least ten (10) days prior to the decision in accordance with the California Government Code Section 65091. In addition, notice shall be mailed or delivered at least ten (10) days prior to the action to the Planning Commission.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1133, § 6, 3-12-2019; Ord. No. 1158, § 6, 11-9-2021; Ord. No. 1159, § 15, 12-14-2021; Ord. No. 1160, § 15, 12-14-2021)

When one or more public hearings have been conducted on any application for discretionary action, and the application has been referred to the applicant for revision, additional information, or other information, and the applicant does not provide the requested revision, additional information or other information to the Planning Department, within ninety (90) days of the date of the request, the application shall be deemed withdrawn.

(§ 1, Ord. 917, eff. February 26, 1991)

10-3.1605 - Final approval of discretionary actions.

Any discretionary action as described in this chapter, except zoning ordinance amendments, shall be final ten (10) calendar days following the date of approval by the Community Development Director or designee, or the Planning Commission, whichever is applicable, unless the action of the Community Development Director, or designee, or the Planning Commission is appealed to the Planning Commission or Town Council in the manner prescribed in Sections 1-4.01 and/or 10-1.05 of the San Anselmo Municipal Code.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 2025-1190, § 2(Exh. A)(15), 5-27-2025)

Discretionary actions may be appealed by following the procedures described in Section 1-4.01 of the San Anselmo Municipal Code.

(§ 1, Ord. 917, eff. February 26, 1991)

10-3.1607 - Duration of approval.

Unless otherwise provided for in this chapter, if an activity or development which has received discretionary approval has not begun within one (1) year from the date of the final action, the permit shall become null and void. The date of final action shall be either ten (10) calendar days following the date of action by the Planning and Building Director, the Planning Commission or the Town Council, whichever is last.

(§ 1, Ord. 917, eff. February 26, 1991)

(Ord. No. 1073, 6-23-2009; Ord. No. 1079, 3-22-2011)

A discretionary action previously approved by the Planning Director, the Planning Commission, or Town Council for which the improvement permitted by the discretionary action has not been used or accomplished may be renewed by the Planning Director for a maximum period of one year provided that prior to the expiration of the discretionary action, the applicant submits a written statement to the Planning Director showing good cause, which shall be reviewed in accordance with the provisions set forth for discretionary actions as set forth in Article 7 of Title 10 of the San Anselmo Municipal Code.

(§ 1, Ord. 917, eff. February 26, 1991)

A discretionary action approved by the Planning Director, the Planning Commission, or Town Council may be revoked in any case where conditions of approval have not been or are not being complied with. The revocation of a discretionary action shall occur following the conducting of a public hearing by the discretionary authority having the final discretion on the particular action. The public hearing or hearings shall be conducted as prescribed by the State of California Government Code and Section 10-3.1602 of this chapter of the San Anselmo Municipal Code.

(§ 1, Ord. 917, eff. February 26, 1991)

Following denial or revocation of a discretionary action, no application for the same or substantially the same development or activity shall be filed within six (6) months from the date of denial, unless the denial is made without prejudice.

Following approval of a discretionary action, no application for substantial changes in the approved development or activity for the same property shall be filed within six (6) months from the date of original approval, unless the applicant can show that circumstances have significantly changed size the action taken on the original application.

(§ 2, Ord. 975, eff. February 14, 1996)

Article 17. - Definitions[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1179, § 4(Exh. A), adopted August 22, 2023, repealed the former Art. 17, §§ 103.1701, 10-3.1702, and enacted a new Art. 17 as set out herein. The former Art. 17 pertained to similar subject matter and derived from § 1, Ord. 917, eff. February 26, 1991, as amended by § 2, Ord. 949, eff. August 27, 1993, § 2, Ord. 976, eff. July 10, 1996, § 2, Ord. 977, eff. September 12, 1996, Ord. 1021, eff. August 23, 2001, and § 3, Ord. 1044 (part), eff. July 28, 2005; Ord. No. 1069, 3-24-2009; Ord. No. 1087, 4- 9-2013; Ord. No. 1098, § 1, 1-13-2015; Ord. No. 1099, § 1, 1-13-2015; Ord. No. 1115, § 12, 2-28-2017; Ord. No. 1117, § 2, 9-12-2017; Ord. No. 1119, § 8, 12-12-2017; Ord. No. 1126, § 4, 9-11-2018; Ord. No. 1150 § 2(Exh. 1), 9-22-2020; Ord. No. 1151, § 5, 2-23-2021.

The following words and phrases, when used in the context of this chapter, shall have the following meanings:

"Accessory building" means a building detached from the primary building on the same lot and which is necessary for the operation or use of the lot or primary building and which is incidental and subordinate to the primary use of the lot or to the primary building. That portion of a residential garage or carport, whether attached or detached, and which provides covered area greater than that necessary to park vehicles of a number in excess of that required to serve the use, as required by Article 5 of Chapter 3 of the San Anselmo Municipal Code, shall be considered an accessory building, unless it meets the requirements of Section 10-3.506. A storage shed, whether prefabricated or constructed on-site, shall be considered an accessory building. Also includes "accessory structure."

"Accessory dwelling unit." Refer to Title 10, Chapter 6, Section 10-6.103.

"Accessory structure." Refer to "accessory building."

"Accessory use, residential" means use of a lot or building which is incidental and subordinate to the primary use of the lot or of a building and which is located on the same lot with the primary use of the lot or building.

"Accessory use, commercial" means uses clearly subordinate or incidental and directly related to a permitted use or conditionally permitted use. The general thresholds for considering whether a use is an accessory use include whether the: a) floor area dedicated to the use is less than thirty (30%) percent of the total area; and b) hours of operation and intensity of operation are similar to the primary use.

"Addition" means a building added to and attached to the original building after completion of the original building.

"Alcoholism and/or drug treatment facility, large." "Large alcoholism and/or drug treatment facility" means a state licensed facility as defined in Health and Safety Code Section 11834.11 providing twenty-four (24) hour residential non-medical support services in a group setting for seven (7) or more adults, mothers over eighteen (18) years and their children, and emancipated minors recovering from alcoholism and/or drug abuse.

"Alcoholism and/or drug treatment facility, small." "Small alcoholism and/or drug treatment facility" means a state licensed facility as defined in Health and Safety Code Section 11834.11 providing twenty-four (24)

hour residential non-medical support services in a group setting for six (6) or fewer adults, mothers over eighteen (18) years and their children, and emancipated minors recovering from alcoholism and/or drug abuse. A small alcoholism and/or drug treatment facility, consisting of six (6) or fewer persons, is a state mandated residential use.

"Alcoholic beverage sales, off-premises" means establishments engaged in the retail sale of packaged alcoholic beverages, such as beer, wine, and/or spirits, for off-site consumption, either as part of another retail use, or as a primary business activity. Services provided before 8:00 a.m. and after 6:00 p.m. are allowed under a conditional use permit. (NAICS code: 445320)

"Alcohol, off-sale." "Off-sale alcohol" means the selling of alcoholic beverages, including beer, wine, and liquor, for off-site consumption.

"Alcohol, on-sale." "On-sale alcohol" means the selling of alcoholic beverages, including beer, wine, and liquor, for on-site consumption.

"Alley" means a public way or permanent private way to be used primarily for vehicular access to the back or side of a development site or parcel that otherwise abuts a street.

"Ancillary" means having a subordinate, subsidiary, or secondary nature.

"Ancillary building" means a structure distinct from an accessory structure(s) that is located at the rear of a development site, above or abutting a detached garage that provides a small residential unit (accessory apartment), home office space, or other small commercial or service use, as allowed by the zone. When used for residential purposes, this housing type is one form of an Accessory Dwelling Unit (ADU). See Section 10-20.06.040 (Ancillary Building).

"Animal boarding" means an establishment, whereupon four (4) or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. Operators must ensure that the facility is in good repair, there is adequate pest control, an owner is contacted if a pet escapes and reasonable efforts are made to capture the escaped pet, as well as other upkeep requirements. This use does not include an animal control agency, society for the prevention of cruelty to animals (see "service organizations and clubs"), humane society that contracts for the care of stray or abandoned animals, or a veterinary facility (see "medical services, veterinary clinics and hospitals"). (NAICS code: 812910)

"Antenna" means any device used to transmit or receive electromagnetic waves, including television, shortwave radio, ham radio, and satellite television dishes.

"Apartment" means any building, or portion of a building, which is designed for residential use, the occupants of which pay rent and do not own the individual dwelling units. Does not include condominiums or stock cooperatives.

"Arbor" means a horizontal open-air structure over a garden, walkway or driveway.

"Architectural features" means projections or appurtenances, having a maximum exterior projection of two

(2) feet on buildings which provide visual variation and/or relief, but do not serve as living or working space

and do not add floor area. Architectural features may include, but not limited to chimneys, cornices, canopies, bay windows, greenhouse windows, and eaves.

"Attached Accessory Dwelling Unit" means an accessory dwelling unit that is constructed as a physical expansion (i.e., addition) of the primary dwelling unit that shares a common wall with the primary dwelling.

"Attic" means an open space at the top of a dwelling situated wholly or partly within the roof.

"Automobile" means a four-wheeled passenger vehicle propelled by an internal combustion engine.

"Automobile sales" means a business whose primary activity is the sale of motor vehicles.

"Automobile service and repair" means a business whose primary activity is the servicing and repair of motor vehicles, but does not include the dispensing of automotive fuel.

"Auto, vehicle, and parts sales and rentals" means establishments engaged in the sale and/or rental of new and/or used automobiles, light trucks, passenger and cargo vans, recreational vehicles (RVs), travel trailers, boats, motorcycles, off-road all-terrain vehicles (ATVs) and golf carts, utility trailers, and jet-skis (except bicycles and mopeds). Pursuant to State law, this use applies to individuals selling more than five (5) vehicles per calendar year. The rental of passenger cars without drivers is intended for short periods of time. This also includes the retail sale of new, used, or rebuilt automotive parts and accessories, with or without repairing automobiles; and/or establishments primarily engaged in retailing and installing automotive accessories. This use does not include "service stations," which are separately defined. (NAICS codes: 441110, 441120, 441210, 441222, 441227, 441330, 532111, and 532284)

"Automated teller machines (ATMs)" means computerized electronic machines, either outside or inside, that perform basic banking functions (such as handling check deposits or issuing cash withdrawals) independent from banks and financial institutions. (NAICS code: 522320)

"Average slope" means the result of dividing the length of a slope by the difference in elevation at the top and bottom of the slope. See Section 10-20.12.030.1 (Slope Measurement Methods).

"Awning" means a roof-like structure, as over a window or door, that serves as a shelter or shading device.

"Bakery, commercial." "Commercial bakery" means a business whose primary activity is the baking of breads, cakes, and cookies, but which may also include the on-site sale of baked goods.

"Banks and financial services, retail" means establishments serving walk-in customers to accept and provide on-site financial transactions. This includes commercial banks, depository trust companies, credit unions, savings and loan associations, and lending (including mortgage) institutions. The institutions that do not include a retail use open to the public are included under "office." (NAICS codes: 522110, 522130, 522180, and 522120)

"Bar" means a building, or portion of a building, used primarily for the sale and dispensing of liquor by drink. Also includes "cocktail lounge" and "tavern."

"Basement" means an enclosed space, finished or unfinished, partly or wholly below natural grade, having more than one-half(½) its height, as measured from its floor, whether finished or unfinished, to its ceiling, whether finished or unfinished, below the adjoining natural grade. If the finished floor level directly above a

basement or cellar is more than six (6) feet above grade for more than fifty (50%) percent of the total perimeter, such basement shall be considered a story.

"Bay" means any division of a building between vertical lines or planes that run entirely through solid components of the building, including the entire space between consecutive structural supports.

"Bay window" means a window which projects from the face of a building, which does not add floor area (permanent window seat or counter permitted), and which has a bottom sill no less than two (2) feet above the adjoining finished floor.

"Beauty support" includes product sales, spa.

"Bed and breakfast inn" means a facility offering transient lodging to the general public and conducted in a private single-family detached residential unit, or in a building designed specifically for the operation of such an inn, and providing sleeping rooms, private or semi-private bathroom facilities, and one (1) or more meals each day. (NAICS code: 721191)

"Bedroom" means a room capable of serving as a room for sleeping as may be more precisely defined by the Uniform Building Code.

"Bicycle" means a vehicle consisting of a metal frame mounted upon two (2) wire spoked wheels with rubber tires, a seat, handlebars or steering, and two (2) pedals, and does not include a motor. Also includes unicycles or tricycles.

"Bicycle parking, short-term" means short-term bicycle parking consisting of bicycle racks that support the bicycle frame at two points. Does not include racks that support only the wheel of the bicycle. If bicycles can be locked to each side of the rack, each side shall be counted toward a required space. Racks shall be securely anchored to a permanent surface.

"Bicycle parking, long-term" means long-term bicycle parking that is secured from the general public and enclosed on all sides and protects bicycles from inclement weather. Acceptable examples of long-term bicycle parking include bicycle lockers, bicycle rooms, bicycle cages, or commercially operated attended bicycle facilities. Except in the case of lockers and commercially operated attended bicycle parking, all long-term parking shall provide a means of securing the bicycle frame at two points to a securely anchored rack.

"Bicycle sales and repair" means a business whose primary activity is the sale and repair of bicycles.

"Block" means an area of land separated from other areas by adjacent streets, railroads, rights-of-way, public areas, or the subdivision boundary.

"Block face" means the aggregate of all the building facades on one (1) side of a block. The block face provides the context for establishing architectural harmony.

"Block length" means the horizontal distance from the right-of-way on one end of the block to the right-ofway on the other end along the same street.

"Block perimeter" means the aggregate of all sides of a block bounded by the abutting rights-of-way.

"Block-scale building" means a building that is individually as large as a block or individual buildings collectively arranged along a street to form a continuous facade as long as most or all of a block.

"Building" means any structure having a roof supported by columns or walls.

"Building elements" means roofs, parapets, cornices, eaves, rafters, walls, lintels, openings (i.e., windows, doors and other wall openings), building base, and other typical elements of a building facade.

"Building elevation" means the exterior wall of a building not adjacent to a public right-of-way, the front or side along a private street, or civic space.

"Building entrance" means a point of pedestrian ingress and egress to the front of a building along the sidewalk of the street immediately adjacent to the building.

"Building envelope" means the horizontal and vertical area of a lot in which a building or other improvements may be constructed as defined by either the established development standards set forth in each district, or by the Planning Director, the Planning Commission, or the Town Council as associated with specific action upon a master plan, use permit, variance, preliminary development plan, precise development plan, or design review.

"Building facade" means the exterior wall of a building adjacent to a street, the front or side along a private street, or civic space.

"Building facade, front" means the exterior wall of a building adjacent to a street or civic space.

"Building facade, side street" means the exterior wall of a building adjacent to a side street.

"Building facade, interior side" means the exterior wall of a building adjacent to the interior development site line(s).

"Building facade, rear" means the exterior wall of a building opposite the front.

"Building form" means the overall shape and dimensions of a building.

"Building frontage" means the facade(s) along the front and side street of the development site.

"Building frontage, principal" means the facade along the front of the development site, typically the narrower of sides and identified by an address.

"Building height" means the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point on the roof, ridge, or parapet wall including all antennas (television, radio, cellular, and satellite). Public utility transmission and distribution lines are not included in this definition. Also includes "structure height."

"Building material stores" means businesses open to the public that engage in the sale of building materials including lumber, fencing, glass, doors, plumbing fixtures and supplies, electrical supplies, prefabricated buildings and kits, kitchen and bath cabinets and countertops, and other large building materials. This use also permits the sale of paint, wallpaper, plants, and other garden supplies (which may also be sold in hardware stores, included under the definition of "retail stores, general merchandise"). Establishments

primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "wholesaling and distribution." (NAICS codes: 444120, 444180, and 532420)

"Building, primary" means the building that serves as the focal point for all activities related to the principal use of the development site.

"Building site" means the area of a lot where buildings are to be constructed.

"Building type" means a structure defined by its combination of configuration, disposition, and function.

"Business support services" means establishments with a physical storefront that provide services to other businesses. This category includes:

1.

Computer- and office machine-related services (rental, sale, maintenance, or repair). (NAICS codes: 423420, 532420, and 811212)

2.

Copying, quick printing, blueprinting services, and other office support services. (NAICS codes: 323111 and 561439)

3.

Film processing and photofinishing. (NAICS codes: 812921 and 812922)

4.

Mailing services including mail presort, consolidation, and address bar coding services. (NAICS codes: 561431 and 561499)

5.

Mail advertising services. (NAICS code: 541860)

"Car wash" means a business whose primary activity is the washing of motor vehicles.

"Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

"Carshare parking space" means a parking space required to be dedicated for current or future use by a carshare service through a deed restriction, condition of approval, or license agreement. Such deed restriction, condition of approval, or license agreement shall grant priority use to any carshare service that can make use of the space, although such spaces may be occupied by other vehicles so long as no carshare organization can make use of the dedicated carshare space(s).

"Carshare service" means a service that provides a network of motor vehicles available to rent by members by reservation on an hourly basis or in smaller intervals.

"Carport" means an attached or detached building covered by a solid or lattice roof and supported by posts, poles, or walls and having one (1) or more permanently open sides, and intended for the off-street parking of motor vehicles.

"Caterers" means facilities that prepare and provide food services for off-site events. (NAICS code: 722320)

"CC & R" means codes, covenants and restrictions.

"Ceiling height, ground floor" means the height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms which include, but are not limited to bathrooms, closets, utility rooms, and storage spaces.

"Ceiling height, upper floor(s)" means the height from finished floor to finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms which include, but are not limited to bathrooms, closets, utility rooms, and storage spaces.

"Cell phone and wireless stores" means establishments primarily engaged in acting as agents for wireless telecommunications carriers and resellers, selling wireless plans on a commission basis. (NAICS code: 517122)

"Center" means a concentration of ground floor shopping, restaurants, and services, with additional offices and housing located above, within a Walkable Urban context.

"Chamfered corner" means an external wall of a building joining two perpendicular exterior walls, typically at a symmetrical, forty-five (45) degree angle creating a beveled edge to the building rather than a ninety (90) degree corner.

"Child care center." Refer to "day care center."

"Church" means a building, or group of buildings which are primarily intended for the conducting of organized religious services and associated activities and uses.

"Civic space" means an outdoor area dedicated for public gathering and civic activities. See Section 1020.10.040 (General to Civic Space).

"Club, fraternal or service." "Fraternal or service club" means a group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees or dues, regular meetings, and a constitution or bylaws. Also includes "private club."

"Cocktail lounge." Refer to "bar."

"Co-housing" means a residential development on one contiguous parcel of land, designed by and developed for members of an existing co-housing organization in which members of the co-housing organization will own, self-manage, and reside. A co-housing development shall consist of residential dwelling units and shall be operated as a condominium, co-op, or similar form which allows for individual ownership of each dwelling unit. It shall also include one (1) or more common structures containing a shared kitchen, library, computer room, laundry, greenhouse, play area or other common residential

facilities for use by the residents. The legal structure is typically an HOA, condo association, or housing cooperative.

"Co-housing dwelling unit" means an individual dwelling unit within a co-housing development that is privately owned.

"Co-housing organization" means a membership of people interested in a co-housing development, during development and construction of a co-housing project, that transforms into a legal residential association upon completion of the development and subsequent occupation of the dwelling units. Membership of the association is open only to owners of dwelling units in the development.

"Commercial business, drive through." "Drive through commercial business" means a business whose patrons may conduct business from within a motor vehicle.

"Commercial business, outdoor sales." "Outdoor sales commercial business" means a business which includes the display and sale of products, goods, and services outside of a building.

"Common courtyard" means an entry court, forecourt, or courtyard shared by multiple residential units or commercial spaces.

"Common open space" means an entry court, forecourt, courtyard, or other on-site open space shared by multiple residential units or non-residential units.

"Common space" (syn. "common area") means a portion of a development held in common and/or single ownership, is not reserved for the exclusive use or benefit of an individual tenant or owner and is available for use by all persons who reside or work in the building or on the development site.

"Common wall" means a wall common to two (2) or more buildings.

"Communications equipment building" means a building, or a portion of a building, housing electrical, mechanical, or computer equipment necessary for conducting the business of a public utility communications business, and which may or may not require personnel.

"Community care facility" means a state licensed facility maintained and operated to provide residential care, day treatment, adult day care, foster family home or foster family agency services for children, adults, or children and adults, including the physically handicapped, mentally impaired or disordered, incompetent persons, and abused or neglected children. Refer also to "residential care facility."

"Community Development Director (CDD)" means the role previously referred to as the Planning Director. Any references to the Planning Director in this Code shall be understood to mean the Community Development Director (CDD), or the CDD may delegate and assign a designee.

"Computer sales and repair" means a business whose primary activities are the sale and repair of computers.

"Conditionally Permitted Use" means a use that requires a conditional use permit or other discretionary local government review.

"Condominium" means an estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in a dwelling or commercial building situated on such real property. A condominium may include, in addition, an interest in other portions of such real property.

"Contingent" means conditional.

"Convalescent homes" means facilities licensed by the State Department of Public Health, the State Department of Social Welfare, or the County of Marin, which provides bed and ambulatory care for patients with post-operative convalescence, chronic illness, dietary problems, and persons unable to care for themselves, but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions. Also includes "nursing home." (NAICS code: 623110)

"Corner entry" means an entrance located on the corner of a building.

"Cornice" means the crown molding of a building or element.

"Cottage court" means a group of up to nine small, detached, house-scale buildings arranged to define a shared court open to and visible from the street. See Section 10-20.06.080 (Cottage Court).

"Courtyard" means an unroofed area that is completely or partially enclosed by walls or buildings on at least two (2) sides and often shared by multiple residential units or non-residential units, not including offstreet parking.

"Courtyard building" means a detached, house-scale building that consists of up to sixteen (16) multiple attached and/or stacked units, accessed from a shared courtyard. See Section 10-20.06.110.

"Coverage, building" means the floor area of the largest story of a building divided by the total development site area.

"Coverage, development site" means the portion of a development site expressed as a percentage that is covered in buildings or other structures.

"Covered deck." Refer to "deck, covered."

"Crenel" means a notch between two merlons (solid upright section of a crenellated parapet), often found in medieval architecture.

"Crenellated" means having regularly spaced, often rectangular gaps, often referring to a parapet or battlement in medieval architecture.

"Crenellation" means the series of regularly spaced, often rectangular crenels, along a parapet.

"Curb, raised" means a street curb that meets the requirements of the Marin County Uniform Construction Standards.

"Day care center" means commercial or non-profit child day care facilities designed and approved to accommodate fifteen (15) or more children. Includes infant centers, preschools, sick-child centers, and

school-age day care facilities. These may be operated in conjunction with other approved land uses, or as an independent land use. (NAICS code: 624410)

"Day care homes, large family" means a day care facility located in a single-unit residence where an occupant of the residence provides care, protection, or supervision of seven (7) to fourteen (14) children. Children under the age of ten (10) years who reside in the home count as children served by the day care facility. (NAICS code: 624410)

"Day care homes, small family" means a day care facility located in a single-unit residence where an occupant of the residence provides care, protection, or supervision of either six (6) or fewer children, or eight (8) or fewer children provided that no more than two (2) of the children are under the age of two (2) and at least two (2) of the children are over the age of six (6). Children under the age of ten (10) years who reside in the home count as children served by the day care facility. (NAICS code: 624410)

"Deck" means an exterior living space which has a finished floor surface thirty-six (36) inches or more above natural grade. Other typical attributes of a deck include finished floor surfaces of wood, tile, or concrete, one (1) or more permanently open sides, and railings.

"Deck, covered." "Covered deck" means a deck over which is constructed a solid or lattice roof supported by posts, poles, or walls.

"Delineate" means to draw or outline accurately.

"Demolition" means the removal of fifty (50%) percent or more of the existing exterior walls of a structure above the foundation. The Planning Director may develop written guidelines for what is included in exterior wall demolition, which shall be measured in square feet and shall include the square feet of windows and doors that are removed.

"Density" means the ratio between the number of dwelling units and the size of a lot.

"Density, maximum." "Maximum density" means the maximum number of residential units which may be constructed on any one (1) lot based on the maximum gross density permitted in the Zoning District, as guided by the Land Use Element of the General Plan, regardless of the size of the lot.

"Dentils" means small, decorative rectangular blocks found under a cornice in classical architecture.

"Department store" means a large retail store arranged in departments for the sale of a variety of consumer goods. (NAICS code: 455110)

"Depth, ground-floor space" means the distance from the street-facing facade to the rear interior wall of the ground-floor space available to an allowed use.

"Depth-to-height ratio" means the relationship of the depth of a space measured perpendicular to a building divided by the average height of the buildings adjacent to the space.

"Development site" means a portion of land within a parcel, delineated from other development sites and/or parcels to accommodate no more than one building type. The main purpose of a development site is to allow a parcel large enough to contain more than one building type to contain multiple building types while not requiring the legal subdivision of the parcel into additional parcels.

"Development site, corner" means a development site located at the intersection of two or more streets, where they intersect at an interior angle of not more than 175 degrees. If the intersection angle is more than 175 degrees, the development site is considered an interior development site.

"Development site, interior" means a development site abutting only one street.

"Development site area" means the total square footage or acreage of horizontal area included within the development site lines.

"Development site coverage" see "Coverage."

"Development site depth" means the horizontal distance between the front development site line and rear development site line of a development site measured perpendicular to the front development site line.

"Development site line" means the perimeter and geometry of a development site demarcating one development site from another.

"Development site line, front" means one of the following:

a.

The frontage line in the case of a development site having a single frontage line;

b.

The shortest frontage line in the case of a corner development site with two frontage lines, neither of which are adjacent to a thoroughfare or a development site with independent frontage;

c.

The frontage line generally perceived to be the front development site line in the case of a corner development site with three or more frontage lines, none of which are adjacent to a thoroughfare or a development site with independent frontage;

d.

The frontage line adjacent to a thoroughfare in the case of a corner development site with two or more frontage lines, one of which is adjacent to a thoroughfare;

e.

The frontage line adjacent to a development site with independent frontage in the case of a corner development site with two or more frontage lines, one of which is adjacent to a development site with independent frontage; or

f.

The frontage line adjacent to the front design site line of an adjacent design site in the case of a through design site.

"Development site line, rear" means the development site line opposite the front development site line.

"Development site line, side" means development site lines connecting the front and rear development site lines.

"Development site width" means the horizontal distance between the development site lines measured perpendicular to the front development site line.

"Discretionary project" means a project subject to evaluation by one (1) or more individuals.

"Distance between entries" means the horizontal distance between entrances to a building or buildings, measured parallel to the facade.

"Drinking establishments" means establishments primarily engaged in the preparation and sale of alcoholic beverages for consumption on the premises. This use includes bars, taverns, saloons, beer gardens, and beer and/or wine tasting rooms. These businesses may also provide limited food services. (NAICS code: 722410)

"Driveway" means a vehicular lane within a development site, or shared between two development sites, usually leading to a garage, other parking, or loading area.

"Drug and/or alcoholism treatment facility, large" means a state licensed facility as defined in Health and Safety Code Section 11834.11 providing twenty-four (24) hour residential non-medical support services in a group setting for seven (7) or more adults, mothers over eighteen (18) years and their children, and emancipated minors recovering from alcoholism and/or drug abuse. (NAICS code: 623220)

"Drug and/or alcoholism treatment facility, small" means a state licensed facility as defined in Health and Safety Code Section 11834.11 providing twenty-four (24) hour residential non-medical support services in a group setting for six (6) or fewer adults, mothers over eighteen (18) years and their children, and emancipated minors recovering from alcoholism and/or drug abuse. A small alcoholism and/or drug treatment facility, consisting of six (6) or fewer persons, is a state mandated residential use. (NAICS code: 623220)

"Duplex." Refer to "residential, multifamily (two (2) to four (4) units)."

"Duplex side-by-side" means a duplex structure consisting of two (2) adjacent units, both facing the street. See Section 10-20.06.060 (Duplex Side-by-Side).

"Duplex stacked" means a duplex structure consisting of two (2) stacked units, both facing the street. See Section 10-20.06.070 (Duplex Stacked).

"Dwelling unit." Refer to "residential unit."

"Eaves" means roof projections which extend beyond the exterior wall plane of a building, or in the case of a covered porch, the roof projection beyond the porch columns.

"Electric Vehicle (EV)" refers to Battery Electric Vehicles (BEV), Hybrid Electric Vehicles (HEV), Hydrogen Fuel-Cell Electric Vehicles (FCEV), and Plug-In Hybrid Electric Vehicles (PHEV) that include an electric motor.

"Electric Vehicle Charging Station (EVCS)" means a parking space that includes installation of Electric Vehicle Supply Equipment at an Electric Vehicle Ready Space.

"Electric Vehicle Ready Space" means a vehicle space which is provided with a branch circuit: any necessary raceways, both underground and/or surface mounted, to support EV charging, terminating in a receptacle or a charger.

"Elementary and secondary schools" means establishments primarily engaged in furnishing academic courses and associated course work that comprise a basic preparatory education. A basic preparatory education includes elementary schools, parochial schools (elementary or secondary), middle schools or junior high schools, high schools, primary schools, charter schools, kindergartens, and schools for the physically disabled (elementary or secondary). This also includes school boards and school districts. (NAICS code: 611110)

"Elevated ground floor" means a ground floor situated above the grade plane of the adjacent sidewalk.

"Emergency shelter" means housing as defined in California Health and Safety Code §50801(e). This section shall be understood to be amended by operation of law in the event and to the extent this statute is amended. In accordance with California Government Code §65583, this term includes other interim

interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

"Encroachment" means any architectural feature, structure, or structural element-including, but not limited to, a gallery, fence, garden wall, porch, stoop, balcony, bay window, terrace, or deck—that breaks the plane of a vertical or horizontal regulatory limit by extending into a setback, beyond the build-to-line into the public frontage, or above a height limit.

"Entasis" means a slight convex curve in the shaft of a column, introduced to correct the visual illusion of concavity produced by a straight shaft.

"Entrance, primary." The primary entrance to a building. "Equipment rental" means a business whose primary activity is the renting of tools, equipment, and other devices.

"Entry" means an opening, including, but not limited to, a door, passage, or gate, that allows access to a building.

"Establishment period" means the first year after installing a plant in a landscape.

"Facade" see "Building facade."

"Facade zone" means the area between the minimum and maximum setback lines along the front of a development site and along the side street of a corner development site where the building facade is required to be placed. The zone standards identify the minimum amount of facade to be placed in the facade zone. See Section 10-20.12.030 (Measurement Methods).

"Farmers markets" means outdoor or indoor retail sale of agricultural products, including fresh fruit, vegetables, dairy products, shell eggs, nuts, honey, flowers, and nursery stock, as sold by producers or certified produces directly to consumers in accordance with the California Food and Agriculture Code

regulations governing Certified Farmer's Markets. This use operates temporarily on a periodic basis. (NAICS codes: 445230, 445240, 445250, 445291, 445292, and 445298)

"Fence" means a vertical barrier of any material, or combination of materials, constructed to enclose or screen a lot or a portion of a lot. Also includes "wall."

"Financial/real estate services" means a category of businesses and services including banks, savings and loan associations, thrifts, real estate brokerages, land title companies, escrow companies, and stock and bond offices.

"Finish level, ground floor" means the height difference between the finished floor on the ground floor and the adjacent sidewalk. In the case of a terrace frontage that serves as the public right-of-way, the floor finish level is the height of the walk above the adjacent street. Standards for ground floor finish level for ground floor residential uses do not apply to ground floor lobbies and common areas in multi-unit buildings.

"Fitness centers" means a facility that operates fitness facilities and recreational sports facilities featuring exercise and other active physical conditioning or recreational sports activities, such as swimming, skating, or racquet sports. (NAICS code: 713940)

"Fitness centers, classes as primary use" means a facility that operates fitness facilities and recreational sports facilities featuring exercise and other active physical conditioning or recreational sports activities, such as swimming, skating, or racquet sports, with classes as the primary activity offered. (NAICS code: 713940)

"Floor area ratio (FAR)" means the ratio between the total floor area of a building or buildings located on a lot or development site and the area of that lot or development site in gross square feet.

"Floor area, total." "Total floor area" means the sum of the gross horizontal areas of all floors of a building measured from the exterior framing of the outside walls.

"Footprint area" means the total square footage contained within a building footprint.

"Footprint, building" means the outline of the area of ground covered by the foundations of a building or structure.

"Forecourt" means a type of private frontage improvement featuring a publicly accessible enclave between buildings and the sidewalk. See Section 10-20.07.070 (Forecourt).

"Foster family home" means a state licensed residential facility providing twenty-four (24) hour care for six (6) or fewer foster children, which is zoned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the children have been placed.

"Fourplex" means a residential building that consists of three (3) to four (4) side-by-side and/or stacked units, typically with one (1) shared entry or individual entries along the front. See Section 10-20.06.090 (Fourplex).

"Frontage, private" means the area between the building facade and the back of the sidewalk abutting a street (public or private) or public open space.

"Gable" means a vertical wall in the shape of a triangle formed between the cornice or eave and the ridge of the roof.

"Gallery" means a type of private frontage improvement featuring a covered walkway articulated with a colonnade or arches. See Section 10-20.07.110 (Gallery).

"Ganged" means windows or other building elements designed or found in an array of two or more.

"Garage, commercial." Refer to "automobile service."

"Garage, parking." Refer to "parking garage, commercial."

"Garage, residential." "Residential garage" means a detached or attached accessory building or structure designed for the parking of motor vehicles belonging to or used by the occupants of the residential unit.

"Gas station" means a retail business selling, storing and/or dispensing gasoline, diesel. or any other fossil fuel-based motor vehicle fuels.

"General Plan" means the General Plan of the Town of San Anselmo adopted by the Town Council.

"Glazing" means openings in a building in which glass is installed.

"Government facilities." Refer to "institutional use."

"Grade" means the finished ground level at any point along the exterior walls of a structure. Where walls are parallel to and within five feet of a sidewalk, alley or other public way, the level above ground shall be measured at the elevation of the sidewalk, alley or public way. Also see "Grade, Finished."

"Grade, Pre-Development" means the grade of a development site or parcel prior to any site improvements related to the proposed development.

"Grading" means earthwork performed to alter the natural contours of an area.

"Grocery stores" means stores primarily engaged in retailing a general line of food, such as neighborhood markets, food stores, and specialty food stores (i.e., olive oil shops; meat or produce markets; vitamin and health food stores; cheese and dairy product stores; butcher shops; other artisanal gourmet food stores). Also includes retail bakeries, delis, and catering services that are subordinate to the primary sale of food. Stores may be open from 6:00 a.m. to 11:00 p.m. Stores that seek to operate anytime outside those hours must obtain a conditional use permit. (NAICS codes: 445110, 445240, 445298)

"Gross acreage." Refer to "acreage, gross."

"Gross floor area" means the total floor area inside the building envelope, including the external walls, but not including the roof.

"Gross parking area" means the total area of parking space and drive included on a development site.

"Ground floor" means the floor of a building located nearest to the level of the ground around the building.

"Ground floor ceiling height" means the height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms including, but not limited to bathrooms, closets, utility rooms, and storage spaces.

"Ground surface" means the predevelopment ground elevation.

"Group dwelling." Refer to "group home."

"Group home." Refer to "residential care facility."

"Habitable space" means the portion of a building that is suitable for human occupancy.

"Hardscape" means paving, decks, patios, and other hard, non-porous surfaces.

"Height." Refer to "building height."

"Height, highest eave/parapet" means the vertical distance between adjacent finished grade and the highest eave or parapet of the building.

"Height, number of stories" means the number of stories in a structure allowed above adjacent finished grade. See "Stories."

"Height, overall" means the vertical distance between adjacent finished grade and the highest part of the structure directly above.

"Home for the aged." Refer to "convalescent home."

"Home occupation" means a business, profession, or non-profit organization conducted by the principal resident or residents of a residential unit, subject to the following conditions: (1) not more than one (1) person who is not a principal resident of the residential unit shall be employed; (2) to be conducted wholly within the main residence, and not conducted within a garage, carport, or accessory structure; (3) shall not increase vehicular traffic on the street on which the residential unit is located by more than four (4) individual visits per day, and which does not increase parking demands on the street on which the residential unit is located; (4) shall not include outdoor display, storage, or signage; and (5) shall not create noise levels exceeding levels permitted by Chapter 7 of Title 4 of the San Anselmo Municipal Code, and which does not create dust, vibration, odor, smoke, fumes, glare, electrical interference, fire hazards, or other hazards, nuisances, or disturbances. Home occupation shall not include the establishment, maintenance, or operation of any medical or non-medical cannabis business, including, but not limited to, cultivation, processing, manufacture, distribution, testing, and sale, which would require a state license to be issued pursuant to California Business and Professions Code § 26000 et seq.

"Hotel" means a business whose primary activity is the offering of transient lodging accommodations to the general public and providing additional related services such as restaurant, meeting room, and recreation facilities. Also includes "motel." (NAICS code: 721110)

"House" means a detached single family dwelling. See Section 10-20.06.050 (House).

"House-scale building" means a building that is the size of a small-to-large house and detached from other buildings, typically ranging from twenty-four (24) feet to as large as eighty (80) feet overall, including wings.

"Housing development project" means a housing development project as defined in California Government Code Section 65589.5(h)(2).

"Hydrogen-fueling Station" means the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public, as provided by California Government Code section 65850.7.

"Impermeable surface" means a surface with structural stability that does not allow for drainage. Includes asphalt and concrete with sand and finer material.

"Incidental use." Refer to "accessory use."

"Indoor entertainment facilities" means establishments offering indoor entertainment including billiard or pool parlors, bowling alleys, escape rooms, indoor miniature golf courses, indoor archery and shooting ranges, recreational chess or bridge clubs, and amusement arcades. This use does not allow gambling. This classification may include ancillary restaurants, bars, snack bars, and other retail services for customers. (NAICS code: 713120, 713950, and 713990)

door entertainment including billiard or pool parlors, bowling alleys, escape rooms, indoor miniature golf courses, indoor archery and shooting ranges, recreational chess or bridge clubs, and amusement arcades. This use does not allow gambling. This classification may include ancillary restaurants, bars, snack bars, and other retail services for customers. (NAICS code: 713120, 713950, and 713990)

"Institutional use" means a public or quasi-public use of a lot or building including government offices, schools, utility facilities, parks, libraries, fire stations, social service organizations, and social services, whether funded by public taxes or private donations.

"Junk yard" means any area of two hundred (200) square feet or more used for the commercial storage of junk or scrap materials or for the wrecking or dismantling of automobiles or other vehicles, appliances, or machinery.

"Kitchen" means an area within a structure that is used or designed to be used for the preparation or cooking of food and that contains all of the following:

(1)

At least one (1) cooking appliance or rough in facility including, but not limited to: ovens, convection ovens, stoves, stove tops, built-in grills, or similar appliances with 240-volt electrical outlets or gas lines.

(2)

A sink less than eighteen (18) inches in depth with a waste line drain 1-½ inches or greater in diameter.

(3)

A refrigerator exceeding five (5) cubic feet in capacity or a space opening with an electrical outlet that may reasonably be used for a refrigerator exceeding five (5) cubic feet in capacity.

Multiple kitchens within one (1) dwelling unit shall be prohibited unless the additional kitchen is approved as part of an accessory dwelling unit.

"L-shaped" means a horizontal form for the main body of a building or a massing composition which is an extension at a right angle to the length of a building.

"Landing" means a level area at the top or bottom of a staircase or between one flight of stairs and another.

"Landscaping" means flowers, shrubs, trees, or other decorative material of natural origin.

"Large family daycare home" means a child day care facility that provides care, protection, and supervision for seven (7) to fourteen (14) children, inclusive, including children under ten (10) years of age who reside at the home, as set forth in California Health and Safety Code Section 1597.465 and as defined in regulations.

"Laundry, dry-cleaning, and laundromats" means establishments primarily engaged in operating coin- or card-operated or similar self-service laundries and drycleaners and providing drycleaning and laundry services (except coin- or card-operated). (NAICS codes: 812310 and 812320).

"Libraries and museums" means public or quasi-public facilities that provide literary, musical, artistic, historical, cultural, and/or educational displays and information. These establishments maintain collections (physical or electronic) to support education and recreational interests. This use includes libraries, museums, aquariums, arboretums, botanical gardens, and historic exhibitions. (NAICS codes: 519210, 712100, and 712130)

or quasi-public facilities that provide literary, musical, artistic, historical, cultural, and/or educational displays and information. These establishments maintain collections (physical or electronic) to support education and recreational interests. This use includes libraries, museums, aquariums, arboretums, botanical gardens, and historic exhibitions. (NAICS codes: 519210, 712100, and 712130)

"Light manufacturing" means establishments primarily involved in baking, brewing, fabricating, milling, processing and other similar forms of mechanical and chemical treatment. Light manufacturing uses are generally in the following groups in the North American Industrial Classification System (NAICS):

Transportation Equipment

336-336999

"Lintel" means a horizontal architectural member spanning and usually carrying the load above a wall opening.

"Live-work" means a built space used or designed to be used both as a workplace and as a residence by one (1) or more person.

"Live-work—ground floor commercial" means a mixed-use space with a ground-floor that is used entirely for commercial activities and live-work uses occupy the floors above.

"Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

(1)

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

(2)

Pets.

(3)

The storage of possessions.

(4)

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms.

"Low-barrier navigation center" means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

"Lot, corner." "Corner lot" means a lot bounded by two (2) or more streets, ways, or access easements. The shortest boundary line which borders said street, way, or access easement shall constitute the front lot line.

"Lot coverage" means the land area covered by all buildings and improvements with a finished height above grade of three (3) feet or more, including all projections with the exception of roof eaves which project less than two (2) feet from the face of a building.

"Lot, key." "Key lot" means any lot with all or part of one (1) of its side boundary lines contiguous to an adjoining rear lot line.

"Lot, nonconforming." Refer to "non-conforming lot."

"Lower income household" shall have the meaning set forth in California Health and Safety Code Section 50079.5.

"Mail service" means businesses, either public or private, whose primary activity is providing postage and delivery of letters and packages through a universal service obligation. (NAICS code: 491110)

"Main body" means the primary massing of a primary building. See Section 10.20-12.030.3 for measurement method.

"Main facade" means the front facade of a building.

"Main street building" means a building with a vertical mix of uses with ground-floor retail, office or service uses and upper-floor service or residential uses. See Section 10-20.06.140 (Main Street Building).

"Major" means having a greater size, scope, effect, characteristic, or quality relative to the other corresponding sizes, scopes, effects, characteristics, or qualities; or being the greater of two or more.

"Maker shopfront" means a type of private frontage improvement featuring a shopfront for artisan industrial businesses to fabricate and sell products. See Section 10-20.07.080 (Maker Shopfront).

"Manufactured structure." Refer to "residential, manufactured structure."

"Manufacturing, light" means manufacturing, assembly, packaging, and associated storage and transportation of finished goods not requiring major refinement or raw material preparation. May include food-related manufacturing, apparel manufacturing, furniture and fixture manufacturing, printing, publishing and allied industries, professional and scientific instruments, textile mill products, craft industries, or other uses that create minimal noise, vibration, smoke, dust or any other particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond any building on the parcel on which it is located.

"Massing" means the overall shape or arrangement of the bulk or volume of a building and structures.

"Maximum density." Refer to "density, maximum."

"Median" means a planted or paved area which separates two (2) roadways or divides a portion of a road into two (2) or more lanes.

"Medical services, clinics and/or urgent care" means facilities other than a hospital where health practitioners practice general or specialized medicine, dentistry, surgery, or other personal health services and provide outpatient care. This use must include five (5) or more licensed practitioners and/or medical specialties. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "office." (NAICS codes: 6211, 6212, 6213, 6214, 621511, 621512)

medicine, dentistry, surgery, or other personal health services and provide outpatient care. This use must include five (5) or more licensed practitioners and/or medical specialties. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "office." (NAICS codes: 6211, 6212, 6213, 6214, 621511, 621512)

"Medical services, doctor offices" means facilities other than a hospital where health practitioners practice general or specialized medicine, dentistry, surgery, or other personal health services. Care provided under this use is outpatient care. Facilities classified under this use can accommodate up to four (4) licensed primary practitioners (not including nursing staff) within an individual office suite. A facility with five (4) or

more licensed practitioners is classified under "medical services, clinic and/or urgent care." These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "office." (NAICS codes: 6211, 6212, 6213, 6214, and 621511)

"Medical services, extended care" means residential medical facilities providing nursing and health-related care as a primary use with in-patient beds. This use includes:

1.

Drug and/or alcohol treatment facility (small and large). (NAICS code: 623220)

2.

Board and care homes, convalescent and rest homes, extended care facilities, and skilled nursing facilities. (NAICS code: 621610 and 623110)

3.

Pediatric day health and respite care facilities. (NAICS codes: 621498 and 621999)

Facilities serving six (6) or fewer people are permitted by right. Facilities serving seven (7) or more people are allowed with a conditional use permit. Long-term personal care facilities that do not emphasize medical treatment are included under "residential care facilities."

"Medical services, hospitals" means institutions providing primary health services and medical or surgical care to people, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical and mental conditions, and including, as an integral component of the institution, related facilities such as laboratories, outpatient facilities or training facilities. (NAICS code: 622110)

"Medical services, veterinary clinics and hospitals" means facilities whose primary activity is the dispensing of veterinary medical and dental care and services to animals. (NAICS code: 541940)

"Minimum average lot width." Refer to "lot width, minimum average."

"Minimum lot street frontage." Refer to "lot width, minimum street frontage."

"Mini-storage" means establishments that rent or lease an individual warehouse space for self-storage. These establishments provide secure space (i.e., rooms, compartments, lockers, containers, or outdoor space) where customers can store and retrieve their goods. (NAICS code: 531130)

"Minor" means having a lesser size, scope, effect, characteristic, or quality relative to the average size, scope, effect, characteristic, or qualities; or being the lesser of two (2) or more.

"Mixed-use" means multiple functions within the same building or the same general area through superimposition or within the same area through adjacency.

"Mobile home." Refer to "residential, manufactured structure."

"Moderate income household" shall have the meaning set forth in California Health and Safety Code Section 50093.

"Motel." Refer to "hotel."

"Motorcycle" means a vehicle with two (2) tires in tandem propelled by an internal combustion engine.

"Motorcycle sales" means a business whose primary activity is the sale of motorcycles.

"Motorcycle service and repair" means a business whose primary activity is the servicing and repair of motorcycles, but does not include the dispensing of automotive fuel.

"Multiplex" means a multifamily building consisting of up to twelve (12) side-by-side and/or stacked units, typically with a shared entry. See Section 10-20.06.130 (Multiplex).

"Multi-unit building" means a residential, non-residential, or mixed-use building in which there exists three (3) or more separate units with direct exterior access and in which there are appurtenant shared facilities. Distinguishing characteristics of a multi-tenant building or use may, but need not, include common ownership of the real property upon which the building or use is located, common wall construction, and multiple occupant use of a single structure.

"Natural grade" means the top or upper most surface of the ground prior to human intervention or modification.

"Neighborhood center" means a walkable environment that provides a mix of civic, institutional, and/or commercial uses.

"Net acreage." Refer to "acreage, net."

"Non-conforming building" means a building, or portion of a building, which was constructed, or structurally altered, in a manner consistent with land use regulations and development standards in effect at the time of the construction or structural alteration but which does not conform to the current development standards of the District in which it is located. Also includes "non-conforming structure."

"Non-conforming lot" means a lot existing lawfully at the time of the adoption of the zoning ordinance or amendment, but which does not conform to the lot area, width, access or other development standards of the applicable zoning district.

"Non-conforming structure." Refer to "non-conforming building."

"Non-conforming use" means a use of the land which was begun in a manner consistent with land use regulations and development standards in effect at the time of the initial use but which does not conform to the current land use regulations of the District in which it is located.

"Nurseries" means establishments engaged in the production and sale of plants and other nursery products. Facilities can either be outdoors or quasi-outdoors (i.e., greenhouses). The sale of plants or other nursery products entirely indoors is also included as "florists and houseplant stores" under "retail stores, general merchandise." (NAICS code: 444240)

"Nursery school." Refer to "day care center."

"Nursing home." Refer to "convalescent home."

"Off-street parking" means the area(s) located on a development site available for temporary storage of passenger vehicles, including a public or private parking lot where parking is the principal use of the property.

"Offices" means professional or government offices including:

1.

Accounting, auditing, and bookkeeping services. (NAICS code: 5412)

2.

Administrative services and document preparation. (NAICS codes: 561410 and 561110)

3.

Advertising and public relations agencies. (NAICS codes: 541810 and 541820)

4.

Architectural, engineering, surveying, and related services. (NAICS code: 5413)

5.

Artists and fine arts studios compatible with office uses. (NAICS code: 711500)

6.

Banks and financial institutions that are not retail (see "banks and financial services, retail"). (NAICS codes: 522292 and 525990)

7.

Business support services without a physical storefront (see "business support services") that includes: Computer- and office machine-related services (rental, sale, maintenance, or repair); copying, quick printing, blueprinting services, and other office support services; film processing and photofinishing; mailing services; and mail advertising services. (NAICS codes: 323111, 423420, 532420, 541860, 561431, 561439, 561499, 811212, 812921, and 812922)

8.

Computer software designers. (NAICS code: 5415)

9.

Mental health practitioners (except physicians). (NAICS code: 621330)

10.

Data processing and computer services. (NAICS code: 518210)

Employment services. (NAICS codes: 561311, 561312, 561320, and 561330)

12.

Investigation services. (NAICS code: 561611)

13.

Interior design services. (NAICS code: 541410)

14.

Government offices. (NAICS code: 921190)

15.

Graphic designers. (NAICS code: 541430)

16.

Lawyers. (NAICS code: 541100)

Management and consulting services. (NAICS code: 54161)

Photography studios, commercial. (NAICS code: 541921)

Real estate agencies. (NAICS codes: 531210 and 531390)

"Open space, private." "Private open space" means a lot, or a portion of a lot, privately owned and designated for private use, to be preserved in a natural or naturalized state through an appropriate instrument.

"Open space usable." "Usable open space" means open space which has sufficient horizontal and vertical dimensions to allow for active or passive use in a fashion and manner comparable to traditional residential backyard space or public park space.

"Open sub-zones" means variations in the regulations of the base zone to allow more uses than the base zone allows in specific areas but within the same building form and character as the base zone. See Section 10-20.03.040.2 (Neighborhood. Small Sub-Zone).

"Other residential care facilities" means establishments primarily engaged in providing residential care (except residential intellectual and developmental disability facilities, residential mental health and

substance abuse facilities, continuing care retirement communities, and assisted living facilities for the elderly). These establishments also provide supervision and personal care services. (NAICS code: 623990)

"Outdoor display" means the display of products or merchandise outside of a building and located so as to be visible from streets, roads, or sidewalks.

"Outdoor sales and rental, ancillary" means establishments that display products for sale and/or rental outdoors.

"Parapet" means a low wall along the edge of a roof or the portion of a wall that extends above the roof line.

"Parcel." Refer to "lot."

"Parking driveway width" means the horizontal measurement of an access driveway to a parking area, measured perpendicular to the direction of travel.

"Parking garages, commercial" means public or private parking garages used for the commercial business of parking motor vehicles for periods not exceeding twenty-two (22) hours during any one (1) day. Also includes "parking garage." (NAICS code: 812930)

"Parking lot" means a lot or portion of a lot designed exclusively for the parking of motor vehicles and paved with a permanent all weather surface as may be approved by the Public Works Director.

"Parking lot, commercial." "Commercial parking lot" means a public or private parking lot used for the commercial business of parking motor vehicles for periods not exceeding twenty-two (22) hours during any one (1) day. (NAICS code: 812930)

"Parking space" means an area designed for the parking of motor vehicles having unobstructed access to a public street, way, or access easement at all times, and having a minimum width of nine (9) feet, a minimum length of nineteen (19) feet, and a minimum vertical clearance of seven (7) feet, and either within a garage or carport, or uncovered, and paved with a permanent all weather surface as may be approved by the public works director. Such all-weather surface includes permeable and impermeable surfaces.

"Parks and playgrounds, public" means public outdoor natural or semi-natural areas that provide space for recreation. This use includes parks, play lots, playgrounds, seating areas, play courts, and recreational athletic fields (not for professional athletic team use). Public restrooms are permitted as an ancillary use to serve park users. (NAICS code: 712190)

"Path of travel" means a continuous, unobstructed way of pedestrian passage.

"Patio cover" means a one story, roofed structure, not more than 12 (twelve) feet in height above adjacent finished grade, used only for recreational and/or outdoor living purposes, that may be attached or detached as an accessory structure to the primary building.

"Pedestrian oriented" means a physical structure or place with design qualities and elements that contribute to an active, inviting, and pleasant place for pedestrians that typically includes most of the following elements:

Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;

2.

Visibility into buildings at the street level;

3.

A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way;

4.

Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

5.

Signs oriented and scaled to the pedestrian rather than the motorist; and/or

6.

Pedestrian orientation may also include: design amenities related to the street level including, but not limited to, awnings, paseos, and arcades; landscaping and street furniture.

"Pediatric day health and respite care facility" means a state licensed facility which provides an organized program of therapeutic social and day health activities and services and limited twenty-four (24) hour inpatient respite care for medically fragile children twenty-one (21) years of age or younger, including terminally ill and technology dependent children.

"Permeable surface" means a surface with structural stability that allows for drainage. Includes pavers (precast sections or individual units that fit together), grid systems (rigid plastic forms filled with gravel or soil and vegetation), and porous asphalt/concrete (similar to conventional asphalt and concrete in structure and form except that the sand and finer material have been removed.

"Permitted Use" means a use by right that does not require a conditional use permit, planned unit development permit, or other local discretionary review or approval that would constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Owner-occupied and rental multifamily residential development that have twenty (20%) percent of the units reserved for lower-income households shall be allowed by-right pursuant to California Government Code Section 65583.2, subdivisions (h) and (i).

"Personal services" means establishments providing services to serve the personal needs of customers, including:

Beauty and barber shops, day spas, tanning salons, or other personal care services. (NAICS codes: 812111, 812112, and 812199)

2.

Clothing and costume rental. (NAICS code: 532281)

3.

Funeral homes and funeral services. (NAICS code: 812210)

4.

Home and garden equipment repair and maintenance. (NAICS code: 811411)

5.

Leather goods and shoe shining and repair shops. (NAICS code: 811430)

Locksmiths. (NAICS code: 561622)

Massage therapy. (NAICS code: 621399)

Pet care (animal grooming and training). (NAICS code: 812910)

Rug cleaning. (NAICS codes: 561740 and 811490)

Tailoring and dressmaking shops. (NAICS codes: 315210 and 315280)

Travel agencies. (NAICS code: 561510)

These uses may also include accessory retail sales of products related to the services provided.

"Pet Care (except Veterinary) Services" means establishments primarily engaged in providing pet care services (except veterinary), such as boarding, grooming, sitting, walking, and training pets. (NAICS code: 812910)

"Pharmacy" means a business whose primary activity is the preparing and dispensing of prescription drugs.

"Planning Commission" means the Planning Commission of the Town of San Anselmo.

"Planning and building director" means the Director of the Planning and Building Department of the Town of San Anselmo.

"Podium" means a continuous projecting base or pedestal under a building often occupied by parking.

"Podium Top." A flat, elevated and open area above a podium that can be used as common area.

"Pole Sign." A sign wholly supported by a sign structure consisting of poles or posts in the ground.

"Porch." A covered shelter projecting in front of the entrance of a building.

"Porch, engaged" means a private frontage improvement featuring a covered entry structure that projects from the facade that is setback. See Section 10-20.07.050 (Porch Engaged).

"Porch, projecting" means a private frontage improvement featuring a covered entry structure projecting beyond the main facade of a building. See Section 10-20.07.040 (Porch Projecting).

"Pre-school." Refer to "day care center."

"Primary building" see "Building, primary."

"Primary Entrance" means the main entrance to a building.

"Primary living space" means a space within the primary building that is designed as a living room, dining room, or bedroom.

"Private club." Refer to "club, fraternal or social."

"Private open space" means the area required for each unit in some building types, provided as outdoor yard areas, patios, decks, and balconies, but excluding stairs, entrance decks, and/or landings. Does not include required setbacks.

"Projections" means portions of buildings and architectural features which extend beyond the primary exterior building wall plane.

"Property line, front." "Front property line" means the property line extending across the full street frontage of a lot between the side property lines and typically defined as the narrower of the lot's dimensions.

"Property line, rear." "Rear property line" means the property line extending across a lot's rear between the side property lines and parallel to the lot's front property line.

"Property line, side." "Side property line" means the property lines extending along the entire length of a lot between the front and rear property lines and typically defined as the longer of the lot's dimensions.

"Public works director" means the public works director of the Town of San Anselmo.

"Raised curb" means a street curb that meets the Marin County Uniform Construction Standards.

"Rake" means the sloped end portion of a roof. Rakes may be close to or extend from the building to allow for an overhang. Roof rakes can be exposed or closed.

"Religious institution" means establishments that operate religious organizations and administer services for worship or promotion of religious activities, including churches, temples, mosques, religious shrines, synagogues, and monasteries (without a school component). This use includes accessory uses including religious programs, living quarters for local religious leaders and staff, and parish houses. Other establishments maintained by religious organizations, such as schools or educational classes, mental health support, day care centers, and other potentially related operations are classified according to their respective activities. (NAICS code: 813110)

"Repair and maintenance, consumer products" means establishments that repair and service products for personal consumption including: Consumer electronic equipment; furniture (including reupholstery); garments; musical instruments; televisions, radios, and other household appliances; and watches, clocks and jewelry. This classification does not include repair or services accessory to retail uses. This use does not include shoe repair, which is included under "personal services." This use does not include businesses serving the repair needs of heavy equipment, which are included under "business support services." (NAICS codes: 811210, 811310, 811412, and 811490)

"Research and development" means facilities for scientific research and the design, development, and testing in the physical, engineering, and life sciences, such as electronics, environmental, biology, botany, biotechnology, computers, chemistry, food, forests, geology, health, mathematics, medicine, nanotechnology, pharmacy, physics, veterinary, and other allied subjects. (NAICS Code: 54171)

"Residential care facilities, large" means any use of a residential unit serving seven (7) or more persons on a twenty-four (24) hour per day basis. Also includes "group dwelling" and "group home."

"Residential care facilities, small" means any use of a residential unit serving six (6) or fewer persons on a twenty-four (24) hour per day basis. A small residential care facility is a state mandated residential use of the property. Also includes "group dwelling" and "group home."

"Residential, manufactured structure." "Manufactured residential structure" means a residential unit constructed off-site and delivered and installed on a lot. Also includes "residential, mobile home."

"Residential, mobile home." Refer to "residential, manufactured structure."

"Residential, multifamily (two (2) to four (4) units)" means a building having up to four (4) independent and attached residential uses. Such uses include a duplex, triplex, and quadplex.

"Residential, multifamily (five-plus (5+) units)" means a building having five (5) or more independent and attached residential units.

"Residential occupancy" means occupancy of residential structures or dwelling units for a permanent period of thirty (30) days or greater.

"Residential second unit." Refer to "accessory dwelling unit."

"Residential second unit - Nonconforming." Refer to "nonconforming accessory dwelling unit" in Title 10, Chapter 6, Section 10-6.103.

"Residential, single-family attached." "Single-family attached residence" means a building containing two (2) or three (3) independent and attached residential units. Also includes "duplex" and "triplex."

"Residential, single-family detached." "Single-family detached residence" means a detached residential unit.

"Residential unit" means a building, or portion of a building, designed for occupancy as living quarters by one (1) household and having no more than one (1) kitchen and at least one (1) bathroom. A residential unit may be either detached, attached, multifamily, or may be a manufactured structure. A residential unit may be owned, either wholly or as part of a condominium or stock cooperative, or may be rented as an apartment. Also includes "dwelling unit."

"Rest home." Refer to "convalescent home."

"Restaurants" means establishments preparing and selling food for consumption (either on- or off-

premises). These include establishments providing food services to patrons who order and are served while seated (i.e., waiter/waitress service) and pay after eating; establishments with a walk-up ordering counter; and a combination of either type of service that provides take-out services. This use includes catering services for on-site consumption ancillary to the primary restaurant use. This classification does not include fast food restaurants (see restaurant, fast food), drive-through services (see "drive-through services"), or alcohol consumption (see "restaurants, with alcohol and/or entertainment"). (NAICS codes: 722511, 722513, 722514, and 722515)

"Restaurants, fast food" means a restaurant whose operation involves the on-site preparation and sale of foods, or the on-site heating and sale of pre-prepared foods, intended for consumption either on-site or offsite. Attributes typically, but not necessarily associated with fast food restaurants include customer food orders and customer food pick-ups at a counter, no water/waitresses, a lack of ambiance, limited on-site seating, and drive-through order placing and pick-up facilities. (NAICS codes: 722511, 722513, 722514, and 722515)

"Restaurants, with alcohol and/or entertainment" means establishments preparing and selling food for consumption (either on- or off-premises), as well as facilities for dancing and other entertainment that are secondary and subordinate to the principal use of the establishment as a restaurant. These include establishments providing food services to patrons who order and are served while seated (i.e.,

waiter/waitress service) and pay after eating; establishments with a walk-up ordering counter; and a combination of either type of service that provides take-out services. This use includes alcohol sales and catering services for on-site consumption ancillary to the primary restaurant use. This classification does not include fast food restaurants (see restaurant, fast food), drive-through services (see "drive-through services"), or establishments that primarily serve alcohol (see "drinking establishments"). (NAICS codes: 722511 and 722513)

vides take-out services. This use includes alcohol sales and catering services for on-site consumption ancillary to the primary restaurant use. This classification does not include fast food restaurants (see restaurant, fast food), drive-through services (see "drive-through services"), or establishments that primarily serve alcohol (see "drinking establishments"). (NAICS codes: 722511 and 722513)

"Retail stores, general merchandise" means establishments selling new and used merchandise to consumers. The types of stores and merchandise may include:

Antique stores. (NAICS code: 459510)

2.

Art supplies. (NAICS code: 453998)

3.

Art sales. (NAICS code: 459920)

4.

Bakery goods (when not prepared on-site). (NAICS code: 445291)

5.

Beauty supplies. (NAICS code: 456120)

6.

Bicycle sales and maintenance or service. (NAICS codes: 451110 and 811490)

7.

Bookstores. (NAICS code: 459210)

8.

Candy stores. (NAICS code: 445292)

9.

Cameras and photographic supplies. (NAICS code: 423410)

10.

Cigar stores. (NAICS code: 459991)

11.

Clothing and accessories, fabrics, and sewing supplies. (NAICS codes: 458110, 459130, and 459510)

12.

Electronic equipment. (NAICS code: 449210)

13.

Florists and houseplant stores. (NAICS code: 459310)

Furniture and home furnishings. (NAICS codes: 449110 and 449129)

15.

General merchandise retailer. (NAICS code: 455219)

16.

Gift and novelty stores. (NAICS code: 459420)

17.

Glasses and other optical goods. (NAICS code: 456130)

18.

Handcrafted items. (NAICS code: 423940)

19.

Small hardware stores less than ten thousand (10,000) square feet in size. (NAICS code: 444140)

20.

Hobby materials, toys, and games. (NAICS code: 459120)

21.

Jewelry. (NAICS code: 458310)

22.

Luggage and leather goods. (NAICS code: 458320)

23.

Music stores (CDs, tapes, records). (NAICS code: 459140)

24.

Musical instruments, parts, and accessories. (NAICS code: 459140)

25.

Pet supplies. (NAICS code: 459910)

Pharmacies. (NAICS code: 456110)

Shoes. (NAICS code: 458210)

Sporting goods and equipment sales and rental. (NAICS code: 459110 and 532284)

Stationery. (NAICS code: 459410)

Video sales and rentals. (NAICS codes: 532282, 532210, and 443142)

Up to thirty (30%) percent of a retail store may contain ancillary storage, office, classes, and/or specialty use.

"Review authority" means the individual or official jurisdictional body identified as having the responsibility and authority to review, and approve or deny required permit applications.

"Ridge" means those specific primary and secondary ridges delineated by the General Plan.

"Ridge line, primary." "Primary ridge line" means the line described by connecting the uppermost elevation along a primary ridge, as such ridge is delineated by the General Plan.

"Ridge line, secondary." "Secondary ridge line" means the line described by connecting the uppermost elevation along a secondary ridge, as such ridge is delineated by the General Plan.

"Ridge zone" means that area of a primary or secondary ridge on both sides of the ridge line which has an elevation fifty (50) feet or less of the elevation of the ridgeline when measured perpendicularly from the nearest point of the ridgeline or which lies within one hundred fifty (150) feet when measured perpendicularly from the ridge line, whichever results in a lower elevation.

"Savings and loan" means a business whose primary activity is the handling of financial transactions.

"Schools, specialized education and training" means non-public schools offering education via classes or training (either for a degree or without a degree). This use includes business schools, technical and trade schools, secretarial schools, vocational schools offering specialized trade and commercial courses, fine arts schools, language schools, driver education schools, cosmetology and barber schools, and seminaries or other establishments exclusively engaged in training for religious ministries. This use also includes organizations and conference centers that offer specialized programs or classes (such as professional development, arts, communications, environmental awareness, or other personal development). (NAICS codes: 611110, 611410, 611511, 611519, 611610, 611630, 611692, and 611699)

"Screen vegetation, filtered" means vegetation that grows together to form a non-opaque screen and permits visibility of structures through to the other side.

"Screen vegetation, solid" means vegetation that grows together to form an opaque screen that does not permit visibility of structures through to the other side.

"Second unit." Refer to "accessory dwelling unit."

"Service organizations and clubs" means establishments engaged in promoting the civic and social interests of its members. (NAICS code: 813410)

"Setback, front" means an area extending across the full width of the parcel or development site between the front property line or development site line and the primary structure.

"Setback, rear" means an area extending the full width of the parcel or development site between a rear property line or development site line and the primary structure.

"Setback, side" means an area between a side property line or development site line and the primary structure extending between the front and rear setback.

"Setback, side street" means an area between a side property line or development site line adjacent to a public right-of-way and the primary structure extending between the front and rear setback.

"Setback, parking" means the mandatory clear distance between a property line or development site line and parking.

"Setbacks" means a distance established by the provisions of this chapter to govern the placement of buildings and other improvements on lots with respect to property lines, development site lines, streets, ways, or access easements. Setbacks shall not apply to public utility transmission and distribution lines.

"Shared parking" means any parking spaces assigned to more than one (1) user, where different persons utilizing the spaces are unlikely to need the spaces at the same time of day.

"Shopfront" means a private frontage improvement featuring a storefront for a retail, service or restaurant use. See Section 10-20.07.090 (Shopfront).

"Shopfront base" means a low wall that does not include glass, between the display window(s) of a shopfront and the adjacent sidewalk.

"Sidewalk" means a paved area along a street intended exclusively for pedestrian use and often installed between a street and development site frontages.

"Sign, exterior." "Exterior sign" means any outdoor display of advertising material in any form placed or mounted upon any building, freestanding structure, or natural object.

"Sign, pole." "Pole sign" means any sign, mounted upon a pole, post, or other similar freestanding vertical structure, which includes letters, words, logos, or pictures intended to identify or advertise a business or advertise merchandise or products of a business.

"Sign, wall." "Wall sign" means any sign, mounted upon a wall of a building which includes letters, words, logos, or pictures intended to identify or advertise a business or advertise merchandise or products of a business.

"Sign, window." "Window sign" means any sign, mounted upon the exterior or interior of a window, or mounted behind a window so as to be visible from a sidewalk, street or road, which includes letters, words, logos, or pictures intended to identify or advertise a business or advertise merchandise or products of a business.

"Single-room occupancy units" are one-room units intended for occupancy by one (1) or two (2) individuals as their primary residence, which are occupied for periods not less than thirty (30) days.

"Site plan" means a base sheet that includes the basic information that will appear on all plans including, but not limited to, natural features, roads, buildings, or other structures to remain on-site.

"Skilled nursing home." Refer to "convalescent home."

"Slope, average." Refer to "average slope."

"Storage, ancillary" means the indoor or outdoor storage of various materials on the same site as a principal building or land use that is other than storage, which supports the activities or conduct of the principal use.

"Storefront" means the majority portion of a shopfront frontage that consists of the display window and/or entrance and its components, including windows, doors, transoms, and sill pane.

"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above, the space between the floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six (6) feet above grade for more than fifty (50%) percent of the total perimeter, such basement or cellar shall be considered a story.

"Story, first" means the lowest story or the ground story of any building, the floor of which is not more than twelve (12) inches below the average contact ground level at the exterior walls of the building.

"Story, half" means a conditioned space that rests primarily underneath the slope of the roof, usually having dormer windows. The half story is identified by the ".5" in the description of maximum height (e.g., 2.5). A half-story is considered a story when its top wall plates, on at least two (2) opposite exterior walls, are four (4) feet or more above the floor of such story.

"Story, mezzanine" means a story which covers one-third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story when it covers more than one-third of the area of the story directly underneath said mezzanine story.

"Street" means a public way or permanent private thoroughfare that affords a primary means of access to two (2) or more lots or development sites.

"Street, front" means a street located along the front property or development site line.

"Street, side" means a street located along a property or development site line that is not the front property or development site line.

"Street frontage" means the lineal length of that portion of a parcel or development site abutting a street.

"Street tree" means a tree planted in open spaces, parkways, sidewalk areas, easements, streets, and rights-of-way.

"Structural alteration" means any change in the supporting members of a building, including but not limited to, bearing walls, shear walls, retaining walls, columns, beams, girders, floor joists, ceiling joists, or roof

rafters.

"Structure" means any improvement constructed or erected so as to project thirty-six (36) inches or more above the level of the adjoining grade, including, but not limited to, buildings, retaining walls, and decks. Fences shall also be considered structures if the height of the fence is greater than six (6) feet above the level of the adjoining existing grade. Both covered and uncovered parking spaces shall also be considered structures for purposes of setback requirements. Patios, walls, and similar improvements which have a finished height less than thirty-six (36) inches above the existing grade and creek bank restoration shall not be considered structures. For the purposes of computing the heights of structures and fences, the existing grade shall be the lower of:

(a)

The existing ground surface; or

(b)

The elevation of the existing grade at the time the application for construction of the structure is made.

"Structure height." Refer to "building height."

"Studio" means a business whose activity includes the creation, display, or sale of items of art.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

"Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

"Target population" means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse or other chronic health condition, or individuals eligible for service provided pursuant to the Lanterman Developmental Disabilities Service Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Tavern." Refer to "bar."

"Temporary use" means a use of a lot, or a portion of a lot, for which the temporary use is deemed to be of short duration where the site is not to be permanently altered by grading or construction of accessory facilities. The duration of the temporary use shall be commensurate with the scope of the temporary use. Examples of temporary uses include the selling of Christmas trees, and pop-up commercial uses in commercial districts..

"Terrace" means a private frontage improvement featuring an elevated area for pedestrian circulation between a building facade and the sidewalk. See Section 10-20.07.100 (Terrace).

"Theaters and meeting halls" means an indoor facility in which performances or events are held. The use supports public assembly and group entertainment (e.g., live theater and concerts), and it includes: Auditoriums; exhibition and convention halls; motion picture theaters; meeting halls; theaters; and similar public assembly uses. This use does not allow sporting events. (NAICS codes: 512131, 711110, 711120, 711130, and 711310)

"Tool repair, commercial." "Commercial tool repair" means a business whose primary activity is the repair of commercial instruments used or worked by hand or machinery.

"Town" means the Town of San Anselmo.

"Town Council" means the Town Council of the Town of San Anselmo.

"Townhouse, neighborhood" means a multifamily residential structure with up to four (4) side-by-side units with a rear setback. See Section 10-20.06.100 (Neighborhood Townhouse).

"Transitional housing" means a building or buildings configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.

"Transom" means a window, a window above a door or other window building on and commonly hinged to a transom.

"Transportation services, transit stop" means a site served by at least one (1) fixed bus route. (NAICS code: 485210)

"Trellis" means an open-air, horizontal structure used to shade the side of a building or support plants.

"Trip ends" means a total count of the round trips generated by vehicles entering and leaving a property.

"Triplex." Refer to "residential, multifamily (two (2) to four (4) units)."

"Unenclosed" means a space with or without a permanent roof that is not enclosed by walls, windows or doors on at least two (2) sides. Insect screening would not constitute enclosure.

"Upper floor" means a floor in a building containing habitable space that is located above the ground floor.

"Urban lot split" means a subdivision of an existing parcel into no more than two (2) separate parcels of approximately equal size and meeting all the criteria and standards of Title 10, Chapter 2, Article 7, Section 10-2.705.

"Use" means the purpose for which a lot, or a building located on a lot, is designed, designated or maintained.

"Use, accessory." Refer to "accessory use."

"Use, nonconforming." Refer to "nonconforming use."

"Utility substation" means a facility, operated by a public or private company whose business it is to deliver water, gas, electricity, telephone, cable television, or other public utility services which is necessary for the distribution of the service but in which the service is not produced.

"Vehicle repair and maintenance" means provision of a wide range of mechanical and electrical repair, engine repair and replacement, and cleaning and maintenance services of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use. Wholesale and retail ancillary sales of vehicle parts as an accessory use is allowed. This use does not include automotive fuel sales (see "service stations"). (NAICS codes: 811111, 811114, 811191, 811192, and 811490)

"Very low income household" shall have the meaning set forth in Health and Safety Code Section 50105.

"Visual impact:"

"Absent significant visual impact" means although new dwellings and additions may be visible offsite, the effect will not have a negative visual impact on surrounding properties or other significant viewpoints located offsite due to size, location, materials, colors, landscape screening, or combination thereof.

"Not materially visible offsite" means new dwellings and additions which will be totally or nearly obscured from surrounding properties or other significant viewpoints located offsite due to size, location, materials, colors, existing landscape screening, or combination thereof.

"Walkable neighborhood center" means a walkable environment for pedestrians that provides a concentrated mix of civic, institutional, and/or commercial uses.

"Walkable/walkability" means the condition when an area is highly interconnected to other areas and appeals to pedestrians for recreational walking or for walking to work, transit, errands, shopping, or restaurants.

"Walkway" means a paved way located on one or more development sites, used for pedestrian traffic, and used exclusively by the development site owner(s), their guests, and invitees.

"Wall plane" means a vertical surface defined by the facades of buildings.

"Wall, retaining." "Retaining wall" means a structural wall designed to retain earth.

"Water tank" means a tank, which may be constructed below grade or wholly or partially above grade in which is stored water for domestic consumption or irrigation.

"Wholesale and distribution" means establishments that sell merchandise to other firms for resale, or serve as the agent or broker in purchases or sales of merchandise to individuals or companies. This business may store goods on-site in anticipation of goods transfer to the buyers upon sale. These businesses are not permitted to display merchandise, as they are not intended to attract retail sales (see "retail stores, general merchandise"). This classification does not include the retail sale of building materials (see "building material stores"). (NAICS codes: 423440, 425120, and 424990)

"Width-to-height ratio" means the ratio of the horizontal size of a space measured perpendicularly to the vertical height of a building.

"Wing" means a structure of at least five (5) feet in depth physically attached to, and secondary to, the main body of a primary building.

"Wireless telecommunications facilities" means establishments primarily engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves. Establishments in this industry have spectrum licenses and provide services using that spectrum, such as cellular phone services, paging services, wireless Internet access, and wireless video services. (NAICS code: 517112)

"Windmill" means a mechanical device powered by the wind which is designed to generate electricity either for the lot on which the windmill is located or for sale.

"Xeriscape" means landscaping showing a dry view.

"Zero-Emissions Fueling Station" means a use consisting of one (1) or more Electric Vehicle Charging Spaces served by an EVCS or other charging equipment. In accordance with California Government Code section 65850.7, this includes any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

"Zero-Emissions Vehicle (ZEV)" means a vehicle with a zero-emissions powertrain that produces zero exhaust emission of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions. ZEVs include BEVs and FCEVs.

"Zoning ordinance" means the zoning ordinance of the Town of San Anselmo as contained in Chapter 3 of the San Anselmo Municipal Code.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 2, Ord. 949, eff. August 27, 1993, § 2, Ord. 976, eff. July 10, 1996, § 2, Ord. 977, eff. September 12, 1996, Ord. 1021, eff. August 23, 2001, and § 3, Ord. 1044 (part), eff. July 28, 2005)

(Ord. No. 1069, 3-24-2009; Ord. No. 1087, 4-9-2013; Ord. No. 1098, § 1, 1-13-2015; Ord. No. 1099, § 1, 1- 13-2015; Ord. No. 1115, § 12, 2-28-2017; Ord. No. 1117, § 2, 9-12-2017; Ord. No. 1119, § 8, 12-12-2017; Ord. No. 1126, § 4, 9-11-2018; Ord. No. 1150 § 2(Exh. 1), 9-22-2020; Ord. No. 1151, §§ 5—7, 2-23-2021; Ord. No. 1159, §§ 16, 17, 12-14-2021; Ord. No. 1160, §§ 16, 17, 12-14-2021; Ord. No. 1179, § 4(Exh. A), 8- 22-2023; 1180, § 4, 5, 8-22-2023; Ord. No. 1183, § 3, 12-12-2023; Ord. No. 1184, § 9, 1-9-2024; Ord. No. 1186, 2(Exh. A-2), 4-9-2024; Ord. No. 2025-1190, § 2(Exh. A)(16), 5-27-2025)

Article 18. - Cannabis Regulations

10-3.1801 - Cannabis facilities, cultivation and delivery.

(a)

Purpose.

(1)

The purpose and intent of this section is to prohibit medicinal cannabis facilities, non-medicinal cannabis facilities, cannabis cultivation, and certain cannabis deliveries, as defined below, within the Town's corporate limits.

(2)

The Town Council recognizes that it is a federal violation under the Controlled Substances Act (21 USC 801 et seq.) to possess or distribute cannabis, even if for medicinal purposes.

(3)

The Town Council is concerned about the potential increase in under-age use of cannabis and potential security issues related to cannabis cultivation and distribution. Outdoor cannabis cultivation generates a strong odor that creates an attractive nuisance, alerting neighbors and the public to the location of valuable plants and creating a risk of crime. Indoor cannabis cultivation can have similar impacts if it is detectable to the public. In addition, indoor cannabis cultivation poses a fire risk where high-wattage grow lights result in excessive use of electricity. Such negative impacts are contrary to and undermine policies that are intended to promote and maintain the public's health, safety, and welfare.

(b)

Definitions. As used in this section, the following terms shall have the meaning set forth below.

(1)

"Cannabis" shall have the meaning set forth in California Business and Professions Code § 26001(f).

(2)

"Commercial cannabis activity" shall have the meaning set forth in Business and Professions Code § 26001(k).

(3)

"Cultivation" shall have the meaning set forth in Business and Professions Code § 26001(l).

(4)

"Establish" or "operate" a medicinal cannabis facility or non-medicinal cannabis facility means and includes any of the following:

a.

The opening or commencement of the operation of a medicinal cannabis facility or non-medicinal cannabis facility;

b.

The conversion of an existing business, facility, use, establishment, property, or location to a medicinal cannabis facility or non-medicinal cannabis facility;

c.

The addition of a medicinal cannabis facility or non-medicinal cannabis facility to any other existing business, facility, use, establishment, property, or location.

(5)

"Medicinal cannabis" shall have the meaning set forth in Business and Professions Code § 26001(ai) and shall be synonymous with "medical cannabis."

(6)

"Medicinal cannabis facility" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medicinal cannabis is sold, made available, delivered, and/or distributed by or to three or more people. A "medicinal cannabis facility" includes any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business and Professions Code § 26001(k) takes place. A "medicinal cannabis facility" does not include the following uses provided that the location of such uses is otherwise regulated by and strictly complies with this Code and applicable law including, but not limited to, Health and Safety Code §§ 11362.5, 11362.7, et seq.:

a.

A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

b.

A health facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

c.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

d.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

e.

A residential hospice; or

f.

A home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(7)

"Non-medicinal cannabis facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits

another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code §§ 26000 et seq., including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness. A "non-medicinal cannabis facility" includes any "commercial cannabis activity" as defined by Business and Professions Code § 26001(k).

(c)

Medicinal cannabis facilities, non-medicinal cannabis facilities, and certain cannabis deliveries prohibited.

(1)

Medicinal cannabis facilities are prohibited in all zones in the Town and shall not be established or operated anywhere in the Town.

(2)

Non-medicinal cannabis facilities are prohibited in all zones in the Town and shall not be established or operated anywhere in the Town.

(3)

No person may own, establish, open, operate, conduct, or manage a medicinal cannabis facility or nonmedicinal cannabis facility in the Town, or be the lessor of property where a medicinal cannabis facility or non-medicinal cannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medicinal cannabis facility or non-medicinal cannabis facility in the Town.

(4)

No use permit, site plan and design review permit, tentative map, parcel map, variance, grading permit, building permit, business license, certificate of occupancy, or other zoning, subdivision, encroachment or other Town permit will be accepted, approved, or issued for the establishment or operation of a medicinal cannabis facility or non-medicinal cannabis facility. Any such permit issued in error shall be null and void.

(5)

No person and/or entity may deliver or transport cannabis from any fixed or mobile location, either inside or outside the Town, to any person in the Town, except as follows:

a.

A person may deliver or transport medicinal cannabis or medicinal cannabis products to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code § 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code §§ 11362.5 and 11362.7(d).

b.

A licensed medicinal cannabis dispensary operating outside of Town limits in compliance with Business and Professions Code §§ 19300 et seq., may deliver medicinal cannabis or medicinal cannabis products to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code § 11362.7, residing within the Town.

c.

A Town business license shall be required, and appropriate business license taxes shall be paid in accordance with Title 6, Chapter 1.

(6)

Nothing contained in this section shall be deemed to permit or authorize any use or activity that is otherwise prohibited by any state law.

(d)

Cannabis cultivation. Commercial cannabis cultivation is prohibited. A person may plant, cultivate, harvest, dry, or process cannabis plants indoors or outdoors to the extent allowed under California Health and Safety Codes §§ 11362.1(a)(3) and 11362.77, subject to all restrictions under California State Law, and the following additional restrictions:

(1)

The owner of the property must provide written consent;

(2)

Compliance with all applicable Building Codes, Fire Codes, Water Efficient Landscape requirements (Title 9, Chapter 22), and Urban Runoff Pollution Prevention requirements (Title 5, Chapter 8) set forth in the San Anselmo Municipal Code;

(3)

The living plants and any cannabis produced by the plants shall be in a locked space and not visible by normal unaided vision from a public place;

(4)

No odor of cannabis shall be detectable from the property boundaries by a person of ordinary senses; and

(5)

The planting, cultivation, harvesting, drying, or processing shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious odor, smoke, traffic, vibration or other impacts or be hazardous due to use or storage of materials, processes, products or waste associated with cannabis cultivation.

(e)

Penalties for violation. The Town may enforce this section in any manner permitted by law. Violation of this section shall be and is hereby declared to be a public nuisance.

(1)

Any violation of the provisions of this article is hereby declared a public nuisance and contrary to the public interest and shall, at the discretion of the Town, create a cause of action for injunctive relief or shall be subject to abatement in the manner set forth in Title 1 Chapter 2.

(2)

Any person violating provisions of this article may be deemed guilty of an infraction or misdemeanor, except violations of Section 10-3-1801(c)(5), which shall be considered an infraction, and shall be subject to penalties pursuant to Section 36900 of the California Government Code, as amended.

(3)

Each and every day that any violation of this article continues, is committed or is permitted to continue shall be regarded as a new and separate offense.

(4)

The remedies provided in this section shall be cumulative and not exclusive.

(Ord. No. 1118, § 2, 10-24-2017; Ord. No. 1144, § 2, 4-14-2020)

Article 19. - Single-Room Occupancy Regulations

When allowed by Land Use Regulations Table 3A in the zone applicable to a site, a single-room occupancy residential housing facility (SRO) is subject to the requirements of this section. The provisions of this article are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services and to establish standards for these small units.

(a)

Conditional use permit required. A conditional use permit shall be obtained prior to use of any rooms or units for SRO purposes.

(b)

Location. A single-room occupancy residential housing facility shall not be located within three hundred (300) feet of any other single-room occupancy residential housing, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

(c)

Development standards.

(1)

Size. Units shall have a maximum floor area of four hundred (400) square feet.

(2)

Occupancy limit. Each unit shall accommodate a maximum of two (2) persons.

(3)

Laundry facilities. Laundry facilities shall be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every ten (10) units of fractional number thereof.

(4)

Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one (1) full bathroom per floor.

(5)

Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and stove, range top or oven. A partial kitchen is missing at least one (1) of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one (1) full kitchen. For projects with more than ten (10) units common kitchen facilities shall be provided with at least one (1) full kitchen per floor.

(6)

Code compliance. SRO units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements.

(d)

Facility management. Twenty-four-hour on-site management must be provided at an SRO with seven (7) or more units and shall include a dwelling unit designated for the manager. All SRO projects must have a management plan. The management plan shall contain management policies, maintenance plans, rental procedures, tenant rules, and security procedures.

(e)

Parking. On-site parking must be provided as required for multifamily units. The Planning Commission may reduce parking requirements to one (1) space per four (4) units if the SRO is deed restricted for extremely low-income housing or if alternative transportation is provided, such as free car sharing on site or transit passes. With the exception of projects that allow only senior residents, projects with reduced parking shall provide one (1) bicycle parking space per unit.

(f)

Tenancy. Tenancy of SRO units shall not be for less than thirty (30) days.

(Ord. No. 1126, § 2, 9-11-2018)

Article 21. - Demolition Permit

(a)

The quality and feel of the Town are heavily shaped by the attributes, integrity, historical character and design scale of existing residential and commercial structures. The preservation, enhancement and continued use of structures with historic, architectural, cultural and/or aesthetic importance is essential in retaining this community character.

(b)

Demolition activity itself should be designed to minimize disturbances and hazard to the neighborhood and community.

(c)

The Town seeks to maintain housing units in order to further the goals of the General Plan Housing Element.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

Except as otherwise provided in this article, no commercial, professional and/or residential dwelling structures within the town shall be demolished until a demolition permit is approved by the Planning Commission. A demolition permit for exterior demolition shall be required for the demolition of more than fifty (50%) percent of the exterior walls above the foundation. The Planning Director may develop written guidelines for what is included in exterior wall demolition, which shall be measured in square feet and shall include the square feet of windows and doors that are removed. Wall areas that are replaced in kind shall not count towards the demolition threshold where such replacement involves no material change in visual effect due to identical size and identical or similar design. This article does not apply to non-habitable accessory structures less than five hundred (500) square feet in size.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

10-3.2103 - Submittal requirements.

(a)

Demolition permit applications shall be filed with the Planning Department with an application fee as set by resolution of the Town Council.

(b)

Every demolition permit application shall include standard submittal requirements as prepared by the Planning Department.

(c)

Every building permit application that involves forty (40%) percent or more demolition shall provide the following:

(1)

Detailed calculation in square feet of existing wall areas, wall areas proposed to be demolished, and wall areas to be replaced in kind.

(2)

Drawings that detail all existing exterior wall areas to remain, wall areas to be demolished and wall areas to be replaced in kind.

(3)

Verification from a structural engineer may be required.

(d)

Independent evaluation and report by an architect specializing in historic preservation, historical resources or a similar field may be required by the Planning Director or Planning Commission. This consultant may be selected by the Town and retained at the applicant's expense.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

The Planning Commission may approve or conditionally approve any application upon making the following findings:

(a)

The demolition will not remove from the neighborhood or Town, nor adversely affect, a building of historical, architectural, cultural or aesthetic value.

(b)

The project is consistent with the San Anselmo General Plan.

(c)

The project will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(d)

The granting or denying of a demolition permit for the demolition of structures may also be subject to the following findings based on substantial evidence as determined by the Planning Commission or Town

Council.

(1)

Failure to approve a demolition permit will cause immediate and substantial hardship because of the conditions peculiar to a particular structure, and such hardship has not been created by an act of the owner in anticipation of action under this chapter. Examples of hardship include health and safety hazards that cause the building to be unsafe. Personal, family, financing difficulties, loss of prospective profits and neighboring violations are not justifiable hardships.

(2)

It is necessary to reveal previous architectural features covered up, such feature that would be functionally and aesthetically compatible with the existing improvements and the natural elements of the area.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

Projects reducing the number of housing units in the Town, whether involving the demolition of a single unit with no replacement unit or the demolition of multiple units with fewer replacement units, are discouraged.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

An emergency demolition permit may be issued by the Town Building Official prior to Planning Commission approval of a demolition permit when a structure is determined by the Building Official to pose an immediate threat to public health, safety and welfare and no other alternative means exists to permanently or temporarily prevent, restrain, correct or abate the threat. The extent of demolition activity shall be limited to the minimum amount necessary to abate the emergency situation. The Building Official may condition such emergency demolition as necessary to provide compliance with this article.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

If a replacement structure is required as a condition of approving a demolition permit, the Town shall not issue a building permit to allow the approved demolition activity until the applicant secures a building permit for the replacement structure.

(Ord. No. 1150 § 2(Exh. 1), 9-22-2020)

Article 25. - Amendments[[3]]

Footnotes:

--- ( 3 ) ---

Article 25, consisting of Sections 10-3.2501 through 10-3.2505, added by Ordinance No. 485, effective January 10, 1963, as amended by Ordinance Nos. 502, effective December 19, 1963, and 707, effective June 22, 1976, repealed by Ordinance No. 731, effective May 26, 1977.

The provisions of this chapter may be amended in the manner set forth in Sections 65854 through 65857 of the Government Code of the State.

(Ord. 731, eff. May 26, 1977)

Amendments to the provisions of this chapter may be initiated by:

(a)

The petition of one (1) or more property owners affected by the proposed amendment, which petition shall be filed with the Planning Commission and be accompanied by a fee in the amount established by resolution;

(b)

Action by the Council; or by

(c)

Action by the Planning Commission.

(Ord. 731, eff. May 26, 1977)

Article 26. - Enforcement, Legal Procedures, and Penalties

All departments, officials, and public employees of the Town who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no such permits or licenses for uses, buildings, or purposes when the same would be in conflict with the provisions of this chapter.

(Ord. 485, eff. January 10, 1963)

It shall be the duty of the officers of the Town herein and/or otherwise charged by law with the enforcement of the laws of the Town to enforce all the provisions of this chapter.

(Ord. 485, eff. January 10, 1963)