Chapter 5 — Reserved[[8]]

Footnotes:

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Editor's note— Ord. No. 1115, § 15, adopted February 28, 2017, repealed title 10, ch. 5, §§ 10-5.01—105.07 which pertained to sales of residential property: reports of residential building records and moved said provisions to title 9, as chapter 23. Chapter 5 derived from § 1, Ord. 590, eff. December 25, 1969, as amended by § 1, Ord. 621, eff. October 28, 1971, and § 12, Ord. 707, eff. June 22, 1976.

Chapter 6 - ACCESSORY DWELLING UNITS[[9]]

Sections:

Footnotes:

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Editor's note— Ord. No. 1172, § 3, adopted December 13, 2022, repealed ch. 6, §§ 10-6.101—10-6.403 and enacted a new ch. 6 as set out herein. The former ch. 6 pertained to similar subject matter and derived from § 1, Ord. 1033, eff. June 24, 2003; Ord. No. 1087, 4-9-2013; Ord. No. 1112, § 2, 12-13-2016; Ord. No. 1115, § 13, adopted February 28, 2017; Ord. No. 1119, § 9, 12-12-2017; Ord. No. 1142, § 3(Exh. 1), 11-262019; Ord. No. 1143, § 2(Exh. 1), 12-10-2019; Ord. No. 1149 § 2(Exh. 1), 9-8-2020; Ord. No. 1159, § 18, 12-14-2021; Ord. No. 1160, § 18, 12-14-2021; Ord. No. 1162, § 3, 2-8-2022.

Article 1. - Accessory Dwelling Units and Junior Accessory Dwelling Units Purpose, Definitions, Permit Requirement and Exemption

The purpose of this chapter is to provide for the creation and regulation of accessory dwelling units (ADUs) and junior accessory units (JADUs) in a manner consistent with State law.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 2025-1188, § 2(Exh. A), 3-11-2025)

For the purposes of this chapter the following definitions apply:

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on the same lot as the proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

"Attached Accessory Dwelling Unit" or "Attached ADU" means an ADU that shares a common wall with the primary dwelling unit on the lot either by being constructed as a physical expansion (addition) to the primary dwelling unit, conversion of an existing attached garage to the primary dwelling unit, or construction of a basement underneath an existing primary dwelling unit.

"Detached Accessory Dwelling Unit" or "Detached ADU" means an ADU that is constructed as a separate structure from the primary dwelling unit on the lot of by the conversion (full or partial) of an existing detached accessory structure into an ADU.

"Efficiency kitchen" shall have the same meaning as defined in State law and means a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the unit.

"Efficiency unit" shall have the same meaning as defined in California Health and Safety Code section 17958.1, as amended from time to time and means a unit with a minimum floor area of one hundred fifty (150) square feet.

"Junior Accessory Dwelling Unit" or "JADU" shall have the same meaning as defined in State law and means a unit located entirely within an existing or proposed single-family residence that is no more than five hundred (500) square feet, includes an efficiency kitchen, and includes either its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family residence.

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

"Living area" shall have the same meaning as defined in State law and means the interior habitable area of a dwelling unit including basements and attics, but does not include a garage or an accessory structure.

"Multifamily dwelling" means a structure with two (2) or more attached dwellings on a single lot.

"Nonconforming zoning condition" shall have the same meaning as defined in State law and means a physical improvement on a property that does not conform with current zoning standards.

"Objective standards" shall have the same meaning as defined in State law and means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

"Passageway" shall have the same meaning as defined in State law and means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the ADU.

"Proposed dwelling" shall have the same meaning as defined in State law and includes a dwelling that is the subject of a permit application that meets the requirements for permitting.

"Public transit" shall have the same meaning as defined in State law and means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and/or other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

"Tandem parking" shall have the same meaning as defined in State law and means two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one (1) another.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 2025-1188, § 2(Exh. A), 3-11-2025)

(a)

ADU Permit. Unless exempt from an ADU Permit pursuant to Section 10-6.103(c) of this chapter, an ADU must receive an ADU permit in compliance with the standards and requirements set forth in this chapter.

(b)

ADUs are permitted on single- and multifamily zoned lots, and JADUs are permitted in single-family zoned lots.

(c)

Exemptions from ADU Permit. The Town shall ministerially approve a building permit application for an ADU and/or JADU, and no ADU permit shall be required to create any of the following. Projects exempt from an ADU permit under this section shall remain subject to other applicable construction-related permit requirements including but not limited to building and grading permits, and all applicable fire code requirements.

(1)

Interior on Single-Family Lot. One ADU and/or one JADU if the unit(s) is:

a.

Within the proposed or existing space of a single-family dwelling or an existing accessory structure, plus an additional one hundred (150) square feet if required to accommodate ingress and egress;

b.

Has exterior access from the proposed or existing single-family dwelling; and

c.

Has side and rear yard setbacks sufficient for fire safety as determined by the Ross Valley Fire Department.

d.

If a JADU, the unit complies with the requirements of California State law.

(2)

Detached on Single-Family Lot. One (1) newly constructed detached ADU that is up to eight hundred (800) square feet of floor area, with minimum four (4') foot side and rear yard setbacks, in compliance with the height limitations as provided in Section 10-6.301(b) of this chapter, on a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU located on the same lot.

(3)

ADUs on Interior of Multifamily Dwelling. Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least one (1) ADU within an existing or proposed multifamily dwelling and up to twenty-five (25%) percent of the number of existing permitted multifamily dwelling units rounded down to the nearest whole number shall be allowed.

(4)

Detached ADUs on Multifamily Lot.

a.

(ii)

Multiple ADUs, not to exceed the number specified in clause (ii) or (iii) herein as applicable, located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling in compliance with the height limitations as provided in Section 10-6.301(b) of this chapter, and side and rear yard setbacks of no more than four (4) feet.

(ii)

On a lot with an existing multifamily dwelling, not more than eight (8) detached ADUs. However, the number of ADUs allowable pursuant to this clause shall not exceed the number of existing units on the lot.

(iii)

On a lot with a proposed multifamily dwelling, not more than two (2) detached ADUs.

b.

If the existing multifamily dwelling has a rear or side yard setback of less than four (4) feet, no modification to the existing multifamily dwelling shall be required as a condition of approving the ADU application if the ADU satisfies the requirements of this subparagraph.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 2025-1188, § 2(Exh. A), 3-11-2025)

Article 2. - Procedures and General Requirements

The following requirements apply to all ADUs and JADUs applications:

(a)

Application and Review. An application for an ADU permit shall contain such information as reasonably requested by the Town Planning and Building Departments accompanied by the appropriate fee. In addition to the ADU permit, the applicant shall obtain all other required permits including but not limited to a building permit or a grading permit.

(b)

Ministerial Review. A permit application for an ADU and/or a JADU shall be considered and approved ministerially without discretionary review or a public hearing. The decision shall not be subject to an administrative appeal.

(c)

Review Timing and Contents. The Town shall approve or deny the application to create an ADU or JADU within sixty (60) days from the date of receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the Town may delay approving or denying the application for the ADU and/or the JADU until the Town approves or denies on the permit application to create the new single-family dwelling; but the application to create the ADU or JADU must be considered without discretionary review or hearing. If the applicant requests a delay, the sixty (60) day time period shall be tolled for the period of the delay. If the Town has not approved or denied the completed application within sixty (60) days, the application shall be deemed approved. If an application for an ADU or JADU is denied, the Town shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 2025-1188, § 2(Exh. A), 3-11-2025

Unless otherwise provided for in this chapter, the following requirements apply to all ADUs and JADUs that are approved with either an ADU permit pursuant to Section 10-6.103(a) of this chapter or exempt from an ADU permit pursuant to Section 10-6.103(c) of this chapter.

(a)

Number of Units and Zoning District. One (1) ADU is allowed on any parcel in a single-family residential or multifamily zoning district with a primary dwelling unit unless otherwise prohibited by local or State law.

(b)

Owner Occupancy.

(1)

All ADUs permitted before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was created.

(2)

An ADU permitted on or after January 1, 2020 is not subject to any owner-occupancy requirement.

(3)

All JADUs require owner occupancy as a place of permanent residence. The owner may reside in the primary dwelling or the JADU.

(c)

Development Standards.

(1)

A two-story Attached ADU is not allowed where the primary dwelling unit is only one (1) story.

(2)

At least fifty (50%) percent of the common wall of the Attached ADU shall be attached to the primary dwelling unit.

(d)

No Separate Conveyance. No ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot), except as otherwise provided in Government Code section 66341.

(e)

No Short Term Rental. An ADU or a JADU shall not be rented for less than thirty (30) consecutive days, except as otherwise provided for in this chapter.

(f)

Density. ADUs and JADUs shall not be considered to exceed the allowable density for the lot upon which the unit is located, and are a residential use consistent with the Town's General Plan and zoning designation for the lot.

(g)

Fees and Utility Connections.

(1)

Impact Fees. No impact fee is allowed for an ADU that is less than seven hundred fifty (750) square feet. For purposes of this subparagraph "impact fee" means a "fee" under California Government Code section 6600(b), except that it also includes fees specified in Government Code section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. Any impact fee required for an ADU that is seven hundred fifty (750) square feet or larger must be charged proportionately in relation to the square footage of the primary dwelling unit.

(2)

Utility Connections and Fees.

a.

An ADU shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU unit was constructed with a new single-family dwelling. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

b.

For a unit described in Section 10-6.103(c) of this chapter, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the ADU and the utility, or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family dwelling.

c.

For a unit not described in Section 10-6.103(c) of this chapter a local agency, special district, or water corporation may require a new or separate utility connection directly between the ADU and the utility. Consistent with California Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

(h)

Adequate Services. Proof of the proposed method of water supply and sewage disposal, as well as service availability from any associated electric and gas provider for the lot, must be provided and confirmed by letters of service availability from the appropriate utility service providers for the lot. The property must have existing or future legal access to these utilities.

(i)

Building and Safety; Nonconformities.

(1)

All ADUs and JADUs shall comply with all applicable building, fire, safety, and environmental regulations including Title 9 Building Regulations, Title 6, Chapter, 8, Urban Runoff Pollution Prevention and Title 7, Chapter 12, Watercourses unless otherwise provided for in this chapter or as required by State law.

(2)

An ADU must comply with local building code requirements that apply to detached dwellings, except that the construction of an ADU shall not constitute a Group R occupancy change under the Town's Building Code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Town's Public Works and Building Director makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection shall be interpreted to prevent the Town from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

(3)

The Town shall not require the correction of nonconforming zoning conditions as a condition of approval for an ADU or JADU.

(4)

The Town shall not deny an application to create an ADU or JADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the unit.

(j)

No Passageways. No passageway shall be required in conjunction with the construction of an ADU or JADU.

(k)

Fire Sprinklers. The installation of fire sprinklers shall not be required in an ADU if sprinklers are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in an existing primary dwelling or an existing multifamily dwelling, as applicable.

(l)

Unpermitted Accessory Dwelling Units.

(1)

Notwithstanding any other law, and except as otherwise provided in subdivision in subdivision (2) below, the Town shall not deny an application for an unpermitted ADU that was constructed before January 1, 2020, due to either of the following:

a.

The ADU is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

b.

The ADU does not comply with State law or any local ordinance regulating ADUs.

(2)

Notwithstanding subdivision (1), the Town may deny an application for an ADU subject to subdivision (1) if the Town makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

(3)

The section shall not apply to a building that is deemed substandard pursuant to Health and Safety Code section 17920.3.

(m)

Detached Garage Demolition. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an ADU, unless the property is located within an architecturally and historically significant historic district.

(n)

Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction shall be recorded against the title of the property in the Marin County Recorder's office subject to the approval of the Town Attorney as to form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:

(1)

Except as otherwise provided in California Government Code section 66341, the JADU may not be sold separately from the primary dwelling.

(2)

The JADU is restricted to the maximum approved size and to other attributes allowed by this chapter.

(3)

The deed restriction runs with the land and may be enforced against future property owners.

(o)

Short Term Rental. The ADU and/or JADU may be occupied by or rented to a separate household living independently from the occupant(s) of the primary residence; provided, that the terms for separate

occupancy of the accessory unit and/or primary unit shall be longer than thirty (30) days.

(p)

Flood Regulations. An attached or detached ADU located in a designated floodplain shall comply with all applicable floodplain requirements in San Anselmo Municipal Code Title 7, Chapter 11. For sites within a Flood Hazard Area on the adopted Federal Emergency Management Agency Flood Insurance Rate Map, the finished floor of an ADU shall be elevated at least one (1) foot above the Base Flood Elevation as "new construction" under Title 7, Chapter 11, Protection of Flood Hazard Areas, even if the project would not be considered a "substantial improvement." The applicant shall submit an Elevation Certificate based on construction drawings with the building permit plans and a final Elevation Certificate shall be required prior to project final.

(q)

Urban Lot Splits and Two-Unit Housing Development. Pursuant to the authority granted in Government Code section 65852.21(f) no ADU or JADU shall be permitted on any lot in a single-family zoning district if: 1) an urban lot split has been approved pursuant to Government Code section 66411.7; and 2) a two-unit housing development has been approved for construction pursuant to Government Code section 65852.21.

(r)

Prior conditions not applicable. This chapter supersedes any Town conditions on existing ADUs that comply with this chapter, including owner occupancy or rent control, that were imposed as conditions of approval on ADUs that the Town approved prior to the effective date of this chapter if the conditions would not apply under current regulations. The Planning Director is authorized to void recorded deed restrictions for ADUs that comply with this chapter at the request of a property owner.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 1184, § 10, 1-9-2024; Ord. No. 2025-1188, § 2(Exh. A), 3-112025)

It shall be unlawful for any person to construct or maintain an ADU or JADU on property within the Town without compliance with this chapter. The maintenance, ownership, or use of any ADU or JADU unit except as permitted in this chapter shall constitute a nuisance, subject to abatement pursuant to the Municipal Code, or any other remedy allowed in the Municipal Code and State law. All remedies are cumulative.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 2025-1188, § 2(Exh. A), 3-11-2025)

Article 3. - Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development Standards and Requirements, Objective Standards, Parking, and Exception

Unless exempt from an ADU permit pursuant to Section 10-6.103(c) of this chapter, an ADU must comply with the following objective development standards to receive an ADU permit.

(a)

Zoning Conformance. An ADU shall meet the development standards of the zoning district in which it is located except as modified by this section.

(b)

Height. Unless otherwise provided for in this chapter, an attached or detached ADU must comply with the following height requirements.

(1)

A maximum height of sixteen (16) feet for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit.

(2)

A maximum height of eighteen (18) feet for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code section 21155 of the Public Resources Code, as may be amended from time to time. The Town shall also allow an additional two (2) feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

(3)

A maximum height of eighteen (18) feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling.

(4)

A maximum height of twenty-five (25) feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. An ADU under this section may not exceed two (2) stories.

(c)

Lot Size. There shall be no minimum lot size required for an ADU.

(d)

Lot Coverage and Floor Area Ratio. The ADU shall comply with the lot coverage and floor area ratio requirements of the underlying zoning district unless otherwise required by this chapter.

(e)

Setbacks.

(1)

No setbacks shall be required for the following:

(A)

An existing living area that is converted to an ADU or a portion thereof;

(B)

An existing accessory structure that is converted to an ADU or a portion thereof; or

(C)

A structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion thereof.

(2)

A setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

(f)

Size. ADUs shall be subject to all of the following requirements related to size.

(1)

Except as provided in subsection (2) below, ADUs shall be limited to the following maximum sizes:

(2)

ADUs may exceed the maximum unit sizes provided in subsection (1) above following approval through the discretionary design review process as set forth in the San Anselmo Municipal Code Title 10, Chapter 3, Article 15 Design Review. In no case shall an ADU exceed one thousand two hundred (1,200) square feet of gross floor area.

(3)

The gross floor area of attached or interior ADUs shall not exceed fifty (50%) percent of the existing living area (as defined in California Government Code Section 66313, as amended from time to time) of the primary residence. Notwithstanding the prior sentence, an attached or interior ADU may contain at least the maximum size set forth in Section 10-6.301(f)(1).

(g)

Separate Entry, Kitchen and Bathroom. All ADUs shall contain a separate entrance, kitchen, and bathroom independent of the primary residence.

(h)

Exception. The Town shall not impose any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an ADU, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an eight hundred (800) square ADU with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 2025-1188, § 2(Exh. A), 3-11-2025)

Unless exempt from an ADU permit pursuant to Section 10-6.103(c) of this chapter, all ADUs must comply with the following objective standards to receive an ADU permit. Where an application does not meet the objective design standards set forth herein, the application may undergo the standard discretionary design review process as set forth in the San Anselmo Municipal Code Title 10, Chapter 3, Article 15 Design Review.

(a)

Building Design. The materials and colors of the ADU's exterior walls, roof, windows, and doors shall be of a complimentary material, color, and style the primary dwelling, including roof, eaves, windows, accents, and doors.

(b)

Landscape Design. Landscaping shall be provided around the ADU, and its location shall ensure defensible space. Fire-resistant and low-water-use plants shall be included in the landscape design. Landscaping shall be included to screen mechanical and structural elements of the ADU, including, but not limited to, foundations, retaining walls, condensers, and transformers.

(c)

Entrance. The entrance to the ADU shall face towards the interior of the lot and/or away from neighboring development, unless the ADU is directly accessible from an alley, public path, or public street.

(d)

Windows and Doors. Windows in an ADU that is located less than ten (10) feet from a rear or side property line shall be clerestory windows or use frosted or obscure glass. Any new door that faces an adjoining residential property located less than ten (10) feet from a rear or side property line shall either not include windows, or all windows must be made of opaque glass.

(e)

Exterior Lighting. All exterior lighting shall be low wattage, shielded, and directed downward.

(f)

Skylights. Where visible from off-site locations, skylights shall not have white or light opaque colored exterior lenses.

(g)

Historical. An ADU that includes exterior alterations or additions to a property that is listed in the California Register of Historic Places or on a local historical register shall not be approved if it may cause an adverse impact to the historical significance of the property. There shall be no design exception to this requirement.

(h)

Heritage Trees. No heritage tree (as defined in Title 4, Chapter 13 of the San Anselmo Municipal Code) shall be removed in conjunction with the construction of an ADU until a building permit has been issued for the ADU.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 2025-1188, § 2(Exh. A), 3-11-2025)

(a)

One (1) parking space is required per ADU unless otherwise provided for in this chapter.

(b)

Parking may be provided through tandem parking on an existing driveway.

(c)

Off-street parking to satisfy parking requirements shall be permitted in setback areas in locations determined by the Town unless specific findings are made that parking in setback areas is not feasible based on specific site, regional, topographical, or fire and life safety conditions, which conditions shall include but are not limited to circumstances where parking would impede reasonable emergency and fire access.

(d)

When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, it is not required that those off-street parking spaces be replaced.

(e)

Parking Exemptions. An ADU shall be exempt from the parking requirement of this section if the unit is:

(1)

Located within one-half mile walking distance of a public transit stop.

(2)

Located within an historic district, as may be designated by the Town Council from time to time;

(3)

The ADU is part of the proposed or existing primary residence or an accessory structure;

(4)

When on-street parking permits are required but not offered to the occupant of the ADU;

(5)

When there is a designated car share vehicle pick up or drop off location (as defined by the California Vehicle Code) located within one (1) block of the ADU;

(6)

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this paragraph; or

(7)

The unit is an attached or detached ADU that is up to eight hundred (800) square feet of floor area, with minimum four (4) foot side and rear yard setbacks, in compliance with the height limitations as provided in section 10-6.301(b) of this chapter, on a lot with a proposed or existing single-family dwelling.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 2025-1188, § 2(Exh. A), 3-11-2025)

Unless otherwise provided for in this chapter, JADUs are subject to the following objective standards:

(a)

Location and Number. A JADU shall be located within an existing or proposed single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. A JADU is not permitted in a detached accessory structure. One (1) JADU is allowed per lot. If there are multiple detached single-family residential units on One (1) lot, only One (1) JADU is allowed.

(b)

Unit Size. No JADU unit shall be less than one hundred fifty (150) feet or more than five hundred (500) square feet in size. The square footage of any shared sanitation facilities with the primary dwelling unit shall not be included in the square footage calculation.

(c)

Access. The JADU unit shall have a separate exterior entrance from the primary dwelling unit.

(d)

Interior Connection and Bathroom Facilities. A JADU unit may include separate bathroom facilities, or it may share such facilities with the primary dwelling unit. If a permitted JADU does not include a separate bathroom, the JADU unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. Unless sharing bathroom facilities with the primary dwelling unit, a JADU is not required to have an interior connection to the primary dwelling.

(e)

Kitchen Facilities. The JADU shall include an efficiency kitchen, which shall include a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

(f)

Parking. No parking is required for a JADU.

(g)

Entryways. A JADU must include a separate entrance from the main entrance to the proposed or existing single-family residence.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 2025-1188, § 2(Exh. A), 3-11-2025)

If an ADU application does not otherwise meet the requirements in this chapter, an applicant may request exceptions to this chapter and receive ADU approval by applying for a conditional use permit (CUP). Any exceptions approved pursuant to this section must also comply with all objective design review standards as set forth in Section 10-6.302, if applicable, and shall be reviewed through the standard CUP process. Any detached ADU approved herein shall not exceed one thousand two hundred (1,200) square feet.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 2025-1188, § 2(Exh. A), 3-11-2025)

Article 4. - Requirements to Eliminate ADU

It is the Town's intent to preserve ADUs and discourage the conversion of ADUs for the use of the primary dwelling. To this end, the following are requirements that apply when taking actions that remove elements of an ADU.

(a)

A building permit shall be required to remove the separate entrance or permanent provisions for eating, cooking, and sanitation in an ADU.

(b)

No building permit shall be issued to remove permanent provisions for eating, cooking, and sanitation or the separate entrance for an ADU created by converting or demolishing a garage, carport, or covered parking structure in conjunction with the construction of an a ADU unless either: 1) the project includes restoring the garage for vehicle parking prior to the first inspection on the permit; or 2) 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.

(c)

No building permit shall be issued to remove permanent provisions for eating, cooking, and sanitation or the separate entrance for an ADU created with an exception to lot coverage and/or floor area ratio unless the project removes the additional lot coverage and/or floor area granted for the ADU prior to issuance of the permit or a variance is approved.

(d)

No building permit shall be issued to remove permanent provisions for eating, cooking, and sanitation or the separate entrance for an ADU created with side or rear yard setbacks that are less than required under applicable development standards unless the project includes removing the area for the ADU where the setback or a variance was approved.

(Ord. No. 1172, § 3, 12-13-2022; Ord. No. 2025-1188, § 2(Exh. A), 3-11-2025)

Chapter 7 - CONDOMINIUM CONVERSIONS

Sections:

(a)

The Council finds condominiums and the like to be different from apartments and like structures and intends to treat such projects differently by adopting conversion regulations for the protection of the community, displaced tenants, and purchasers.

(b)

The provisions of this chapter are enacted to insure that proposed conversions are approved consistent with the policies and objectives of the Town, particularly the following:

(1)

To make adequate provision for the housing needs of all economic segments of the community;

(2)

To facilitate inhabitant ownership of residential units; and

(3)

To provide a reasonable balance of rental and ownership housing.

(§ 1, Ord. 783, eff. May 8, 1980)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

"Association" shall mean the organization of persons or entity which owns a unit or units in a condominium project or right of exclusive occupancy in a community apartment or stock cooperative, and every such owner shall be a member of the association.

(b)

"Common area" shall mean an entire condominium project, excepting all units therein.

(c)

"Community apartment project" shall mean a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

(d)

"Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a building on such real property, such as a residence, apartment, or apartment house. A condominium may include, in addition, a separate interest in other portions of such real property and is more particularly defined in Section 783 of the Civil Code of the State.

(e)

"Condominium conversion project" shall mean the ownership parcel of existing improved real property, including, but not limited to, a structure containing two (2) or more dwelling units, into a form of ownership for residential purposes involving the right of exclusive occupancy or separate ownership of individual units, including, but not limited to, condominiums, community apartments, stock cooperatives, or planned unit developments, referred to in this chapter as a project.

(f)

"Developer" shall mean the owner or subdivider with a controlling proprietary interest in the proposed condominium project.

(g)

"Organizational documents" shall mean the Declaration of Covenants, Conditions, and Restrictions; Articles of Incorporation; Bylaws; and any contracts for the maintenance, management, or operation of all or any part of the project.

(h)

"Project" shall mean and refer to a condominium conversion project.

(i)

"Planned development" shall essentially consist of separate lots and common areas or reciprocal interests or restrictions upon separately owned lots and is more particularly defined in Section 11003 and Section 11003.1 of the Business and Professions Code of the State and subsequent amendments thereto.

(j)

"Recreational open space" shall mean an undivided interest in common in open space on the project (exclusive of the required front setback area and any area fenced for the use of an individual unit) which open space shall be used exclusively for leisure and recreational purposes for the use and enjoyment of the occupants, and their visitors, of units on the project and to which such occupants and their visitors shall have the right of use and enjoyment. Accessory structures, such as swimming pools, recreational buildings, and landscaped areas, are examples of uses of recreational open space.

(k)

"Stock cooperative" shall mean a corporation formed for the purpose of holding title to improved real property with shareholders receiving the right of exclusive occupancy in a portion of the real property and is more particularly defined in Section 11003.2 of the Business and Professions Code of the State.

(l)

"Tenant" shall mean a person who rents, leases, or subleases, through either a written or oral agreement, real property from another.

(m)

"Unit," before a condominium conversion, shall mean any one rental unit in the project. After a condominium conversion, "unit" shall mean the element of a condominium conversion project which is not owned in common with the other owners of the project, or an apartment in a community apartment project or stock cooperative to which an owner of an undivided interest in common in a community apartment project has a right of exclusive occupancy.

(§ 1, Ord. 783, eff. May 8, 1980)

No condominium conversion project shall be permitted in the Town unless and until a use permit has been applied for and issued pursuant to and in accordance with the provisions of Article 20 of Chapter 3 of this title.

(§ 1, Ord. 783, eff. May 8, 1980)

In addition to such other application requirements as the Planning Commission may deem necessary, no application for a project shall be accepted for any purpose unless the application includes, but is not limited to, the following:

(a)

Sufficient copies of plans illustrating the following details shown to scale:

(1)

Site plans illustrating the locations of buildings, parking areas, circulation systems, recreational facilities, open space, patios, and the like;

(2)

Floor plans for each unit type;

(3)

Fully dimensional elevation plans of the structures, showing the architectural features and types and materials for construction;

(4)

Landscaping and irrigation plans illustrating the existing system and any proposed modifications and a statement specifying the manner by which the landscaping areas shall be maintained;

(5)

The location, height, and type of materials for exterior walls or fences;

(6)

The location, structural sections, and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, curb cuts, and storage areas;

(7)

The location and description of all recreational facilities and a statement specifying the method of the maintenance thereof;

(8)

The location, size, and number of parking spaces to be used in conjunction with each condominium unit for residents and guests;

(9)

The location, type, and size of all drainage pipes and structures; and

(10)

The location, type, and size of all on-site and adjacent overhead and underground utility lines;

(b)

Sufficient copies of the proposed Conditions, Covenants, and Restrictions which will apply to the proposed development which shall include:

(1)

Provisions, subject to the approval of the Planning Director, for the maintenance of the common areas and the exteriors of all structures and walls of any such project;

(2)

A statement that the Town has the right, but not the duty, to enforce the Conditions, Covenants, and Restrictions (CC&R's) in the event of default in the maintenance of such areas by individual owners of the units, including a provision that attorneys' fees and costs incurred thereby shall be reimbursed to the Town;

(3)

Provisions establishing each individual unit owner's exclusive right to the use of designated parking space for each unit;

(4)

A statement that compliance with the Town's tree removal provisions set forth in Chapter 13 of Title 4 of this Code is required; and

(5)

The covenants required of the developer as provided in Section 10-7.07 of this chapter;

(c)

A list, prepared under penalty of perjury by the developer, including the names and addresses of all tenants residing in the project proposed to be converted to condominiums at the time the application is filed, including, but not limited to, the commencement and expiration dates of the leases of said tenants and the total number of project occupants;

(d)

Sales information, including the anticipated range of sales prices of individual dwelling units based on information known at the time of the application; the anticipated terms of sales to existing tenants; and a statement as to whether sales will be permitted to families with minor children;

(e)

A building elements report describing in detail the condition and useful life of all existing buildings and structures, including, but not limited to, the electrical, plumbing, and structural elements of all existing buildings and structures. Such report shall be prepared by a registered civil or structural engineer, licensed contractor, or a licensed architect for the applicable portion of the report;

(f)

A descriptive report containing acoustical test data which indicates the noise attenuation characteristics of existing party walls, floors, and ceilings, including, but not limited to, a sampling of at least ten (10%) percent of the dwelling units involved, but in no case fewer than two (2) dwelling units. Such report shall be compiled by a qualified person experienced in the field of acoustical testing and engineering as determined by the Planning Director. The report shall provide a comparative analysis of the test data as it relates to State and local noise attenuation requirements; and

(g)

Additional information as determined necessary by the Planning Director.

(§ 1, Ord. 783, eff. May 8, 1980)

Written notices shall be posted by the Planning Department in a conspicuous location on the site of the proposed condominium conversion and shall be mailed by the Planning Department by first-class prepaid postage to all tenants residing in the proposed condominium conversion project not less than ten (10) days prior to any hearing by the Planning Commission or the Council concerning the project. Such notices shall provide, at least, the following:

(a)

The date, time, place, and purpose of the hearing;

(b)

That should the use permit for the conversion project be approved, the property owner may require the tenants to vacate the premises;

(c)

That should the use permit for the conversion project be approved, the developer shall give all tenants the notification required by subsections (10) and (11) of subsection (b) of Section 10-7.06 of this chapter; and

(d)

That all information and reports furnished to or by the Planning Department pursuant to this chapter shall be on file for public inspection during reasonable business hours in the Planning Department and the San Anselmo Public Library.

(§ 1, Ord. 783, eff. May 8, 1980)

(a)

The Planning Commission shall first consider information regarding the percentage of housing available for rental within the Town. A proportion of multifamily rental units (exclusive of second units) below twenty-five (25%) percent of the total number of housing units in the Town shall constitute a housing emergency and shall preclude any processing of applications for conversions of apartment buildings. The proportion of housing available for rental shall be calculated annually by the Planning Department which may be supplemented by a report by a qualified marketing survey research firm submitted by an applicant for review by the staff and the Planning Commission.

(b)

The Planning Commission may approve use permits for condominium conversion projects subject to, but not limited to, the following conditions:

(1)

Off-street parking shall be provided in compliance with the parking requirements for the use prior to conversion.

(2)

An outdoor private area shall be provided contiguous with each residential ground level unit.

(3)

Recreational facilities or recreational open space shall be reviewed for its adequacy for the development.

(4)

All permanent mechanical equipment, excluding domestic appliances, which is determined by the Building Inspector to be a potential source of vibration or noise, shall be installed or modified as approved by the Building Inspector to lessen the transmission of vibration and noise.

(5)

(i)

A shut-off valve for each utility shall be provided for each unit if deemed practical by the Building Inspector.

(ii)

The consumption of gas, electricity, and cable television within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility, except that, upon a determination by the Building Inspector that such separate metering valve would not be practicable at the time of the use permit approval, the Building Inspector may approve an equivalent alternative metering system.

(iii)

Sanitation facilities shall be converted subject to the requirements of the Uniform Building Code. The association (as defined in subsection (a) of Section 10-7.02 of this chapter) shall be responsible for the maintenance of the private sewer system from the junction with the public sewer system to and throughout all buildings and structures comprising the conversion project.

(6)

All systems of the structures, including, but not limited to, structural, electrical, plumbing, mechanical, fire, and life safety, shall comply with all applicable statutes, laws, rules, and regulations.

(7)

Each dwelling unit shall have a separate hot water heater, unless there is one central circulating water heating system serving all dwelling units on the property, which system shall provide sufficient capacity to serve all dwelling units. The Building Inspector shall determine that such heating system is adequate.

(8)

Each unit shall be separated from adjacent units by two (2) one-hour fire walls or an approved automatic fire sprinkler system approved by the Fire Department. Alternate methods which achieve a two-hour equivalency rating may be considered if approved by the Fire Department.

(9)

All dwelling units shall comply with the current statutes, laws, Codes, rules, and regulations for energy conservation, sound transmission control, and fire detection systems which apply to new residential construction, except that the Building Inspector may approve an alternative material, method, or work offered is at least equivalent to that prescribed by the applicable statutes, laws, Codes, rules, and regulations in quality, strength, effectiveness, fire resistance, durability, and safety.

(10)

The developer shall mail written notice to all tenants residing in the project within fifteen (15) days after the approval of any condominium conversion project. Such notice shall state all of the conditions of approval of the use permit for the condominium conversion project.

(11)

In accordance with Section 66427.1 of the Government Code of the State and any subsequent amendments thereto, the developer shall give all tenants of the proposed condominium conversion project at least 120 days' advance written notice, including but not limited to, the following:

(i)

Termination of their tenancy due to conversion;

(ii)

The exclusive right of first refusal to purchase a unit at the time such units are offered to the general public and upon at least as favorable terms and conditions as such units are first offered to the general public;

and

(iii)

Lease offerings as set forth in subsections (13) and (14) of this subsection.

(12)

All projects involving site or exterior changes shall receive design review approval by the Planning Commission. Such review shall focus on, but not be limited to, the upgrading of the project, functional design of the site, adequacy of the landscaping, color scheme, materials, and other issues deemed appropriate.

(13)

Each current tenant shall be offered an eighteen (18) month lease at the rental rate in effect for his unit twelve (12) months prior to the date of conversion, plus not to exceed the percentage increase over said twelve (12) months in the residential rent component of the San Francisco/Bay Area All Urban Consumer Price Index.

(14)

Each current tenant who is sixty (60) years of age or older or who is handicapped shall be offered a five (5) year lease, for the first year at the rental rate in effect for his unit twelve (12) months prior to the date of conversion, plus not to exceed the percentage increase over said twelve (12) months in the residential rent component of the San Francisco/Bay Area All Urban Consumer Price Index. For the second through the fifth years, the rental rate may be increased by not more than the annual percentage increase in the residential rent component of the San Francisco/Bay Area All Urban Consumer Price Index.

(§ 1, Ord. 783, eff. May 8, 1980)

(a)

Notwithstanding the provisions of subsection (a) of Section 10-7.06 of this chapter, an application may be processed if the proportion of multifamily rental units (exclusive of second units) is above twenty (20%) percent of the total number of housing units in the Town and if all the following conditions are met:

(1)

In addition to the requirements of Section 10-7.04 of this chapter, the application includes covenants by the developer to all current tenants in accordance with subsection (3) of this subsection;

(2)

Three-fourths (¾) or more of the current tenants of the rental units by a written instrument approve and accept such covenants, with only one such written instrument per unit;

(3)

The covenants by the developer shall include all of the following:

(i)

To each tenant household a right of first refusal to purchase a unit at a price and under the terms and conditions set forth in the application, including, for each unit or type of unit, the selling price, minimum down payment, closing or other incidental costs, if any, terms of financing the balance (including the rate of interest, maximum term of the mortgage, monthly cost of the principal and interest, and provisions for prepayment and refinancing), estimated property taxes for the next succeeding full tax year, and monthly maintenance charges for the first year (subject to change thereafter only by majority vote of the owner's association); and

(ii)

To each tenant household, which within a reasonable stated time does not exercise its preemptive right, a right to continued tenancy for a minimum period of five (5) years at a rental rate not to exceed that in effect for the unit twelve (12) months prior to the date of conversion increased by no more than the annual percentage change in the residential rent component of the San Francisco/Bay Area All Urban Consumer Price Index; and

(4)

The use permit is subject to the finding by the Planning Commission that the public interest is better served by such conversion.

(b)

An application processed under this section shall be subject to the conditions set forth in subsections (1) through (12) of subsection (b) of Section 10-7.06 of this chapter.

(c)

The covenants required by this section shall be incorporated in Conditions, Covenants, and Restrictions (CC&R's), which CC&R's the Town has the right, but not the duty, to enforce, including the recovery of attorneys' fees and court costs.

(§ 1, Ord. 783, eff. May 8, 1980)