Article 6 — Signs on Residential Uses

Legal residential uses may erect, maintain and display signs as described in this article. Unless otherwise stated, the signs described in this article are not subject to a permit, but still must conform to the rules stated in this article.

(Ord. 1053, eff. January 12, 2007)

On legal, detached, single-family residential uses, each dwelling unit may display, at all times and in all zones, a total of eight (8) square feet of sign face, subject to:

(a)

Number of sign faces: not limited; maximum size of any one (1) sign face: eight (8) square feet; maximum height of any freestanding sign: eleven (11′) feet; illumination: not allowed; mounting methods: wall, window, door, fence, or freestanding;

(b)

Acceptable message types: noncommercial, signs described in Civil Code 713 (temporary real estate signs), home occupation, garage sale, and nameplate as follows:

(1)

Nameplates (which may include address) may not be higher than eighteen (18″) inches,

(2)

Home occupation signs are subject to: maximum size of display face: two (2) square feet; maximum number of display faces: one (1); mounting method: attached flat to the residence or garage, or window; illumination: not allowed,

(3)

Garage sale signs are subject to: time of display - day of event only, sunrise until sale closes, but not later than sunset; maximum size per sign (measured one (1) side only): two (2) square feet; maximum display area of all signs: eight (8) square feet; total number of signs (on-site plus off-site): five (5),

(4)

Temporary real estate signs as described in Civil Code 713 are subject to: maximum number: one (1) per parcel; maximum display face area (measured one (1) side only): three (3) square feet; illumination - not allowed; display time: when the subject property is on the market, and up to ten (10) calendar days thereafter;

(c)

When located on property other than that advertised:

(1)

Signs giving directions to the subject property may be displayed while the property is on the market, subject to: three (3) square feet; maximum height: five (5′) feet above existing grade; illumination: prohibited; physical types: attached or freestanding. This provision does not authorize the placement of real estate directional signs on Town property or in the public right-of-way. Unless authorized in Chapter 10, real estate directional signs may not be placed on public property;

(d)

Pre-election period. During the time period which begins forty-five (45) days before and ends five (5) days after a special, general, or primary election, the total display area for noncommercial messages on temporary structures may be increased to eighteen (18) square feet. Such signs may be displayed only with the consent of the owner or legal occupant, may not project above the roofline of any building on the same parcel, and may be posted on walls or fences or windows, but not on trees or other plants;

(e)

Flags are not included within the limits of subsections (a) through (c) of this section. Flags are subject to: number of freestanding poles per parcel: one (1); maximum height of freestanding flag pole: not exceeding the roofline of the residential structure; number of flags per freestanding pole: not limited; total display area of all flags (measured one (1) side each): 100 square feet; image types: no commercial images on flags on residential uses.

(a) through (c) of this section. Flags are subject to: number of freestanding poles per parcel: one (1); maximum height of freestanding flag pole: not exceeding the roofline of the residential structure; number of flags per freestanding pole: not limited; total display area of all flags (measured one (1) side each): 100 square feet; image types: no commercial images on flags on residential uses.

(Ord. 1053, eff. January 12, 2007)

On legal, attached, multiple-family residential uses, at all times and in all zones, each individual dwelling unit may display signs, subject to:

(a)

Number of sign faces: not limited; maximum size of any one (1) sign face: eight (8) square feet; illumination: not allowed; mounting methods: wall, window, door, fence, or freestanding; freestanding signs are not allowed;

(b)

Acceptable message types: noncommercial, signs described in Civil Code 713 (temporary real estate signs), home occupation, and garage sale:

(1)

Home occupation signs are subject to: maximum size of display face: two (2) square feet; maximum number of display faces: one (1); mounting method: attached flat to the structure or placed inside a window; illumination: not allowed,

(2)

Nameplates (which may include address) may not be higher than eighteen (18″) inches,

(3)

Garage sale signs are subject to: time of display - day of event only, sunrise until sale closes, but not later than sunset; maximum size per sign (measured one (1) side only): two (2) square feet; maximum display area of all signs: eight (8) square feet; total number of signs (on-site plus off-site): five (5),

(4)

Temporary real estate signs as described in Civil Code 713 are subject to: maximum number: one (1) per parcel; maximum display face area (measured one (1) side only): three (3) square feet; illumination - not allowed; display time: when the subject property is on the market, and up to ten (10) calendar days thereafter;

(c)

When located on property other than that advertised:

(1)

Signs giving directions to the subject property may be displayed while the property is on the market, subject to: three (3) square feet; maximum height: five (5′) feet above existing grade; illumination: prohibited; physical types: attached or freestanding. This provision does not authorize the placement of real estate directional signs on Town property or in the public right-of-way. Unless authorized in Chapter 10, real estate directional signs may not be placed on public property;

(d)

Pre-election period. During the time period which begins forty-five (45) days before and ends five (5) days after a special, general, or primary election, the total display area for noncommercial messages on temporary structures may be increased to eighteen (18) square feet. Such signs may be displayed only with the consent of the owner or legal occupant, may not project above the roofline of any building on the same parcel, and may be posted on walls or fences or windows, but not on trees or other plants;

(e)

Nameplates and flags. Nameplates and flags are not included within the limits of subsections (a) through (c) of this section. Nameplates are subject to: maximum display face area, one (1) square foot; mounting type: wall, door, fence. Flags are subject to: number of flags per dwelling unit: not limited; total display area of all flags (measured one (1) side each): 100 square feet; image types: no commercial images on flags on residential uses.

(Ord. 1053, eff. January 12, 2007)

On legal, attached, multiple-family residential uses, at all times and in all zones, the management office of master unit may display signs, subject to:

(a)

If the office or master unit is used as a principal residence, then the sign display rights for the resident are the same as for other individual dwelling units, as stated in Section 10-9.603 of this chapter.

(b)

Master nameplate. In addition to the signs authorized by Section 10-9.603 of this chapter, the master unit or office may display one (1) additional sign, subject to: message types: nameplate, on-site commercial, Civil Code 713 (temporary real estate signs), noncommercial. Maximum area of display face: six (6) square feet; maximum number of display faces: two (2); maximum height: four (4′) feet; mounting types: freestanding or wall mounted; illumination: not allowed.

(Ord. 1053, eff. January 12, 2007)

Hotels, motels, bed and breakfast places, and other establishments offering transient occupancy, are treated as commercial uses, not residential uses.

(Ord. 1053, eff. January 12, 2007)

Article 7. - Permanent Signs on Nonresidential Uses

Legal nonresidential uses and establishments may erect, maintain and display permanent and principal signs as described in this chapter. Unless otherwise provided, all signs described in this chapter are subject to a sign permit. Rules for temporary signs are stated in Article 8 of this chapter. However, in the case of a newly opened, newly re-opened or "coming soon" establishment, temporary versions of the signs authorized by this article may be displayed without permit for a period not to exceed thirty (30) calendar days.

(Ord. 1053, eff. January 12, 2007)

Individual offices or suites within buildings housing multiple professional offices, may display signs, subject to: Maximum area of display face: one (1) square foot; number of display faces: one (1); mounting types: wall, window or door; message type: noncommercial or on-site commercial, or any combination thereof. Other than listing changes in tenant names, changeable copy is not allowed.

(Ord. 1053, eff. January 12, 2007)

The master suite or office of building housing individual professional offices or suites may erect, maintain and display signs subject to: Maximum area of display face: four (4) square feet plus one (1) square feet for each individual office or suite. Message types: noncommercial or on-site commercial, or any combination thereof. Physical types: freestanding or mounted on a wall, door or fence. Other than listing changes in tenant names, changeable copy is not allowed.

(Ord. 1053, eff. January 12, 2007)

Cemeteries, country clubs, stables and kennels and animal shelters, golf courses, riding academies, tennis courts and other uses oriented to activities which occur primarily outdoors may erect, maintain and display one (1) sign, subject to: Maximum area of display face: twelve (12) square feet; maximum number of display faces: one (1); structural type: freestanding, wall, door, fence.

(Ord. 1053, eff. January 12, 2007)

Establishments of an institutional nature, such as educational, religious, civic, noncommercial, hospitals, sanitariums, rest homes, etc., may erect, maintain and display one (1) sign, subject to: Maximum size of display face: twenty (20) square feet; maximum number of display faces: one (1); physical types: wall or freestanding. Acceptable message types: noncommercial or on-site commercial, or any combination thereof.

(Ord. 1053, eff. January 12, 2007)

Establishments which sell motor fuels to the public may display up to three (3) signs, subject to: Total display area of all signs: 100 square feet; physical types: mounted on buildings or walls; not more than one (1) sign may be freestanding, and the display face area on a freestanding sign may not exceed forty (40) square feet. Acceptable message types: noncommercial or on-site commercial, or any combination thereof. Logos and price/quantity indicators on fuel pumps do not count towards the total display face area. Signs at motor fuel dispensers shall comply with relevant State law.

(Ord. 1053, eff. January 12, 2007)

All ground-floor nonresidential establishments for which specific rules are not provided by other sections of this article may display signs, subject to:

(a)

Ground floor uses. Not more than two (2) signs per use, to be located on the primary building face, the total area of such signs not to exceed one (1) square foot for each lineal foot of the primary building face devoted to that use, up to a maximum total sign area of 100 square feet, except that:

(1)

If a single use extends from one (1) street, through a building, to another street opposite and generally parallel to the first, or if a use is conducted on a corner, each of the building faces fronting a street shall be considered a primary building face for the purposes of determining the area and location of the signs

permitted by such use, but the total area of permitted signs shall nevertheless not exceed 100 square feet per use;

(2)

A use shall be permitted two (2) signs, located on the primary building face, and having a total area not exceeding one and one-half (1½) square feet for each lineal foot of primary building face devoted to that use, up to a maximum of 150 square feet per use, if that use fronts on a street (or on two (2) or more adjacent parallel streets) having a total of four (4) or more lanes of traffic; and

(3)

Where the primary building face does not front on a public street, two (2) signs per use may be erected and maintained on the building face, if there is any, which does front on a public street, but the total square footage of each use's signs shall be no greater than would be permitted if the frontage devoted to that use were the primary building face.

(Ord. 1053, eff. January 12, 2007)

All establishments for which specific rules are not provided by other sections of this article may display signs, subject to:

(a)

Second floor and third floor uses different from ground floor uses. One (1) sign per use, except that the total number of signs on the second or third floor of any building, including any professional sign permitted by the provisions of Sections 10-9.702 and 10-9.703 of this article, shall not exceed one (1) sign for each ten (10) lineal feet of primary building face of the building. Each such sign shall be located on the primary building face, and no such sign shall have an area greater than one (1) square foot. The area of signs permitted for second and third floor uses shall be in addition to the area of signs permitted for first floor uses in the building.

(Ord. 1053, eff. January 12, 2007)

Shopping centers may erect and display signs listing information about tenants within the center, subject to: maximum area: twenty (20) square feet; maximum height: eleven (11′) feet; location: may be freestanding.

(Ord. 1053, eff. January 12, 2007)

Article 8. - Temporary, Moveable and Informational Signs, Nonresidential

On nonresidential uses, temporary and incidental signs may be erected, maintained and displayed according to this article. Unless otherwise stated, the signs described in this article may be displayed in addition to those described in Article 7 of this chapter, and are not subject to a permit.

(Ord. 1053, eff. January 12, 2007)

In addition to signs authorized by other articles and sections, and in addition to those signs allowed under the message substitution provision, all legal nonresidential uses may erect, maintain and display signs exclusively used for noncommercial messages. If the mounting device qualifies as a "structure" under the Building Code, then all relevant requirements of that and other safety codes must be satisfied. Total number of such signs: not limited.

(a)

Total display face area, at all times: four (4) square feet;

(b)

Pre-election period. During the time period which begins forty-five (45) days before and ends five (5) days after a special, general, or primary election, the total display area for noncommercial messages on temporary structures may be increased to eighteen (18) square feet, with no individual sign to exceed eight (8) square feet. Such signs may be displayed only with the consent of the owner or legal occupant, may not project above the roofline of any building on the same parcel, and may be posted on walls or fences or windows, but not on trees or other plants.

(Ord. 1053, eff. January 12, 2007)

Signs described in Civil Code 713 (real estate signs) may be erected, maintained and displayed on nonresidential uses, subject to:

(a)

When placed on the subject property. Maximum size: six (6) square feet (measured one (1) side only). Display time: when the subject property is on the market, and up to ten (10) calendar days thereafter.

(b)

When located on property other than that advertised.

(1)

Signs giving directions to the subject property may be displayed while the property is on the market, subject to: three (3) square feet; maximum height: five (5′) feet above existing grade; illumination: prohibited; physical types: attached or freestanding. This provision does not authorize the placement of real estate directional signs on Town property or in the public right-of-way. Unless authorized in Chapter 10, real estate directional signs may not be placed on public property.

(Ord. 1053, eff. January 12, 2007)

Nonresidential uses may display flags with noncommercial images or on-site commercial images, subject to: Maximum number of poles per parcel: one (1); maximum height of any freestanding pole: not exceeding the roofline of the principal building on the same parcel, or the height limit for the zone, whichever is less; maximum number of flags: five (5); maximum size of any one (1) flag: twenty-four (24) square feet; total area (measured one (1) side) of all flags on a given parcel or use: 100 square feet; mounting: directly or on shafts attached to a wall, door, window or fence, or on a freestanding pole.

(Ord. 1053, eff. January 12, 2007)

In addition to the signs otherwise allowed, all nonresidential uses may display address numbers not greater than eighteen (18″) inches in height.

(Ord. 1053, eff. January 12, 2007)

Signs identifying neighborhoods may be displayed on private property, subject to: maximum height: five (5′) feet; maximum display face area: six (6) square feet.

(Ord. 1053, eff. January 12, 2007)

Signs displaying consumer information, such as hours of operation, help wanted, credit cards honored, association affiliations, vacancy, restrooms, danger warnings, hours of operation, open/closed, etc., may be displayed on nonresidential uses, subject to: maximum total display area of all such signs: four (4) square feet; location: flush on the building face or on a door or window. Such signs do not count towards the total amount of display area otherwise allowed. Permits are not required for such signs.

(Ord. 1053, eff. January 12, 2007)

Signs displaying information which is authorized or required by law or regulation, other than this chapter, may be displayed according to the authorizing law, and do not count towards the otherwise applicable limits of total sign area.

(Ord. 1053, eff. January 12, 2007)

Signs on vehicles and vessels, which are not excluded from the definition of sign, are authorized, subject to: the message must pertain to the business or establishment of which the vehicle or vessel is a part or tool, not including general advertising; such message may not utilize changeable copy or illumination.

(Ord. 1053, eff. January 12, 2007)

For nonresidential uses serving food on the premises to the public, a menu may be displayed on private property adjacent to the main public entrance; the menu must be identical in size and all other respects to those made available to diners. Permit not required; menu display does not count toward the otherwise applicable total area.

(Ord. 1053, eff. January 12, 2007)

Signs providing traffic direction and parking information to drivers and pedestrians may be erected,

maintained and displayed on private property subject to: no commercial advertising on the copy; maximum display face area on any one (1) sign: six (6) square feet.

(Ord. 1053, eff. January 12, 2007)

Establishments providing motor fuel to the public may display the following sign types, without permit, subject to the stated rules:

(a)

One (1) sign per pump, located at or on the pump, which may be double-faced, not to exceed eight (8″) inches by ten (10″) inches; or two (2) signs per dispensing unit including the price, brand, type, and grade of motor fuel, the size of each not to exceed the area of the portion of the dispenser unit above the dispenser hoses; or

(b)

One (1) permanently located sign elsewhere on the property advertising the grades of motor vehicle fuel offered for sale; such signs may be double-faced, not to exceed twenty (20) square feet per face and with numbers not to exceed twelve (12″) inches in height and letters not to exceed six (6″) inches in height;

(c)

All gasoline service station signs shall be posted in accordance with the requirements of the State Business and Professions Code.

(Ord. 1053, eff. January 12, 2007)

In zones C-1, C-2, C-3 and C-L only, nonresidential establishments may display a portable A-frame sign, subject to: display time: dawn to dusk; display face area: not exceeding six (6) square feet per side; number: not more than one (1) per establishment message types: noncommercial or on-site commercial, or any combination; illumination: not allowed; placement: only on private property, unless a permit has been

issued under Chapter 10, Article 7, to allow it on Town Property, and in such a manner as not to impede normal pedestrian traffic.

(Ord. 1053, eff. January 12, 2007)

(Ord. No. 1125, § 2, 9-11-2018)

Each nonresidential establishment located in a commercial or professional zone may erect, maintain and display one (1) projecting sign, subject to: sidewalk clearance - at least seven (7′) feet six (6″) inches; maximum size: not taller than six (6″) inches; total area per side: not exceeding three (3) square feet; illumination: not allowed; maximum projection over public right-of-way: forty-two (42″) inches, and then only if allowed by Chapter 10 and authorized by an encroachment permit.

(Ord. 1053, eff. January 12, 2007)

For purposes of this section, a project to construct a residence is not a "residential use" until a certificate of occupancy has been issued.

(a)

On any parcel where construction is occurring pursuant to all legally required permits, a temporary sign may be erected, maintained and displayed until the first occurring of the following events: a certification of completion is issued; the owner formally indicates acceptance of the project as complete; or a certification of occupancy (or its functional equivalent) is issued.

(b)

On projects to construct a single-family residential structure: Maximum number of such signs: one (1) per street frontage. Maximum size of each sign: four (4) square feet; maximum height of any such sign, when freestanding: eight (8′) feet; illumination: not allowed; all applicable safety codes must be satisfied. Sign permit not required.

(c)

On projects other than those to construct a single-family residential structure: Maximum number of such signs: one (1) per street frontage. Maximum size of each sign: twenty-four (24) square feet; maximum height of any such sign, when freestanding: eight (8′) feet; illumination: not allowed; all applicable safety codes must be satisfied. Sign permit not required.

(Ord. 1053, eff. January 12, 2007)

In addition to all other authorized signs, each nonresidential establishment may display temporary signs for a maximum of seventy-five (75) days per calendar year, subject to: maximum display area: equal to twenty-

five (25%) percent of the total window area on each street frontage; physical type: wall, window or door mounted.

(Ord. 1053, eff. January 12, 2007)

In addition to other authorized signs, each nonresidential establishment may display a maximum of two (2) permanent window signs, each not exceeding one (1) square foot, applied by decal or paint or glass windows or doors.

• (Ord. 1053, eff. January 12, 2007)

When properly licensed, temporary and seasonal sales operations, such as Christmas tree lots, may display not more than two (2) signs per lot, the total area thereof not to exceed forty (40) square feet. The display period shall not exceed ninety (90) days in any one (1) calendar year.

(Ord. 1053, eff. January 12, 2007)

Article 9. - (Reserved)

Article 10. - Administration, enforcement and public safety

This article states the provisions relating to administration, enforcement and public safety issues.

• (Ord. 1053, eff. January 12, 2007)

(a)

The area of a sign shall consist of the message, background, and any frame or outline but shall not include any material used exclusively for structural support. Where a sign message has no background material, or where the background is an undifferentiated wall, the area of the sign shall consist of the sum of the areas of the two (2) smallest adjoining rectangles which encompass the total message. The area of a multi-faced sign shall be the sum of the areas of its faces, but all faces together shall constitute only one (1) sign. The area of a conical, cylindrical, or spherical sign shall be the area of its surface.

(b)

Height of a freestanding sign is calculated by measuring the vertical distance from the topmost part of the sign to the average grade for the footprint of the sign.

(Ord. 1053, eff. January 12, 2007)

The following signs may be abated as a public nuisance:

(a)

Any sign which, by virtue of its physical structure, becomes an immediate and serious threat to the public safety;

(b)

Any sign which is erected, maintained or displayed in violation of the provisions of this chapter or other applicable law;

(c)

Any sign which no longer advertises or relates to the establishment on the same premises;

(d)

Any sign which falls into disrepair or takes on a dilapidated appearance.

(Ord. 1053, eff. January 12, 2007)

Signs which meet any of the qualifications stated in the previous section may be abated in any manner provided by law.

(a)

In the case of signs which, by virtue of their physical condition (as opposed to their graphic design or message content) pose a serious and immediate threat to the public safety, may be summarily removed and retained by the Town. In such case, the Town shall promptly give written notice to the sign or property owner, if known, of the emergency confiscation and the cost of redemption.

(b)

Any confiscated sign may be redeemed by the owner within fifteen (15) calendar days after written notice is sent, upon the payment of a fee established by resolution to cover the costs and expenses of enforcement.

(Ord. 1053, eff. January 12, 2007)

Article 11. - Variances and Sign Programs

As provided in this article, variances may be granted for signs. Variances may be granted only by the Planning Commission, and the Planning Commission's decision is appealable to Town Council in the same manner as all other sign-related decisions. Variances must be considered by the Commission at a duly noticed public hearing at which evidence is taken, findings are made based upon the evidence, and a written decision is provided to the applicant.

(Ord. 1053, eff. January 12, 2007)

The Planning Commission may grant one (1) or more variances in order to permit the erection and/or maintenance of signs not otherwise permitted by this chapter. The Commission shall not grant any variance unless it finds that:

(a)

The strict application of the provisions of this chapter would result in unreasonable practical difficulties or in unnecessary hardships for the applicant, which difficulties or hardships are unique to the particular applicant and the applicant's use and are not present generally, or that the strict application of the provisions of this chapter would bring about results inconsistent with the purposes and intent of this chapter;

(b)

That the granting of such application would not adversely affect the public health, safety, or welfare or be detrimental to or endanger or depreciate the properties in the surrounding area;

(c)

In exercising discretion on a variance, neither the Planning Commission nor the Town Council on appeal may consider the graphic design of the display face or the message content of the proposed sign;

(d)

In no event may the variance procedure be used to approve, permit or legalize any sign which meets the definition of billboard, or to authorize any of the sign types described in Section 10-9.515(b)(1) of this chapter.

(e)

(Reserved);

(f)

If a variance is sought on the grounds of hardship, then self-created hardship shall weigh heavily against the granting of the variance;

(g)

No approval of a sign variance shall constitute a finding that a sign complies with any requirements other than those specifically set forth in this chapter, nor shall any such approval constitute a waiver of any such other requirements; and

(h)

A variance application shall include all the information required for a sign permit, as detailed in Section 405, as well as other information required by State or Town law pertaining to variances.

(Ord. 1053, eff. January 12, 2007)

When a nonresidential development involving four (4) or more separately leaseable units is proposed, and the proposal includes a unified program for sign design, such program may deviate from the otherwise applicable rules regarding the non-communicative aspects of signs. However, such programs may not violate any provision of the general plan, and may not authorize off-site commercial messages (separately leaseable units within the development are all considered on-site), and may not authorize a sign type which is expressly prohibited by this chapter. The message substitution policy applies automatically to all sign programs.

(a)

All sign program proposals may be approved only by the Planning Commission, and are appealable to Town Council. Sign programs may be considered simultaneously with the other aspects of the development. The Planning Commission may consider a sign program proposal only at a duly noticed public hearing at which evidence is taken, findings are made, and a written decision is provided.

(Ord. 1053, eff. January 12, 2007)

Chapter 10 - SIGNS ON TOWN PROPERTY Article 1. - Authority, Purposes and Intent

This chapter is adopted pursuant to the Town's general powers, property rights, Government Code Sections 65850(b), 38774, 38775, Business and Professions Code Sections 5200 et seq., and Penal Code Section 556 et seq.;

(Ord. No. 1125, § 3, 9-11-2018)

In adopting this chapter, the Town Council acts in its proprietary capacity as to Town Property, as defined herein.

(Ord. No. 1125, § 3, 9-11-2018)

This chapter states the policies, rules and regulations regarding private party placement of signs on property owned or controlled by the Town, and on all public rights-of-way. However, signs used in conjunction with parades, protests, festivals, street closures, demonstrations, street fairs, and other outdoor assemblies are not within the scope of this chapter; instead, they are regulated by San Anselmo Municipal Code Title 3, Article 5. Signs used in parades and other events involving street closures are

stated in San Anselmo Municipal Code Title 3, Article 5. Also, laws, rules and policies regarding signs on vehicles parked on public streets are not within the scope of this chapter.

(Ord. No. 1125, § 3, 9-11-2018)

The purpose and intent of this chapter includes, but is not limited to the following:

(a)

To preserve and enhance the aesthetic appearance and natural beauty of the Town;

(b)

To serve the public interest in safety, both pedestrian and traffic;

(c)

To safeguard and protect the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs on Town Property;

(d)

To enhance the visual attractiveness of the Town, for residents and visitors.

(e)

To accommodate the need for orderly expression in traditional public forum areas, such as streets, parks and sidewalks;

(f)

To advance the goals, strategies and policies of the General Plan; and

(g)

To allow for the placement of banners on certain areas of Town Property, subject to the rules and policies stated herein.

(Ord. No. 1125, § 3, 9-11-2018)

Article 2. - Basic Policies

As to private parties and governmental units other than the Town, only signs authorized by this chapter may be built, displayed, erected or maintained on Town Property, as defined herein. Authorization shall take the form of a permit requirement or an exemption from the permit requirement as explicitly stated in this chapter.

(Ord. No. 1125, § 3, 9-11-2018)

Except as otherwise provided, the Planning Director is authorized and directed to enforce and administer the provisions of this chapter. Administration and enforcement of this chapter shall follow the provisions in Sign Code Chapter 9, Article 10.

(Ord. No. 1125, § 3, 9-11-2018)

The portions of the San Anselmo Municipal Code Title 10, Chapter 9 dealing with permits, appeals and sign-related decisions on private property, are incorporated herein to the extent they are relevant and consistent with this chapter.

(Ord. No. 1125, § 3, 9-11-2018)

Interpretations of this chapter shall be made initially by the Planning Director, whose decision may be appealed in the same manner as any other sign-related decision, under the appeal procedures detailed in San Anselmo Municipal Code Title 10, Chapter 9, Article 4.

(Ord. No. 1125, § 3, 9-11-2018)

The Town declares its intent that all Town Property shall not function as a designated public forum, unless some specific portion of public property is designated herein as a public forum of one (1) particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period.

(Ord. No. 1125, § 3, 9-11-2018)

Article 3. - Definitions

All definitions from the Title 10, Chapter 9, Article 3 of the San Anselmo Municipal Code are incorporated, unless they are limited or modified by this chapter.

(Ord. No. 1125, § 3, 9-11-2018)

The following definitions apply to this chapter.

"Hand-held sign" shall mean a sign that is held by a natural person, not including insignia on apparel or aspects of personal appearance.

"Hub sign" shall mean a sign located on a structure at the Creek Park entrance at The Hub.

"Merchants Association" shall mean an organization representing retailers and related businesses to promote local businesses.

"Personally attended" shall mean a live person is physically present within five (5) feet of the sign at all times. This definition includes hand-held signs.

"Ross Valley" shall mean incorporated and Unincorporated San Anselmo, Fairfax, and Ross.

"Street banner" shall mean a sign made of material similar to heavy canvas or reinforced plastic, and attached to poles which are located across Sir Francis Drake Boulevard near 1000 Sir Francis Drake Boulevard and across Tunstead Avenue near 3 Tunstead Avenue, to which banner signs have traditionally been attached.

"Temporary sign" shall mean a structure or device used for the public display of visual messages or images, which is easily installed with common hand tools, or without tools, and which is not intended for or suitable for long term or permanent display, due to the lightweight or flimsy construction materials.

"Town Property" shall mean land or other property in which the Town of San Anselmo holds a present right of possession and control, plus all public rights-of-way, regardless of ownership.

"Traditional public forum" shall mean the surfaces of Town-owned streets, Town-owned parks, sidewalks which are connected to the Town's main pedestrian circulation system, and the pedestrian area immediately surrounding Town Hall (not including the interior thereof). In consultation with the Town Attorney, the Director shall interpret this phrase for compliance with court decisions.

(Ord. No. 1125, § 3, 9-11-2018)

Article 4. - Traditional Public Forum Areas

This article applies only in traditional public forum areas and when San Anselmo Municipal Code Title 3, Article 5, dealing with special events (parades, street closures, etc.) does not apply.

(Ord. No. 1125, § 3, 9-11-2018)

In areas qualifying as traditional public forums, private persons and governmental units other than the Town may display non-commercial message signs without a permit, but subject to the following requirements:

(a)

The signs must be personally held by a person, or personally attended by one or more persons.

(b)

The signs may be displayed only during the time period of sunrise to 10 p.m., except on occasions when the Town Council and / or the Planning Commission are holding public hearings or meetings; on such occasions, the display period is extended to thirty minutes after such meeting is officially adjourned.

(c)

The maximum aggregate size of all signs held by a single person is six (6) square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area.

(d)

The maximum size of any one sign which is personally attended by two or more persons is fifty (50) square feet, measured one side only.

(e)

The sign must have no more than two (2) display faces and may not be inflatable or air-activated.

(f)

In order to serve the Town's interests in traffic flow and safety, persons displaying signs under this article may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least four feet width clearance for pedestrians to pass by. Signs and persons holding signs may not block the free and clear vision of drivers, bicyclists and pedestrians.

(g)

The message substitution policy in Section 10-9.203 of the San Anselmo Municipal Code applies only to the traditional public forum areas and is subject to the rules stated in this section.

(Ord. No. 1125, § 3, 9-11-2018)

Article 5. - Official Signs

The following signs may be erected and displayed on Town Property, subject to the rules set herein:

(a)

Traffic control and traffic directional signs erected by the Town or another governmental unit;

(b)

Official notices required or authorized by law;

(c)

Signs placed by the Town in furtherance of its governmental functions;

(d)

Signs placed by the Town on Town Property which express the Town's own message(s).

No permit is required for the signs authorized by this article.

(Ord. No. 1125, § 3, 9-11-2018)

Article 6. - Street Banner and Hub Sign

In adopting this article, the Town Council does not intend to open or designate a forum for expression on controversial topics of public debate, but instead intends to allow the parties specified in Section 1010.602 to display street banners and Hub signs to announce special events which are local in nature and which do not involve the use of Town Property for the public debate of controversial topics.

(Ord. No. 1125, § 3, 9-11-2018)

The use of the Sir Francis Drake Boulevard Street Banner, The Tunstead Avenue Street Banner, and the Hub Sign is limited to: Town sponsored events, Ross Valley accredited or licensed schools (pre-kindergarten through 12th grade, both public and private schools); Ross Valley youth organized sporting and cultural events, organizations located in Ross Valley that have received tax exempt status pursuant to Internal Revenue Code Section 501(c)(6), and Merchants Associations located in incorporated San Anselmo and established as of the adoption date of this chapter. However, the Town reserves the right to refuse to issue a permit on the grounds that the street banner or Hub sign pertains to public debate of a controversial topic. In the event of such denial, the applicant may appeal to the Planning Commission, in accordance with the appeal procedure set forth in Title 10, Chapter 9, Article 4 of the Municipal Code.

(Ord. No. 1125, § 3, 9-11-2018)

This article authorizes the parties identified in Section 10-10.602 to display street banners and Hub signs only for special events; the copy on the street banner or Hub sign may include only the title of the event (including the sponsoring organization(s)), time, and location of the event.

(Ord. No. 1125, § 3, 9-11-2018)

A street banner and Hub sign application form shall be available at the Recreation Department Office and Town Hall and such form shall address required submittals, fees, and signatures. The Recreation Director shall approve or deny permits under this section.

(Ord. No. 1125, § 3, 9-11-2018)

10-10.605 - Safety rules.

Such street banners and Hub signs shall be subject to safety rules regarding construction methods and materials, and mounting methods, to be promulgated by the Town.

(Ord. No. 1125, § 3, 9-11-2018)

Article 7. - A-Frames on Town Property

Each nonresidential establishment in commercial zoning districts C-1, C-2, C-3 and C-L may display one (1) portable A-frame sign on Town Property adjacent to the establishment, subject to securing an annual permit from the Department of Public Works. Each restaurant or retail storefront business within two hundred fifty (250) feet west of San Anselmo Avenue may have one (1) additional A-frame sign that may be located on the nearest corners of San Anselmo Avenue. An application for a permit shall be filed with the Department of Public Works on forms provided by that Department and with a fee as established by resolution of the Town Council.

(Ord. No. 1125, § 3, 9-11-2018)

10-10.702 - Terms and conditions.

The A-frame sign shall comply with the following requirements:

(a)

Display time: dawn to dusk;

(b)

Size: not exceeding forty-two (42) inches in height and twenty-four (24) inches in width;

(c)

Number: not more than one per business, except as noted above;

(d)

Message types: noncommercial or on-site commercial, or any combination;

(e)

Illumination: not allowed;

(f)

Animation: not allowed;

(g)

Placement and location:

(1)

Shall be placed in the sidewalk area adjacent to the applicant's businesses. If the business does not have a storefront, the sign may be placed in the sidewalk area adjacent to the site upon which the business is located. Exception: restaurants and retail storefronts on lots east of San Anselmo Avenue may have one additional A-Frame sign located on the sidewalk at the nearest corners on San Anselmo Avenue. The Public Works Director may approve locations off sidewalks (such as tree well grates) if safety can be maintained.

(2)

Shall be placed to least impact pedestrian path of travel and shall provide a minimum four (4) foot clear path of travel between the edge of the sign and any existing sidewalk obstructions (e.g. street signs, utility poles, fire hydrants) unless a reduced path of travel is allowed by the building code. If the sidewalk is not four (4) feet or more in width, the sign cannot be on the sidewalk.

(3)

Shall not create a traffic safety issue by blocking sight visibility from a street or private driveway. No A- frame sign over three (3) feet tall shall be located within thirty (30) feet of the sight visibility triangle from a crosswalk, street or driveway. The Town Public Works Director may change any permitted sign location that creates a sight visibility problem.

(4)

To limit interference with passengers existing vehicles, signs adjacent to parallel parking shall be placed as far as possible away from the street curb while maintaining four (4) feet of clearance on the sidewalk.

(5)

Signs shall not be placed within three (3) feet of a fire hydrant and must be placed so any hydrant remains visible from both angles of approach.

(6)

Signs shall not be secured permanently or temporarily to any existing Town or public utility owned facility, such as poles, parking meters, trees, etc.

(7)

The Town may prohibit signs in designated areas during parades or other specified times or days when sidewalk congestion is anticipated.

(8)

Shall be stored indoors;

(9)

Shall not be displayed during times of inclement weather such as high winds, heavy rain or floods; and

(10)

Shall not pose a hazard to the public health or safety.

(h)

Other requirements: Signage must be maintained in good structural condition. The sign may take on any design form and need not use a conventional "A-frame" or sandwich board design if all dimensional requirements are met and the sign does not create a trip hazard.

(i)

Conditions of approval:

(1)

Indemnification. Any person who is granted a sign permit pursuant to the provisions of this chapter shall, by the issuance of such permit, thereby indemnify and hold harmless the Town, its officers and employees of and from any and all liabilities, claims, demands, actions or causes of action for injury or injuries to any person or persons or death or deaths of any person or persons or damage to property arising out of or occasioned in any way by the issuance of said permit or the work performed pursuant to such permit.

(2)

The Department of Public Works may require a letter of authorization from the property owner or proof of liability insurance.

(Ord. No. 1125, § 3, 9-11-2018)

Upon compliance by the applicant with the foregoing conditions and requirements, the application shall be approved and the permit issued by the Department of Public Works, unless the issuance of the permit is contrary to the health, safety, or welfare of the citizens of the Town of San Anselmo as determined by the Director of Public Works. In determining whether to approve the application, the Town may consider the effect that proposed sign will have on pedestrian, bicycle and vehicular travel within the Town.

(a)

Permits issued under this article shall not be transferable.

(b)

Permits issued under this article shall expire one (1) year from the date of issuance.

(Ord. No. 1125, § 3, 9-11-2018)

The Director of Public Works may revoke a sign permit if he or she determines and finds the permit application was inaccurate, the permit holder failed to meet requirements of this chapter, or the permit

holder failed to meet any conditions of approval for the sign permit.

(Ord. No. 1125, § 3, 9-11-2018)

10-10.705 - Penalties for violation and sign removal.

(a)

Requirement of permit. It shall be unlawful for any person to construct, install, attach, place, paint, alter, relocate, or otherwise maintain any A-frame sign on Town Property without first obtaining a permit in accordance with the provisions of this article.

(b)

Requirement of compliance. A-frame signs shall be installed, placed, or maintained on Town Property only in compliance with this article. If provisions of this section are in conflict with any other Town code, the more restrictive requirement(s) shall apply. Signs maintained contrary to the provisions of this section are declared to be nuisances and may be abated as provided by law. The responsibility for compliance with this chapter rests jointly and severally upon the sign owner, the permit holder, any and all parties holding the present right of possession and control of the property whereon a sign is located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control.

(c)

Sign removal. Town officials may remove any sign authorized by this section, without notice, whenever such removal is required for public safety.

(d)

Notice of violation, enforcement and penalties.

(1)

First, second and third offense. A two-day written notice of the violation shall be given by the Public Works Director or his/her designee to the owner or lessee of the business to which the sign relates. Upon receipt of the notice, the owner or lessee of the business or businesses to which the sign(s) relate shall bring the sign(s) into conformance with this section.

(2)

Fourth offense. If there is a fourth violation by the same owner or lessee of a business to which a sign relates within any twenty-four (24) month period, then no notice shall be required. The offending A-frame sign shall be subject to immediate confiscation. For purposes of calculating the twenty-four (24) month period, the date of the commission of the first offense shall be used. The Public Works Director or his/her designee shall give notice to the owner or lessee of the business to which a sign relates that the sign has been confiscated and that if not claimed within five (5) calendar days from the date of the notice, the sign shall be disposed of by the Town. If the Public Works Director finds that there is a fourth violation by the

same owner or lessee of a business to which a sign relates within any twenty-four (24) month period, an A- frame sign relating to the business shall not be permitted.

(Ord. No. 1125, § 3, 9-11-2018)

Editor's note— Ord. No. 1125, § 3, adopted September 11, 2018, set out provisions intended for use as 10-10.706. For purposes of classification, and at the editor's discretion, these provisions have been included as 10-10.705.

Article 8. - Encroachments

With the exception of those signs described in Articles 6 and 7 of this chapter, signs which are mounted on private property but which project over the public right-of-way, or otherwise extend into or over Town Property, are authorized subject to the following requirements:

(a)

The sign must satisfy all requirements of San Anselmo Municipal Code Title 10, Chapter 9;

(b)

The sign may not project over the public right-of-way more than forty-two (42) inches;

(c)

The sign must be mounted so as to provide a ground clearance of at least eight (8) feet;

(d)

The message substitution policy in Section 10-9.203 of the San Anselmo Municipal Code shall apply to signs authorized by this section;

(Ord. No. 1125, § 3, 9-11-2018)

Article 9. - Town Messages

Nothing in this chapter limits in any way the Town's ability to use Town Property for expression of its own messages, or the messages of other parties that it may adopt as its own message, such as, by way of illustration only, co-sponsorship of an event.

(Ord. No. 1125, § 3, 9-11-2018)

Chapter 11 - DENSITY BONUS

Sections:

10-11.01 - Title and purpose.

(a)

Title. This chapter shall be known as the "San Anselmo Density Bonus Ordinance"

(b)

Purpose. The purpose of this chapter is to provide for density bonuses and incentives to developers who comply with California Government Code Sections 65915 through 65918 (State Density Bonus Law) and to establish the standards and procedures for granting affordable housing density bonuses for housing developments, in an effort to promote the development of affordable units in the Town. This chapter shall be understood to be amended by operation of law in the event and to the extent the State Density Bonus Law is amended.

(Ord. No. 1101, § 1, 1-13-15)

Unless otherwise specified in this chapter, the definitions found in State Density Bonus Law shall apply to the terms contained herein.

(Ord. No. 1101, § 1, 1-13-15)

This chapter shall apply to all zoning districts that permit housing at a prescribed density by the general plan land use designation and/or zoning district. Where the density allowed under the zoning district is inconsistent with the density allowed under the housing element land use designation, the housing element land use designation density shall prevail.

(Ord. No. 1101, § 1, 1-13-15)

10-11.040 - State density bonus and incentives.

A developer of a housing development in the Town may be permitted a density bonus and incentives in accordance with the provisions of California Government Code Sections 65915 through 65918 (State Density Bonus Law).

(Ord. No. 1101, § 1, 1-13-15)

(a)

An application for a state density bonus, incentive or concession, waiver or modification of a development standard, or a revised parking standard, shall be submitted in writing with the first application for approval of a housing development and shall be processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the Town and the application shall include, at a minimum, the following information:

(1)

A site plan showing the total number and location of all proposed housing units and the number and location of proposed housing units which qualify the housing development for density bonus housing units;

(2)

The manner in which the applicant shall satisfy the affordability requirements for the housing units that qualify the housing development for density bonus units;

(3)

A description of any requested incentives and concessions, waivers or modification of development standards, or modified parking standards;

(4)

For all incentives and concessions, except mixed use development, the application shall include evidence deemed sufficient by the Town that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The Town may require that an independent financial review be conducted at the expense of the applicant.

(5)

For waivers or modifications of development standards, the application shall include evidence deemed sufficient by the Town demonstrating all of the following the waiver or modification is necessary to make the housing units economically feasible and that the development standard from which a waiver or modification is requested will have the effect of precluding the construction of the housing development at the densities to which the applicant is entitled pursuant to this chapter.

(6)

If a density bonus is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the conditions pursuant to Government Code Section 65915 (g)(2)(A through H) are met.

(7)

If a density bonus or incentive or concession is requested for a child care facility pursuant to Government Code Section 65915 (h), the application shall show the location and square footage of the child care facility and provide evidence that the community lacks adequate child care facilities.

(8)

A written acknowledgement that the project will be subject to a condition of approval and deed restriction to retain affordability of the affordable unit(s) for at least fifty-five (55) years.

(9)

Payment of fees set forth in a resolution adopted by the Town Council.

(10)

If the density bonus is requested for a proposed housing development that would result in the removal or conversion of existing rental dwelling units, or if the property upon which the housing development is proposed has within the past five (5) years been occupied by rental dwelling units, the application shall include the following:

(i)

A description of the housing units removed, converted, proposed to be removed or proposed to be converted;

(ii)

The income levels of the persons occupying each unit removed, converted, proposed to be removed or proposed to be converted;

(iii)

The rental rates charged for the immediately preceding five (5) years for each unit removed, converted, proposed to be removed or proposed to be converted.

(b)

Review and consideration. An application for a density bonus, incentive or concession, waiver or modification of a development standard, or revised parking standard shall be considered and acted upon by the Planning Director or Planning Commission based on its review authority for the housing development.

(c)

Approval. Before approving an application for a density bonus, incentive or concession, or waiver or modification of a development standard, the Planning Director or Planning Commission shall make the following findings:

(1)

If the density bonus is based all or in part on a donation of land, the conditions of Government Code Section 65915 (g)(2)(A through H) are met.

(2)

If the density bonus, incentive or concession is based all or in part on the inclusion of a child care facility, that the conditions included in Government Code Section 65915 (h)(2)(A) and (B) are met.

(3)

If the incentive or concession includes mixed use development, the findings included in Government Code Section 65915 (k)(2) are met.

(4)

If a waiver or modification of a development standard is requested, the developer has demonstrated, for each requested waiver or modification, that the waiver or modification is necessary to make the housing units economically feasible and that the development standards from which a waiver or modification is requested will have the effect of precluding the construction of a housing development at the densities to which the applicant is entitled pursuant to this chapter or with the concessions and incentives permitted by this chapter.

(d)

The Planning Director or Planning Commission may deny a concession or incentive if it makes a written finding based upon substantial evidence of either of the following:

(1)

The concession or incentive is not required to provide for affordable rents or affordable housing costs as required by this chapter.

(2)

The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower, very low or moderate income households. For purposes of this subsection, "specific adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

(e)

The Planning Director or Planning Commission may deny a waiver or modification of a development standard only if it makes a written finding based upon substantial evidence of either of the following:

(1)

The waiver or modification would have a specific adverse impact upon health, safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to lower, very low or moderate income households. For purposes of this subsection, "specific adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

(2)

The waiver or modification would have an adverse impact on any real property listed in the California Register of Historical Resources.

(f)

If a density bonus or concession or incentive is based on the provision of child care facilities, the Planning Director or Planning Commission may deny the density bonus or concession or incentive if it finds, based on substantial evidence, that the Town already has adequate child care facilities.

(Ord. No. 1101, § 1, 1-13-15)

Chapter 12 - EMERGENCY SHELTER

Sections:

10-12.01 - Title and purpose.

(a)

Title. This chapter shall be known as the "San Anselmo Emergency Shelter Ordinance."

(b)

Purpose. This chapter is adopted to ensure the Town of San Anselmo facilitates homeless shelters by providing zoning categories in which emergency shelters can be located without discretionary approval by the Town.

(Ord. No. 1098, § 1, 1-13-2015; Ord. No. 1179, § 4(Exh. A), 8-22-2023)

"Emergency shelter" means housing as defined in California Health and Safety Code §50801(e). 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. This section shall be understood to be amended by operation of law in the event and to the extent this statute is amended.

(Ord. No. 1098, § 1, 1-13-2015; Ord. No. 1179, § 4(Exh. A), 8-22-2023)

(a)

Applicability. Emergency shelters are a permitted use in the Limited Commercial, General Commercial, and Public Facility zones when the site is located within one-quarter (¼) mile of a transit stop. An emergency shelter shall comply with the standards of this section.

(b)

Performance standards. An emergency shelter shall meet the following development and performance standards:

(1)

On-site management and on-site security shall be provided during hours when the emergency shelter is in operation.

(2)

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the surrounding area.

(c)

Off-street parking requirements shall be based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone.

(d)

The agency or organization operating the emergency shelter shall comply with the following requirements:

(1)

Temporary shelter shall be available to residents for no more than six (6) months. No individual or household may be denied emergency shelter because of an inability to pay.

(e)

No emergency shelter shall be located within three hundred (300) feet of another emergency shelter site.

(f)

The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) nightly shall not exceed seventeen (17) persons.

(Ord. No. 1098, § 1, 1-13-2015; Ord. No. 1179, § 4(Exh. A), 8-22-2023)

Chapter 13 - REASONABLE ACCOMMODATION[[10]]

Footnotes:

--- ( 10 ) ---

Editor's note— Ord. No. 1125, § 1, adopted September 11, 2018, renumbered ch. 10 'Reasonable accommodation' to ch. 13, to read as herein set out.

This article provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act (42 U.S.C. 3601 et seq.) and California Fair Employment and Housing Act (California Government Code § 12900 et seq.) (hereinafter "the Acts") in the application of zoning laws and other land use regulations, policies and practices.

(Ord. No. 1100, § 1, 1-13-2015; Ord. No. 1125, § 1, 9-11-2018)

A request for reasonable accommodation may be made by any person with a disability, his/her representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This article is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed in Section 1013.03.

(Ord. No. 1100, § 1, 1-13-2015; Ord. No. 1125, § 1, 9-11-2018)

(a)

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Town's Planning Department, or in the form of a letter to the Planning Director and shall contain all of the following information:

(1)

The applicant's name, address and telephone number.

(2)

The address of the property for which the request is being made.

(3)

The property owner's name and contact information, if different from applicant.

(4)

The current actual use of the property.

(5)

The basis for the claim that the individual is considered disabled under the Acts.

(6)

The zoning code provision, regulation or policy that is the subject of the applicant's requested reasonable accommodation, and a narrative and graphic (where applicable) description of the specific accommodation

requested.

(7)

The reasons why reasonable accommodation is necessary to make the specific property accessible to the individual.

(b)

Review with other land use applications. If the project for which the request for reasonable accommodation is being made requires one (1) or more discretionary approvals (including, but not limited to, conditional use permit, site plan and architectural review, encroachment permit, etc.), then the applicant shall file the information required by subsection (a) at the same time the applicant submits the application(s) requiring discretionary approvals.

(Ord. No. 1100, § 1, 1-13-2015; Ord. No. 1125, § 1, 9-11-2018)

(a)

Planning Director. Requests for reasonable accommodation shall be decided by the Planning Director, unless the applicant is also seeking approval of an application that requires Planning Commission or Town Council approval.

(b)

Other review authority. Requests for reasonable accommodation submitted with an application requiring Planning Commission or Town Council approval, shall be decided by the appropriate reviewing authority.

(Ord. No. 1100, § 1, 1-13-2015; Ord. No. 1125, § 1, 9-11-2018)

(a)

Planning Director review. The Planning Director shall make a written decision within forty-five (45) days and either grant, conditionally grant, or deny a request for reasonable accommodation in accordance with Section 10-13.06. The Director shall mail a notice of a request for reasonable accommodation to contiguous property owners, as shown on the latest equalized Marin County assessment roll, but may include other property owners as determined by the Director. Said notice shall be mailed at least ten (10) days prior to making a decision.

(b)

Other reviewing authority. The written decision to grant, conditionally grant or deny the request for reasonable accommodation shall be made by the Planning Commission or Town Council along with the related discretionary permit application in accordance with the applicable procedure for the discretionary permit. The written decision to grant, conditionally grant or deny the request for reasonable accommodation shall be made in accordance with Section 10-13.06.

(c)

Notice of decision. Notice of a written decision by the Planning Director or other reviewing authority shall be mailed to contiguous property owners, as shown on the latest equalized Marin County assessment roll, but may include other property owners as determined by the Director.

(Ord. No. 1100, § 1, 1-13-2015; Ord. No. 1125, § 1, 9-11-2018)

10-13.06 - Findings, other requirements, and decision.

(a)

Findings. The written decision to grant, conditionally grant or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on a consideration of the following factors:

(1)

Whether the housing that is the subject of the request will be used by an individual considered disabled under the Acts.

(2)

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

(3)

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the Town.

(4)

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a Town program, policy, practice and/or regulation, including but not limited to land use or zoning.

(5)

Whether there are reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the Town's applicable programs, policies, practices and/or regulations.

(6)

Whether the accommodation would alter the significance of an historic structure.

(b)

Other requirements.

(1)

An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable regulations.

(2)

An accommodation approved under this article is considered a personal accommodation for the individual applicant and does not run with the land.

(c)

Conditions of approval. In granting a request for reasonable accommodation, the Planning Director or reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by subsection A above. These conditions include, but are not limited to the following:

(1)

Inspection of the property to verify compliance with this article and any conditions of approval.

(2)

Removal of improvements at the time the need for a reasonable accommodation is no longer necessary, where removal would not constitute an unreasonable financial burden on the applicant.

(3)

Time limits and/or expiration of the approval of a reasonable accommodation if the need for which the reasonable accommodation was granted no longer exists.

(4)

Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists.

(5)

Measures to reduce the impact on surrounding uses.

(6)

Measures in consideration of the physical attributes of the property and structures.

(7)

Other conditions necessary to protect the public health, safety and welfare.

(Ord. No. 1100, § 1, 1-13-2015; Ord. No. 1125, § 1, 9-11-2018; Ord. No. 1184, § 11, 1-9-2024)

10-13.07 - Appeal of determination.

A decision by the Planning Director or Planning Commission to grant or deny a request for reasonable accommodation may be appealed pursuant to Section 1-4.01.

(Ord. No. 1100, § 1, 1-13-2015; Ord. No. 1125, § 1, 9-11-2018)

Chapter 14 - INCOME-BASED RENTAL HOUSING DISCRIMINATION

(a)

Prohibited activity. It is unlawful for any person to do any of the following as wholly or partially based on source of income:

1.

To interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property, including, but not limited to, the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;

2.

To include in the terms or conditions of a transaction in real property any clause, condition or restriction;

3.

To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee;

4.

To make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on source of income.

5.

For purposes of this subsection, "source of income" means all lawful sources of income or rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program. Source of income includes any requirement of any such program or source of income or rental assistance.

(b)

Prohibited Economic Discrimination. It is unlawful for any person to use a financial or income standard for the rental of housing that does either of the following:

1.

Fails to account for any rental payments or portions of rental payments that will be made by other individuals or organizations on the same basis as rental payments to be made directly by the tenant or prospective tenant;

2.

Fails to account for the aggregate income of persons residing together or proposing to reside together or an aggregate income of tenants or prospective tenants and their cosigners or proposed cosigners on the same basis as the aggregate income of married persons residing together or proposing to reside together.

(c)

Exceptions.

1.

Nothing in this chapter shall be construed to apply to the rental or leasing of any housing unit in which the owner or any member of his/her family occupies one (1) of the living units and (1) it is necessary for the owner to use either a bathroom or kitchen facility common with the prospective tenant, or (2) the structure contains fewer than three (3) dwelling units.

2.

Nothing in this chapter shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.

(Ord. No. 1131, § 2, 12-11-2018)

Any aggrieved person may enforce the provisions of this chapter by means of a civil injunctive action. Any person who commits, or proposes to commit, an act in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, by town counsel, the district attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class.

(Ord. No. 1131, § 2, 12-11-2018)

Any person who violates any of the provisions of this chapter or who aids in the violation of any provisions of this chapter is liable for, and the court must award to the individual whose rights are violated, three (3) times the amount of special and general damages, or, in the case of unlawful discrimination in the rental of a unit, three (3) times the amount of one (1) month's rent that the landlord charges for the unit in question. The court may award in addition thereto not less than two hundred dollars ($200.00) but not more than four hundred dollars ($400.00), together with attorney's fees, costs of action, and punitive damages. Civil actions filed pursuant to this section must be filed within one (1) year of the alleged discriminatory acts.

(Ord. No. 1131, § 2, 12-11-2018)

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor or infraction as provided in Section 1-2.01 of the Town Municipal Code (Violations, misdemeanors, infractions or nuisances).

(Ord. No. 1131, § 2, 12-11-2018)

The word "person" as used in this chapter means any individual, firm, corporation, or other organization or group of persons however organized.

(Ord. No. 1131, § 2, 12-11-2018)

Chapter 20 - OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS[[11]]

Footnotes:

--- ( 11 ) ---

Editor's note— The objective design and development standards is published online and can be accessed here

Chapter 21 - AFFORDABLE HOUSING

Sections:

10-21-010 - Purpose and intent.

a.

The purpose of this chapter is to ensure that new residential and non-residential development projects contribute to the availability and attainment of decent, affordable housing to a broad range of households with varying income levels throughout the Town of San Anselmo.

b.

These requirements implement the Town's Housing Element by assisting in meeting the Town's Regional Housing Needs obligations, providing funding to facilitate affordable housing development, and affirmatively furthering fair housing by ensuring that affordable housing is constructed in all parts of the Town.

c.

The Town Council desires to provide and maintain affordable housing opportunities through an affordable housing in-lieu fee, the funds of which will be deposited into the Affordable Housing Fund to be used in the development of affordable housing and related programs in the Town. The non-residential/commercial

linkage fee requirements will assist in alleviating the impacts of the demand for new affordable housing created by new non-residential development.

(Ord. No. 1178, § 3, 6-21-2023)

10-21-020 - Definitions.

For the purposes of this chapter, the following definitions apply:

a.

"Affordable housing fund" means the fund established pursuant to Section 10-21.050 of this chapter.

b.

"Affordable housing unit" means a dwelling unit that shall be offered at an affordable rent or affordable ownership cost to very low-, low- or moderate-income households.

c.

"Common ownership or control" means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten (10%) percent or more of the interest in the property.

d.

"Housing in-lieu fee" means the applicable fee established pursuant to Section 10-21.060 of this chapter.

e.

"Low income households" or "low income" means households with incomes no greater than the maximum income for low income households for Marin County as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).

f.

"Moderate income households" or "moderate income" means households with incomes no greater than the maximum income for moderate income households for Marin County, as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).

g.

"Non-residential development project" means an application for a planning permit or building permit that includes the new construction of gross square feet of non-residential space or the conversion of a residential use to a non-residential use.

h.

"Non-residential/commercial linkage fee" means the applicable fee established pursuant to Section 1021.060 of this chapter.

i.

"Rental unit" means a dwelling unit that is intended to be offered for rent or lease and that cannot be sold individually in conformance with the Subdivision Map Act.

j.

"Residential development project" means a project at one (1) location to create one (1) or more additional dwelling units, convert nonresidential uses to dwelling units, subdivide a parcel to create one (1) or more separately transferrable parcels intended for residential development, or implement a condominium conversion, including development constructed at one (1) time and in phases. "One location" shall include all adjacent parcels of land under common ownership or control with contiguous property lines at any point, or the property lines of which are separated by a public or private street, road, or public or private right-of-way.

k.

"Very low income households" or "very low income" means households with incomes no greater than the maximum income for very low-income households for Marin County, as published annually by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or successor provision).

(Ord. No. 1178, § 3, 6-21-2023)

10-21-030 - Affordable housing requirements.

a.

Residential Development Projects - General Requirements. Any new residential development project shall be developed to provide affordable housing units to very low, low, moderate, and above moderate-income households in accordance with the provisions of this chapter and applicable Town policies.

b.

Affordable Housing Units—Percentage Required, In-Lieu Fees, Target Incomes. Residential development projects shall provide affordable housing units and/or pay housing in-lieu fees in accordance with the policies and procedures specified in the Affordable Housing Requirements and Program Regulations, as adopted, and amended from time to time by Town Council Resolution.

c.

Exemptions. The requirements of this chapter do not apply to:

1.

Projects where a building permit application has been accepted as complete by the Town prior to the effective date of this chapter; provided however that any extension or modification of such a permit shall

not be exempt.

2.

Any structure proposed to repair or replace a building that was damaged or destroyed by fire or other calamity so long as the total number of units, square footage, and land use of the building remains the same and construction of the replacement building begins within one (1) year of the damage's occurrence.

3.

Single-family structure.

4.

Any Accessory Dwelling Unit or Junior Accessory Dwelling unit approved by the Town.

5.

Any residential development project exempted by State law as may be amended from time to time.

d.

Density Bonus. An applicant may submit a separate application for a housing density bonus pursuant to applicable State law and San Anselmo Municipal Code Title 10, Chapter 11 "Density Bonus," if eligible.

e.

Enforcement.

1.

The Town Attorney is authorized to abate violations and to enforce the provisions of this chapter and all implementing regulations and resale controls placed on affordable housing units, by civil action, injunctive relief, and/or any other proceeding permitted by law including without limitation foreclosure.

2.

It shall be unlawful, a public nuisance, and a misdemeanor for any person/entity to sell or rent an affordable unit at a price or rent exceeding the maximum allowed under this chapter and implementing regulations, or to a household not qualified hereunder, and such person/entity shall be subject to a fine of five hundred dollars ($500.00) per month plus restitution of the amount charged that exceeded the maximum allowed under this chapter from the date of original noncompliance until the affordable unit is in compliance with this chapter and implementing regulations. Fine monies collected that exceed the cost of enforcement shall be deposited into the Affordable Housing Fund.

3.

The remedies provided herein nonexclusive and cumulative and shall not preclude the Town from any other remedy or relief to which it is entitled under law or equity.

(Ord. No. 1178, § 3, 6-21-2023)

10-21-040 - Administration.

The Town Council shall adopt and may amend from time to time by Resolution, implementing Affordable Housing Requirements and Program Regulations consistent with the provisions of this chapter and the Housing Element for the purpose of carrying out the administration of this chapter. A copy of the Affordable Housing Requirements and Program Regulations shall be on file with the Town Clerk's Office and made available for public examination and posted on the Town's website. The Affordable Housing Requirements and Program Regulations shall set forth affordable housing requirements, affordable housing in-lieu fee requirements, and non-residential/commercial fee requirements. The Planning Director or designee is responsible for administering this chapter. As part of this administration, the Director may perform the following tasks including, but not limited to interpret the provisions of this chapter and the Affordable Housing Requirements and Program Regulation and establish operational and procedural requirements such as tenant eligibility, application processes, waitlist management, and income verification requirements.

(Ord. No. 1178, § 3, 6-21-2023)

10-21-050 - Affordable housing fund.

An Affordable Housing Fund is established to receive all housing impact and other applicable fees and funds.

a.

All applicable affordable housing in-lieu fees and non-residential/commercial linkage fees collected shall be deposited into the Affordable Housing Fund. The monies deposited in the Affordable Housing Fund, with any interest earned, shall be used solely to increase, and improve the supply of housing affordable to moderate, low, and very low-income households, consistent with the goals and policies contained in the Town's Housing Element and affordable housing requirements and policies.

b.

The Affordable Housing Fund shall be administered by the Planning Director who may develop procedures to implement said fund consistent with the requirements of this chapter and subject to any adopted budget of the Town and generally acceptable accounting and procurement processes.

(Ord. No. 1178, § 3, 6-21-2023)

10-21-060 - Affordable housing in-lieu fees and non-residential/commercial linkage fees.

a.

Affordable housing in-lieu fees and non-residential/commercial linkage fees (fees) are hereby established for residential development projects and non-residential/commercial development projects. The amount of said fees shall be established by Town Council Resolution, as may be amended from time to time. The amount of fees shall not exceed the cost of mitigating the impact residential or non-residential/commercial development projects on the need for affordable housing in the Town of San Anselmo.

b.

All such fees shall be deposited in the Affordable Housing Fund described in Section 10-21-040 herein.

c.

Payment of fees shall be due at the issuance of the building permit for the project. Fees shall be calculated based on the fee schedule in effect at the time the building permit is issued, unless State law specifies that the Town must use a fee schedule in effect at an earlier date.

(Ord. No. 1178, § 3, 6-21-2023)

Chapter 22 - MURALS[[12]]

Sections:

Footnotes:

--- ( 12 ) ---

Editor's note— Ord. No. 1182, § 5, adopted October 10, 2023, set out provisions intended for use as ch. 21. For purposes of classification, and at the editor's discretion, these provisions have been included as ch. 22.

The purpose of this chapter is to permit and encourage original mural artwork on a content-neutral basis on private commercial properties in the Town subject to certain terms and requirements. This chapter also allows for the installation of Town-initiated public murals on both Town-owned property and private commercial property with the cooperation and agreement of the private property owner. Art murals are distinct from signs and confer different benefits, which include improved community aesthetics, forums for original artistic expression, and public access to original works of art in the community. Art murals can increase community identity and create a sense of place for residents and visitors alike.

(Ord. No. 1182, § 5, 10-10-2023)

10-22.020 - Definitions.

For purposes of this chapter, the following definitions shall apply:

"Art mural" means an original hand-painted, hand-tiled, or hand-installed work of visual art on the exterior wall of a building consisting of paint, tile, or other similarly appropriate exterior material. An art mural must be a non-commercial image, which is defined as an image that does not include any branded, registered, or trademarked words, icons, or logos and is not used to advertise a business, service, or product, or to create a revenue stream as a result of its visible placement to the public.

"Private art mural" is an art mural located on commercial property allowed by an art mural permit granted to a private property owner of commercial property.

"Public art mural" is an art mural initiated by the Town located on Town-owned property or on private commercial property with the agreement and cooperation of the private property owner.

(Ord. No. 1182, § 5, 10-10-2023)

An art mural that conforms with the requirements of this chapter shall not be considered a sign and is therefore not subject to San Anselmo Municipal Code Title 10, Chapter 9 "Signs" (Sign Ordinance). Any art mural that does not conform to the requirements of this chapter shall be considered a sign and subject to the requirements of the Sign Ordinance.

(Ord. No. 1182, § 5, 10-10-2023)

The Town Council may adopt public art mural program guidelines which shall identify public art application procedures, program requirements, criteria for evaluating proposed murals, and funding mechanisms.

(Ord. No. 1182, § 5, 10-10-2023)

It shall be unlawful to install, erect, construct, change, alter, or attach any private art mural in the Town without first obtaining a private art mural permit. A private mural permit is valid for a period of five (5) years from issuance. The property owner may apply for a renewal of the private mural permit which shall be reviewed pursuant to the provisions of this chapter. The review of a renewal permit shall also include an evaluation of whether the mural has been maintained in a good condition. Each renewal permit term shall be a maximum of two (2) years. If a mural renewal permit is denied, the property owner must remove the mural and return the wall to its original condition. Private art murals are allowed only in Commercial Town Zoning Districts on a structure that is wholly or partially used for commercial purposes.

(Ord. No. 1182, § 5, 10-10-2023)

10-22.060 - Private art mural permit application and review procedures.

(a)

Authority to adopt administrative rules. The Town Manager is authorized to adopt private art mural administrative rules implementing this section.

(b)

Application requirements and review. An application for a private art mural shall be submitted pursuant to an application submitted to the Planning Department with applicable fees, as established by Town Council Resolution. The application shall be ministerially reviewed for compliance with the requirements of this chapter by the Planning Director or designee. There is no right of appeal and no neighbor notice is required for a private art mural permit.

(Ord. No. 1182, § 5, 10-10-2023)

Private art murals must satisfy the following content-neutral requirements:

(a)

Maximum number of murals. A maximum of one (1) mural per legal parcel, or one (1) mural per building, whichever is more restrictive, is allowed.

(b)

Mural area. The mural area shall not exceed the area of the wall upon which it is installed.

(c)

Maximum height. The mural shall not exceed the height of the structure on which it is installed.

(d)

Materials. Mural materials shall be paint, tile, or similarly appropriate exterior material that are weatherproof and resistant to wear and deterioration.

(e)

No structural change of building. No mural shall structurally alter a building, including but not limited to, architectural changes or the addition or removal of structural posts, or beams.

(f)

No obstruction. No mural shall obstruct the exterior surface of any building opening, including but not limited to, doors, windows, and vents.

(g)

No exterior lighting. No mural shall include illumination or be illuminated by an exterior source.

(h)

No mechanical components. No mural shall contain electrical, mechanical, or moving components.

(i)

Term. The mural term shall be five (5) years. Upon the expiration of the term, the property owner may apply for renewal of the private art mural permit pursuant to this chapter. The property owner may remove the mural prior to the expiration of the term.

(j)

Agreement. The property owner and mural artist shall enter into an agreement with the Town which agreement shall be in a form approved by the Town Attorney.

(Ord. No. 1182, § 5, 10-10-2023)

(a)

Maintenance.

(1)

The mural must be properly maintained in good condition at all times, ensure that material failure and excessive weathering is corrected, and graffiti and other vandalism are removed promptly.

(2)

Failure to maintain the private art mural as provided herein is declared to be a public nuisance and may be summarily abated or repaired by the Town consistent with the Town of San Anselmo Municipal Code. The Town may pursue additional remedies to obtain compliance. All remedies are cumulative. After reasonable notice, the Town may perform all necessary repairs or maintenance, and all costs incurred shall be billed to the property owner. Should the property owner fail to pay the Town for said costs, the costs may become a lien against the property.

(Ord. No. 1182, § 5, 10-10-2023)

The following private art murals are prohibited:

(a)

Murals on local, State, or Federally-designated historic structures.

(b)

Murals may not include Constitutionally unprotected speech which includes any message or image that is outside the protection of the First Amendment of the U.S. Constitution and/or corollary provisions of the California Constitution, such as obscenity. Hate speech or imagery is prohibited.

(Ord. No. 1182, § 5, 10-10-2023)

The Town Attorney is authorized to abate violations and to enforce the provisions of this chapter and all implementing regulations pursuant to the Code Enforcement provisions of the San Anselmo Municipal Code, civil action, injunctive relief, and/or any other proceeding permitted by law. All remedies are cumulative.

(Ord. No. 1182, § 5, 10-10-2023)