San Anselmo — Variances and Exceptions

Last reviewed: July 2, 2026

Overview

This page explains how the Town of San Anselmo handles variances, minor exceptions (also called exceptions or administrative intrusions), and related waivers under the local zoning ordinance (the Town's Title 10 / zoning provisions reference Tables 4A/4B for numeric standards). It summarizes who reviews what, the specific findings the Town requires, how minor exceptions differ from full variances, and the most common code cross-references you must check before applying. See the Town’s main zoning overview for context.(/us/california/san-anselmo)

How variances, exceptions, and waivers function in San Anselmo (core rules)

• Authority split: Certain small, defined intrusions are processed administratively by the Planning Director / Planning and Building Director; larger or non-standard requests go to the Planning Commission (or Town Council on appeal). The code explains which requests can be handled administratively by referring to the Minor Intrusions Into Required Residential Development Standards Table (Table 4B); anything not on that table goes to the Commission. (§ 10‑3.1404; see administrative/commission split)

• Required findings for a variance: A variance may be approved only after the decision‑maker makes all required findings: (a) special circumstances of the property (size, shape, topography, location, surroundings) make strict application deprive the property of privileges enjoyed by similar nearby properties; and (b) the variance will not materially adversely affect health, safety, welfare, or neighboring properties. § 10‑3.1405

• Minor exceptions (administrative "minor intrusions"): The code sets up a separate, streamlined minor exception process intended for homeowner-scale deviations (deck landings, small additions, carports, fences, hot tubs, etc.). These are processed either by the Planning Director/Building Director or, at the Director’s discretion, by the Planning Commission. Approval requires findings specific to preserving light, air, privacy, and avoiding significant new nonconformities. Articles 14.5 / §§ 10‑3.14.501–10‑3.14.505

• Setback & height exceptions vs. variances: The code allows limited intrusions into setbacks/height via the exception process but reserves larger intrusions to the variance track. If, in the Planning Director’s judgment, the intrusion is not “minor” due to size, location, or potential use, the Director must require compliance or refer the applicant to the Commission for a variance. § 10‑3.406

• Public hearing requirement: Variance applications are subject to noticed public hearing procedures as required by California Government Code; variances are explicitly listed among actions that require a public hearing. § 10‑3.1601

• Sign variances: Sign variances follow a parallel but distinct process under the sign chapter; sign variances may only be granted by the Planning Commission, must be heard at a public hearing, and have tailored findings (e.g., avoid granting special privileges, self‑created hardship weighs against approval). §§ 10‑9.1101–10‑9.1102

• Lot access and parcel rules: Certain lot configuration outcomes (for example, a lot without full street frontage) or access via easement are permitted only by variance per the lot rules. § 10‑3.407(b)

• Interaction with housing density bonus / waivers: Where a waiver or modification of a development standard is sought as part of a density bonus or incentive, the Planning Director or Commission must make findings that the waiver is necessary for feasibility and that denying it would preclude development at the entitled density; the code also limits when waivers may be denied (e.g., specific adverse impacts). See the density bonus / waiver rules in the housing/density bonus provisions. (waiver/modification findings)

• ADU interplay: The ADU regulations reference exceptions and parking in multiple places; for example, the ADU chapter allows certain parking within setbacks where findings are made, and conversions of garages to ADUs have notice and design conditions that may interact with variance/exception requests—check the accessory dwelling sections in parallel. See the Town’s ADU rules.(/us/california/san-anselmo/adu) §§ cited in ADU article

District-by-district breakdown (what the Variance / Exception rules mean for each San Anselmo district)

Note: the ordinance places numeric standards and the full use lists in the Town’s Development Standards and Zoning tables (Table 4A and Table 4B). Where numeric values or full permitted-use lists are not included in the retrieved materials below, the table or that specific code text was not present in the retrieved excerpts — verify with the jurisdiction and Table 4A/4B. Development standards are summarized in the Town’s Development Standards pages.(/us/california/san-anselmo/development-standards)

R-1 (Single‑family residential)

• Purpose & where it applies: The code references the R‑1 district in design review and lot/size rules and in Slope Density provisions (e.g., Table 4C applies to R‑1 lots with slopes ≥15%). § 10‑3.409
• Typical permitted uses: Not listed in the retrieved excerpts; see Table 3A / Table 4A for the full use table. Not found in retrieved materials.
• Key dimensional standards: Numeric setbacks, lot area, lot coverage, and FAR are in Table 4A (Development Standards Table). The exception/variance procedures reference Table 4A as the controlling standards. Not found in retrieved materials (see Table 4A). Table 4A referenced in §§ 10‑3.14.501, 10‑3.406
• How variances/exceptions apply: Small residential intrusions are handled by the Minor Exceptions process (Table 4B list) and subject to findings in § 10‑3.14.505; larger deviations go to the Planning Commission as variances under § 10‑3.1405.

R-2 (Two‑family / multi-family residential)

• Purpose & use: The code references R‑2 in the same contexts as R‑1 for design review and development envelope rules but does not list the use table in the retrieved excerpts. Not found in retrieved materials; check Table 3A/Table 4A.
• Dimensional standards: In Table 4A (not included in snippets). Verify numeric setbacks, coverage, height limits in Table 4A.
• Variances/exceptions: Like R‑1, the minor exceptions list (Table 4B) and variance findings in § 10‑3.1405 control the route for modest vs. major adjustments. §§ 10‑3.14.504–505; 10‑3.1405

R-1-H (Precise Development / Historic overlay subtype)

• Purpose & where it applies: R‑1‑H appears in the ordinance as a district with a “Precise Development Plan” option and is singled out in public hearing requirements; see § 10‑3.1001 and § 10‑3.1601. Public hearings are required for R‑1‑H precise development plans. § 10‑3.1601; § 10‑3.1001
• Variance/exception implications: Projects affecting R‑1‑H parcels will follow the public hearing and findings tracks (variances are a noticed hearing item). Verify whether minor exceptions in Table 4B are applicable to R‑1‑H lots or whether the precise development plan supersedes. Verify with the jurisdiction.

Limited Commercial (C‑L) and General Commercial

• Purpose & typical uses: The code mentions Limited Commercial (C‑L) and General Commercial as zones where emergency shelters and other commercial uses may be permitted (with standards) and where conditional use findings differ (special traffic or operational findings). § 10‑12.03(a); § 10‑3.13 (conditional use findings)
• Dimensional standards: Numeric standards are in Table 4A (not included in retrieved materials). See Table 4A.
• Variances/exceptions: Variances for non‑residential standards (including sign variances) are routed to the Planning Commission (sign variances expressly so). Conditional uses have their own findings; waivers/modifications tied to housing density bonus have distinct findings under the density bonus article. §§ 10‑9.1101–1102; density bonus waivers

Public Facility

• Role: Identified as a zone permitting certain public or institutional uses and, together with C‑L and General Commercial, can allow emergency shelters under specific proximity and performance rules. § 10‑12.03(a)
• Variance/exception pathway: Same general variance/exception rules apply; check Table 4A/4B for numeric standards and Table 3A for permitted uses. Not found in retrieved materials.

Historic and Overlay districts

• The ordinance treats historic districts and certain overlays as special: ADU, design review, and waiver decisions must protect historical resources; waivers or exceptions that would adversely affect properties listed in the California Register of Historical Resources may be denied. See the historic / overlay rules and the Town’s Overlay Districts and Historic Preservation pages for local mapping.

Quick decision‑relevant standards and permits (table)

Checklist — what an applicant must prepare (minimum)

• Completed application form and fee as required by the Planning & Building Director (minor exceptions require a completed form and fee). § 10‑3.14.503
• Scaled site plan, elevations, floor plans showing the requested intrusion relative to property lines and existing structures (reference to Development Standards Table 4A and Minor Intrusions Table 4B) (Table references in §§ 10‑3.14.501, 10‑3.406)
• Written explanation addressing the required findings (for a variance: special circumstances and no material adverse effect; for a minor exception: de‑minimus impact and light/air/privacy considerations). § 10‑3.1405; § 10‑3.14.505
• Photographs of the site and neighboring conditions; a narrative showing why Table 4A standards are impractical if requesting waiver/variance. Verify whether a design review application is also required for the project.(/us/california/san-anselmo/design-review)
• If the request affects parking or ADU conversions (garage conversions, parking in setbacks), document compliance with the ADU chapter and parking standards.(/us/california/san-anselmo/adu) (/us/california/san-anselmo/parking) (ADU/parking cross‑references)
• Proof of ownership / authorization, and any environmental review documentation if required (CEQA). § 10‑3.904–905 references review requirements for planned developments; CEQA references in PD article

Risks & Ambiguities

Plain‑English summary

If your project only needs a small, clearly listed intrusion (see the Town’s Table 4B), you can often get a quicker administrative approval from the Planning Director if you show the impact is de minimis and won’t harm neighbors; for anything larger or unusual, you’ll need a variance from the Planning Commission and must demonstrate special property circumstances and no material harm to the neighborhood. §§ 10‑3.14.501–505; 10‑3.1405

Source References

• Required variance findings: § 10‑3.1405.
• Administrative vs Commission review / Minor Intrusions table reference: § 10‑3.1404 and Table 4B (Minor Intrusions).
• Minor Exceptions (purpose, application, findings, review): §§ 10‑3.14.501–10‑3.14.505.
• Setback and height exceptions: § 10‑3.406.
• Lot access / building site rules: § 10‑3.407(b) and § 10‑3.408.
• Public hearings and noticing rules (variances as hearing item): §§ 10‑3.1601–10‑3.1602.
• Density bonus / waiver findings and constraints (waiver/modification of development standards): (density bonus article excerpts).
• ADU-related exceptions, parking and conversion rules: ADU chapter excerpts (e.g., § 10‑6.303 for ADU parking).(/us/california/san-anselmo/adu)
• Sign variances are handled under the sign chapter: §§ 10‑9.1101–10‑9.1103.

Retrieved passages

• San Anselmo Zoning Code (§ 1) High relevance show source text
• San Anselmo Zoning Code (Section 10-3.1404) High relevance show source text
• San Anselmo Zoning Code (§ 1) High relevance show source text
• San Anselmo Zoning Code (Section 10-3.404) High relevance show source text
• San Anselmo Zoning Code (Article 1) High relevance show source text
• California Fire Code (Title 7) High relevance show source text
• San Anselmo Zoning Code (Section 65915) High relevance show source text
• San Anselmo Zoning Code (Section 10-3.1506) High relevance show source text

Cited sections

• Required variance findings: **§ 10‑3.1405**. (§ 10)
• Administrative vs Commission review / Minor Intrusions table reference: **§ 10‑3.1404** and **Table 4B** (Minor Intrusions). (§ 10)
• Minor Exceptions (purpose, application, findings, review): **§§ 10‑3.14.501–10‑3.14.505**. (§ 10)
• Setback and height exceptions: **§ 10‑3.406**. (§ 10)
• Lot access / building site rules: **§ 10‑3.407(b)** and **§ 10‑3.408**. (§ 10)
• Public hearings and noticing rules (variances as hearing item): **§§ 10‑3.1601–10‑3.1602**. (§ 10)
• Density bonus / waiver findings and constraints (waiver/modification of development standards): (density bonus article excerpts). (article excerpts)
• ADU-related exceptions, parking and conversion rules: ADU chapter excerpts (e.g., **§ 10‑6.303** for ADU parking).(/us/california/san-anselmo/adu) (chapter excerpts)
• Sign variances are handled under the sign chapter: **§§ 10‑9.1101–10‑9.1103**. (§ 10)
• SanAnselmo_ZoningCode.md

• Official San Anselmo code library