existing town municipal code with proposed revisions

Existing Town Municipal Code with Proposed Revisions indicated by Red Underline (Addition) and Strike Through (Deletion)

Chapter 3 - ZONING*

Sections:

Article 3. - Land Use Regulations

LAND USE REGULATIONS TABLE TABLE 3A

"P" = Permitted Use "C" = Conditionally Permitted Use

"-" = Not Permitted

LAND USES DISTRICT R-1-H

R-1-C

R-1

R-2

R-3

(7)(8) P (7)(8)

C-1

(7)(8)

C-2

(7)(8)

C-L

(7)(8)

C-3

Accessory Uses

P P P P P (5) P C C (1) C C

Alcoholism and/or Drug Treatment Facility, Small

P P P P P - - - - -

Alcoholism and/or Drug Treatment Facility, Large

C C C C C - - - - -

Alcohol, Off-Sale

- - - - - - C C (1) C (2) C

Alcohol, On-Sale

- - - - - - - C - C

Amusement, Places of

- - - - - - - C - C

Animal Boarding

- - - - - - - C (1) C (1) C (1)

Animal Grooming and Supplies

- - - - - - - P P P

Appliances Repair, Domestic

- - - - - - P P P P

Comment [ES1]: Delete references to Footnote 7 and 8, since they do not exist.

Item 8 Attachment 2 Page 1 of 22

Appliances Sales, Domestic

- - - - - - - P P P

Audio/Video Sales and Service

- - - - - - - P (1) C C

Automotive, Bio-Diesel Fuel

- - - - - - - - - C (1)

Automotive, Gasoline, Full and Self Serve

- - - - - - - - (1)(3)(4)

C

(3)(4)

C

Automotive, Gasoline, Service Station, Full & Self Service

- - - - - - - - - (3)(4)

C

Automotive, Gasoline with Convenience Market

- - - - - - - - (1)(3)(4)

C

(3)(4)

C

Automotive, Rental

- - - - - - - - - C

Automotive, Sales

- - - - - - - - - C

Automotive, Service and Repair

- - - - - - - - (1) C C

Automotive, Wash

- - - - - - - - - C

Bakeries

- - - - - - P P (1) C P

Bakery Goods Stores

- - - - - - P P C (1) P

Bakery Goods Stores (no on-site baking)

- - - - - - P P (1) C P

Banks

- - - - - - - P - C

Bars

- - - - - - - C - C

Barber Shops

- - - - - - P P P P

Beauty Parlors

- - - - - - P P P P

Beauty Support Services

- - - - - - P P P P


Bed and Breakfast

- - - - C - C C - C

Bicycle, Sales and Repair

- - - - - - P - - P

Blueprinting Shops

- - - - - - - P P P

Book Stores

- - - - - - P P P P

Building Supplies and Lumber when within a building

- - - - - - - - - C

Business Machine Sales and Repairs

- - - - - - - P P P

Business Support Services

- - - - - - - P C (1) P

Butcher Shops

- - - - - - - P (1) C P

Candy Shops

- - - - - - - P P P

Caterers

- - - - - - - P P P

Churches

- - C C C - C C (1) C C

Cigar Stores

- - - - - - - P P P

Clothing Stores

- - - - - - P P P P

Communications Equipment Buildings

C C C C C C C C (1) C C

Computers, Sales & Repair

- - - - - - C P P P

Convalescent Homes

- - - - C C C C - C

Conversion of Residential Use to Professional or Commercial Use

- - - - - C C C C C

Dairy Product Stores

- - - - - - P P (1) C P

Day Care Centers

C C C C C C C C - C


Day Care, Large Family

C C C C C C C C - C

Day Care, Small Family

P P P P P (5) P C C - C

Delicatessens

- - - - - - - P (1) C P

Demolition of Structures

(9)

C

(9)

C

(9)

C

(9)

C

(9)

C (9) C (9) C (9) C (9) C (9) C

Department Stores

- - - - - - - P - P

Drive-Through Services

- - - - - - - - - C

Drug Stores, including

Drug and/or Alcoholism Treatment Facility, Small

P P P P P - - - - -

Drug and/or Alcoholism Treatment Facility, Large

C C C C C - - - - -

Dry Cleaners

- - - - - - P P P P

Dry Cleaners, Self-Serve

- - - - - - C C (1) C C

Electric Transmission Line Routes of 12 Kv or greater prior to ROW Acquisition

- C C C C C C C (1) C C

Emergency Shelter

- - - - - P - - P P

Entertainment, Places of

- - - - - - - C - C

Financial/Real Estate Services

- - - - - - - P P P

Fitness Center

- - - - - - P P C (1) P

Fitness Center, Classes as Primary Use

- - - - - - C C - C

Florists

- - - - - - C P P P


Food Stores (6:00 a.m. — 11:00 p.m. only)

- - - - - - P P - P

Food Stores, Before 6:00 a.m. and After 11:00 p.m.

- - - - - - C C - C

Foster Family Homes

P P P P P P P P - P

Furniture Stores

- - - - - - - P P P

Gift Stores

- - - - - - - P P P

Hardware Stores

- - - - - - P P P P

Home Occupations

P P P P P P P (5) P - P

Hospitals

- - - - - P P P - P

Hotel

- - - - C - - C - C

Institutional, Public

- - P P P P P P P P

Institutional, Non-Profit

- - C C C C C C (1) C C

Jewelry Stores

- - - - - - - P P P

Laundries

- - - - - - P P (1) C P

Laundry, Self-Serve

- - - - - - C C (1) C C

Leather Goods Stores

- - - - - - - P P P

Mail Service

- - - - - - - P (1) C P

Manufacturing, Light

- - - - - - - C (1) C (1) C (1)

Motorcycles, Sales

- - - - - - - - - C

Motorcycles, Service and Repairs

- - - - - - - - (1) C C


Musical Instrument Sales and Service

- - - - - - - P P P

Nursery, Garden

- - - - - - - C (1) C P

Nursery School

C C C C C C C C - C

Outdoor Sales and Rental

- - - - - - C C (1) C C

Paint Stores

- - - - - - - P (1) C P

Parking Area Serving Off-Site Commercial Use, Off-Street (10)

- - C C C - - - - -

Parking Garage, Commercial

- - - - - - C C - P

Parking Lots, Commercial

- - - - - - C C - P

Parks, Public

P P P P P P P P - C

Pediatric Day Health and Respite Care Facility

P P P P P - - - - C

Pet Stores

- - - - - - - P P P

Pharmacy

- - - - - - - P (1) C P

Photographic Equipment Sales and Service

- - - - - - - P P P

Preschool

C C C C C C C C - C

Printing Shops

- - - - - - P P P P

Professional, Dental

- - - - - (5) P P P (1) C P

Professional, Medical

- - - - - (5) P P P (1) C P

Professional, Medical Clinics

- - - - - - - - - C

Comment [ES2]: Delete footnote reference, since there is no footnote 10. Text in former Footnote 10 was moved to Section 10-3.506 (e) and provides, "(e) Off-street parking areas in conjunction with commercial uses may be permitted in the "R" Districts on properties adjoining "C" Districts upon the securing of a use permit in accordance with Article 13 of the San Anselmo Municipal Code."


Professional, Offices

- - - - - (5) P P P (1) C P

Professional, Optician

- - - - - (5) P P P (1) C P

Professional, Optometrist

- - - - - (5) P P P (1) C P

Professional, Real Estate

- - - - - - - P (1) C P

Professional, Veterinary Clinics

- - - - - (5) P P P (1) C P

Recreation, Places of

- - - - - - - C - C

Rental Libraries

- - - - - - P P - P

Residential Care Facility, Large

C C C C C - - - - -

Residential Care Facility, Small

P P P P P - - - - -

Residential Care Facility for Persons with a Chronic Life-Threatening Illness,

Large C C C C C - - - - -

Residential Care Facility for Persons with a Chronic Life-Threatening Illness,

Small P P P P P - - - - -

Residential Care Facility for the Elderly, Large

C C C C C - - - - -

Residential Care Facility for the Elderly, Small

P P P P P - - - - -

Residential, Accessory Dwelling Units

P P P P P -P -P -P -P -P

Residential, Multi-Family

- - - - P C C C C C

Residential, Single Family Attached

- - - P P C C C C C

Residential, Single Family Detached

P P P P P C C C C C


Restaurant

- - - - - - - P (1) C P

Restaurant, Cafes

- - - - - - C P (1) C P

Restaurants, Fast Food

- - - - - - - - - C

Restaurants, Take-Out

- - - - - - - - - C

Savings & Loan Institution

- - - - - - - P - P

Schools, Public

- - P P P P C C - C

Schools, Private

- - C C C C C C - C

Schools, Religious

- - C C C C C C - C

Shoe Repair

- - - - - - P P P P

Sporting Goods Stores

- - - - - - - P (1) C P

Stationery Stores

- - - - - - - P P P

Studios

- - - - - (5) P P P (1) C P

Supportive Housing

P P P P P - C C C C

Tool Repair, Commercial

- - - - - - - C (1) C C

Toy Stores

- - - - - - - P (1) C P

Transitional Housing

P P P P P - C C C C

Transportation Services, Bus Depots

- - - - - - - P - P

Travel Bureaus

- - - - - - - P P P

Utility Substations


Variety Stores

- - - - - - P P C P


Wall Paper Stores

- - - - - - - P P P

Water Tanks


Wholesale Distribution

- - - - - - - - - C

Wholesale Warehouses

- - - - - - - - (1) C C

Windmills

- C C C C C C C - C

Wireless Sales

- - - - - - - P C (1) P

LAND USE REGULATIONS TABLE TABLE 3A

Notes:

(1) Reference Section 10-1305 of Article 13 of this Chapter.

(2) Services provided before 8:00 a.m. and after 6:00 p.m. are subject to the granting of a conditional use permit. Reference Article 13 of this Chapter.

(3) Reference Chapter 6 of this Title.

(4) Upon change of occupancy, buildings or leasable space having a minimum of one thousand two hundred (1,200) square feet of gross floor area shall be subject to the granting of a conditional use

permit and design review as set forth in Articles 13 and 15 of this Title.

(5) Reference Article 5 of this Title.

Article 5. - Parking and Loading Regulations

10-3.501 - Purpose and intent.


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

10-3.502 - Parking standards.

The Parking Standards Table, referred to as Table 5A, lists the minimum parking requirements for each use or activity. If a particular use or activity is not listed in the Parking Standards Table, then establishment of parking requirements for that use or activity shall be determined by the Planning Commission after the preparation of a parking demand study for the proposed use or activity.

10-3.503 - Enlargement, increased capacity and intensity of use to commercial buildings.

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

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

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

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

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

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

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

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

(3) When a garage, carport, or covered parking structure is structurally altered or modified to create an accessory dwelling unit, each converted parking space shall be replaced with one (1) legal parking space that complies with all provisions for setbacks, siting and size prior to the first inspection for the building permit., but tThe spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. Parking required under this section (3) may be located within a required setback with design review approval pursuant to Article 15 of this chapter; and

(4) For residential development, the garage door shall remain in place and look functional, or the garage door shall be removed. If the door is removed, the project shall include architectural features (including siding, doors, windows, trim and accent details), and landscaping (such as a

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landscape strip to disconnect the driveway from the building wall) so it is not apparent that the structure was originally a garage.

10-3.505 - Mixed use parking requirements.

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

10-3.506 - Parking space: Location.

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

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

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

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

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

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

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

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

(5) Such garages shall otherwise meet all requirements of this chapter.

(e) Off-street Pparking areas for in conjunction with commercial uses may be permitted in the "R" Districts on properties adjoining "C" Districts upon the securing of a use permit in accordance with Article 13 of the San Anselmo Municipal Code.

10-3.507 - Parking space: Dimensions.

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

PARKING STANDARDS TABLE

Item 8 Attachment 2

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TABLE 5A

RESIDENTIAL LAND USE NUMBER OF REQUIRED

ON-SITE PARKING SPACES (1)(2)

Single-Family Dwelling, Attached or Detached, and Located below 150 mean sea level elevation

Two (2) spaces per living unit

Single-Family Dwelling, Attached or Detached, and Located above 150 mean sea level elevation

Three (3) spaces per living unit (3)

Accessory Dwelling Units See Title 10, Chapter 6

Multi-Family Living Unit:

Studio or 1-bedroom living unit One (1) space per unit

2-bedroom living unit One and one-half (1½) spaces per unit

3 or more bedroom living unit Two (2) spaces per unit

NON-RESIDENTIAL LAND USE NUMBER OF REQUIRED ON-SITE PARKING

SPACES (1) (2)

Church, College/University Auditorium, High School and Other Places of Public Assembly

One (1) space for each ten (10) fixed seats

Convalescent Home, Hospital One (1) space for every two (2) beds

Auditorium, Theater, Other Similar Places of Assembly One (1) space for each five (5) seats

Commercial Place of Amusement, Assembly Hall Without Fixed Seats, Dance Hall

One (1) space for each 100 gross square feet building floor area

Hotel, Motel One (1) space for each guest room

Communication Equipment Building Three (3) spaces PLUS one (1) space for each

500 gross square feet of building floor area PLUS two (2) spaces for each two (2) employees on

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duty on the maximum shift

Other Business, Commercial, Public Utility Buildings Three (3) spaces PLUS one (1) space for each 500 gross square feet of building floor area

Notes:

(1) Any calculation of parking space requirements which results in a fractional parking space shall be rounded up to the next full parking space.

(2) A tandem parking space is not allowed to fulfill the legal parking space requirement unless otherwise noted in this chapter.

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

Article 15. - Design Review*

10-3.1501 - Purpose and intent.

The purpose of design review is to minimize adverse effects of poor or inappropriate exterior design of improvements to real property by providing for the review of the design of certain buildings and improvements hereafter constructed in the Town.

Poor or inappropriate exterior design of improvements to real property adversely affects the health, safety, and welfare of the residents of the Town by creating conditions which:

(a) Endanger the lives of persons using adjacent streets and property;

(b) Decrease property values in the surrounding area or the Town as a whole;

(c) Impair the comfort and well-being of the persons using such real property; and/or

(d) Are aesthetically incompatible with adjacent real property.

The intent of design review is to ensure the above adverse effects are eliminated or minimized through the imposition, if necessary, of conditions that cause the improvements to comply with the intent of this chapter.

The Town shall seek to encourage creativity and variety in design by the review established by the provisions of this chapter. The term "improvement," as used in this section, shall be liberally interpreted and shall include the construction, alteration, and repair of all buildings, structures, access structures, and facilities on real property and appurtenances thereto.

No improvement subject to design review shall thereafter be constructed, located, repaired, altered, or thereafter maintained, except with a design approved in accordance with Section 10-3.1601 of this chapter of the San Anselmo Municipal Code.

10-3.1502 - Initiation of design review.

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Design review may be initiated by any of the following:

(a) The owner or owners of record of a lot or lots for which design review is sought; or

(b) The Town Council, when such design review is required for activities taken on behalf of the Town. The initiation of design review by the Town Council may be either upon the Council's initiation, or by recommendation of the Planning Director of the Planning Commission.

10-3.1503 - Application requirement.

Any person or entity proposing to construct or locate in the Town an improvement subject to design review hereunder shall file an application for design review with the Planning Department.

An application for design review shall include, at a minimum, the following:

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

(b) A completed environmental worksheet of a content and form specified by the Planning Director;

(c) Payment of fees for the review and processing of design review, in a fashion and manner as may be prescribed by the Town Council;

(d) Site plan;

(e) Exterior elevations;

(f) Color and material samples; and

(g) Any other information deemed necessary, such as story poles, by the Planning Director.

10-3.1504 - Review of design review.

Design review may be acted upon either by (1) the Planning Director; or (2) after the Town Planning Commission conducts one or more public hearings on the design review.

The following identifies which design review applications shall be acted upon by the Planning Director and which design review applications shall be acted upon by the Planning Commission:

(a) Planning Director.

(1) Any minor modifications to existing buildings, structures or improvements such as: awnings, canopies, windows, doors, color changes, automated teller machines, other modifications similar to the above.

(2) All new dwellings or additions which may be subject to administrative design review per Table 4A - Development Standards.

The Planning Director shall refer any of the above to the Planning Commission if, in the opinion of the Planning Director, review by the Commission is desirable.

Should a property require more than one planning application, and should any of those applications require Planning Commission review, then all planning applications associated with the property shall require Planning Commission review.

(b) Planning Commission.

(1) The Planning Commission shall review the design of all exterior improvements to be constructed in the Town, with the exception of those listed in subsection (a) of this section.

(2) The Planning Commission shall review the design of all exterior improvements to be constructed by public school districts and other governmental agencies to the extent permitted by law or by the agencies involved. Following such review, the Commission shall submit a written report of its recommendations and comments to the body proposing to construct the improvement.

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(3) The Planning Commission shall review the design of all exterior improvements to be constructed by the Town. A report and recommendations as to those improvements to be constructed by the Town shall be advisory only.

Additions or repairs to any existing improvement shall not be subject to design review if the exterior thereof is not to be altered.

10-3.1505 -– Projects subject to design review and Rrequired findings for design review.

The following projects are subject to design review and Aapproval of design review, which may include the imposition of conditions, shall be made only after the making of the following findings. These findings are not intended to preclude innovative design.

(a) Commercial, Professional, and Residential R-3 (four (4) or more units, churches, and convalescent homes) design review.

(1) Is functionally and aesthetically compatible with the existing improvements and the natural elements in the surrounding area;

(2) Provides for protection against noise, odors, and other factors which may make the environment less desirable;

(3) Will not tend to cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in such area;

(4) Will not create unnecessary traffic hazards due to congestion, distraction of motorists, or other factors and provides for satisfactory access by emergency vehicles and personnel; and

(5) Will not adversely affect the health or safety of persons using the improvement or endanger property located in the surrounding area.

In making these findings, the Planning Director or Planning Commission shall consider the size, proportions, use, type, and quality of materials; architectural features and ornamentation; night lighting; color application; signs; site placement of all features; existing and proposed landscaping and topography; existing and proposed open spaces and paved areas; screening devices; and other matters and elements deemed to be pertinent to the criteria set forth in this section.

(b) Residential R-1-H, R-1-C, and R-1 design review on or above one hundred fifty (150) feet msl (hillside).

(1) For R-1 H properties: All construction requires the approval of Design Review.

(2) For R-1 C properties: All new dwellings and all additions (which include deck and stairway structures, except those located on the uphill side of the dwelling) greater than five hundred (500) square feet in size require the approval of Design Review. For purposes of determining additions, pre-existing development that will be replaced in kind, will not be counted toward the five hundred (500) square feet, where such replacement involves no material change in visual effect due to identical or similar materials, design, and colors. Additions constructed after February 26, 1991, will be looked at cumulatively, henceforth, so that when the five hundred (500) square foot limit is triggered by the sum of all additions, design review will be required.

Where the applicant demonstrates, to the satisfaction of the Planning and Building Director, that the proposed development satisfies the criteria below, the Planning and Building Director may grant an administrative Design Review approval under this section for dwellings or additions having

(a) Less than eight hundred (800) square feet absent significant visual impact; or

(b) Less than one thousand two hundred (1,200) square feet if the proposed development is not materially visible offsite.

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(3) For R-1 properties: All new dwellings and all additions (which include decks, roof decks, and stairway structures, except those located on the uphill side of the dwelling) greater than five hundred (500) square feet in size on lots located at or above one hundred fifty (150) mean sea level require the approval of Design Review in accordance with the provisions of Section 10-3.1501 of the San Anselmo Municipal Code. For purposes of determining additions, pre-existing development that will be replaced in kind, will not be counted toward the five hundred (500) square feet, where such replacement involves no material change in visual effect due to identical or similar materials, design, and colors. Additions constructed after February 26, 1991, will be looked at cumulatively, henceforth, so that when the five hundred (500) square foot limit is triggered by the sum of all additions, design review will be required.

Where the applicant demonstrates, to the satisfaction of the Planning and Building Director, that the proposed development satisfies the criteria below, the Planning and Building Director may grant an administrative Design Review approval under this section for dwellings or additions having

(a) Less than eight hundred (800) square feet absent significant visual impact; or

(b) Less than one thousand two hundred (1,200) square feet if the proposed development is not materially visible offsite.

Required Findings:

(1) Conformance to the findings required by Section 10-3.1505(a);

(2) Adequacy of screening;

(3) Selection of architectural features and colors that enable the structure to blend with its environment and which results in a low visual profile.

For R-1-C, R-1 and R-3 properties, the level of compliance shall be less stringent than that required for R-1-H properties if the Planning Commission, in making its review, is able to quantify the extent of any reduced adverse impact the application has on the Town, as a whole.

(c) Residential design review if exceeding maximum dwelling size (Table 4E). Conformance to findings in Section 10-3.1505(a) and (b) above, and those in Table 4E.

(d) Residential R-1, R-2, and R-3 (three (3) or fewer units) administrative design review below one hundred fifty (150) feet msl (flatland).

All new dwellings and all additions (including decks, roof decks, and stairway structures) on lots below 150 mean sea level shall require administrative Design Review if 1) the new construction is on a second or third story with a combined square footage greater than four hundred (400) square feet in size; or 2) the new construction is for an increase in total floor area or fifty (50%) percent or more; or 3) the new construction is in conjunction with the demolition of fifty (50%) percent or more of the existing exterior walls of a dwelling structure. For purposes of making the above determinations, pre-existing development that will be replaced in kind shall not be counted where such replacement involves no material change in visual effect due to identical or similar design. Additions (including decks, roof decks, and stairway structures) constructed after July 28, 2005 will be considered cumulatively, henceforth, so that when the four hundred (400) square foot limit is triggered by the sum of all additions, design review shall be required. Demolition and a fifty (50%) percent building increase performed after (the date of this ordinance) will be looked at cumulatively, henceforth, so that when the limit is triggered by the sum of all the work performed, design review will be required.

Required Findings:

(1) Will not unreasonably impair access to light and air of structures on neighboring properties;

(2) Will not unreasonably affect the privacy of neighboring properties including not unreasonably affecting such privacy by the placement of windows, skylights and decks;

(3) Will be of a bulk, mass and design that complements the existing character of the surrounding neighborhood; and

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(4) Will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

(e) Residential R-1 and R-2 design review for additions to existing dwellings and accessory structures originally and legally built less than eight (8) feet but not less than five (5) feet from the interior side property line.

(1) Conformance to findings in Section 10-3.1505(d) above; and

(2) Is of a scale, intensity, and design that complements the existing character of the surrounding neighborhood.

(f) Professional and commercial (one thousand two hundred (1,200) square feet or more of gross floor area); that the project will not be detrimental to the existing facade(s) of buildings constructed prior to January 1, 1960.

(g) All parking spaces created in required setbacks in association with conversion of a garage to an Accessory Dwelling Unit pursuant to 10-3.504(b) are subject to design review and plans must be designed with sensitivity so that public views and neighbors are not impacted by the loss of landscaping and views of parked vehicles.

Required Findings:

(1) Visual effects have been mitigated with screening and landscaping, including plants, trees, berms, fencing or walls; and

(2) Findings required by Section 10-3.1505(a).

Required Condition:

(1) A building permit shall be required to remove the kitchen, separate entrance, or bathroom of the Accessory Dwelling Unit. No building permit shall be issued to remove the kitchen, separate entrance, or bathroom in the Accessory Dwelling Unit unless either: 1.) the project includes restoring the garage for vehicle parking; or 2.) the site has the required number of on-site parking spaces as required by the Parking Standards Table, referred to as Table 5A, of the San Anselmo Municipal Code and the spaces comply with all provisions for setbacks, siting, configuration and size.

Article 17. - Definitions

10-3.1701 - Purpose and intent. [PARTIAL LIST]

"Accessory dwelling unit." Refer to Title 10, Chapter 6, Section 10-6.103.

"Bedroom" means a room capable of serving as a room for sleeping as may be more precisely defined by the Uniform Building Code.

"Kitchen." A room or space within a building used or intended to be used for cooking or preparation of food, which includes any of the following: stove, oven, range top, convection oven, cooking burners, microwave oven or refrigeration equipment. A separate or second kitchen does not exist if configuration of appliances and the floorplan clearly indicate that the space will not and cannot be used as a separate living unit, such as an unenclosed pool cabana. Interpretation of whether or not an area is or is not a separate kitchen shall be by the Planning Director pursuant to this section.

Residential second unit. Refer to "accessory dwelling unit."

"Residential second unit - nonconforming." A residential unit approved as a residential second unit through the issuance of a conditional use permit or a residential second unit that has been occupied as such since 1963 and registered with the TownRefer to "Nonconforming accessory dwelling unit" in Title 10, Chapter 6, Section 10-6.103.

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"Residential unit" means a building, or portion of a building, designed for occupancy as living quarters by one (1) household and having no more than one (1) kitchen and at least one (1) bathroom. A residential unit may be either detached, attached, multi-family, or may be a manufactured structure. A residential unit may be owned, either wholly or as part of a condominium or stock cooperative, or may be rented as an apartment. Also includes "dwelling unit."

Chapter 6 - ACCESSORY DWELLING UNITS

Article 1. - Purpose, Applicability, Definitions

10-6.101 - Purpose.

This chapter provides regulations for developing accessory dwelling units. The purpose of permitting accessory dwelling units is to expand the opportunity for small, lower cost, housing units in San Anselmo, while preserving the character of residential neighborhoods.

10-6.102 - Applicability.

An accessory dwelling unit may be constructed on a lot that meets all of the following minimum standards:

(a) Zoning district. A lot located within a single family or multifamily zoning district (R-1-C, R-1-H, R-1, R-2 or R-3) or any commercial zoning district (C-1, C-2, C-3, C-L or P).

(b) Existing primary dwelling unit. A lot that is presently developed with one (1) primary dwelling. In addition, an accessory dwelling unit may be approved in connection with a building permit to construct a new primary dwelling. An accessory dwelling unit may not be constructed on a lot that is developed with more than one (1) dwelling or commercial uses.

(c) Conforming parking. The parking spaces on the lot conform to the required parking dimensions, access, surface and number of spaces, Sections 10-3.502, 10-3.507, 10-3.509, 10-3.511, and Table 5A of this Code and the lot will continue to have conforming parking after development of the accessory dwelling unit. Nonconforming residential second units in existence at the time of this ordinance adoption shall be allowed to continue until such time as the properties containing such nonconforming units expand or enlarge any building area, or until such time as fifty (50%) percent or more of the primary living unit or residential second unit should be destroyed. Thereafter, all residential second units shall conform to the provisions of this ordinance.

(Ord. No. 1115, § 14, 2-28-2017)

10-6.103 - Definitions.

In addition to the terms defined by Article 17 (Definitions), the following terms shall have the following meanings as used in this chapter:

"Accessory dwelling unit" means a dwelling unit ancillary to a primary dwelling unit, on the same parcel as the primary dwelling unit is situated, that provides complete independent living facilities for one (1) or more persons. It shall include one (1) kitchen, one (1) room capable of serving as a room for sleeping, at least one (1) bathroom, and a separate entrance from the primary dwelling unit. permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit may have an interior entry to the primary dwelling unit. An accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Attached accessory dwelling unit" means an accessory dwelling unit that is constructed as a physical expansion (i.e., addition) of a primary dwelling unit, and also includes an existing garage attached to a primary dwelling unit that is legally converted (fully or partially) to an accessory dwelling

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unit, and construction of a new basement or story underneath a primary dwelling unit to accommodate an accessory dwelling unit.

"Detached accessory dwelling unit" means an accessory dwelling unit that is constructed as a separate structure from the primary dwelling unit, and also includes an existing garage detached from the primary dwelling unit that is legally converted (fully or partially) to an accessory dwelling unit.

"Kitchen." A room or space within a building used or intended to be used for cooking or preparation of food, which includes any of the following: stove, oven, range top, convection oven, cooking burners, microwave oven or refrigeration equipment. A separate or second kitchen does not exist if configuration of appliances and the floorplan clearly indicate that the space will not and cannot be used as a separate living unit, such as an unenclosed pool cabana. Interpretation of whether or not an area is or is not a separate kitchen shall be by the Planning Director pursuant to this section.

"Interior accessory dwelling unit" means an accessory dwelling unit that is legally created entirely within the existing living area of a primary dwelling unit or existing living area of an accessory structure.

"Existing garage" means a legally constructed attached or detached garage that is in existence and/or granted a certificate of occupancy prior to January 1, 2017.

"Existing living area" means the legally constructed living area of a primary dwelling unit or accessory structure that is in existence and/or granted a certificate of occupancy prior to January 1, 2017.

"Living area" means the interior habitable floor area of a dwelling unit, as measured to the outside surface of exterior walls, including basements and attics but does not include a garage or any accessory structure that was not developed for habitable space.

"Floorspace" means the gross floor area of a detached accessory dwelling unit as measured to the outside surface of exterior walls, including its living area, basement area whether conditioned or unconditioned, and any garage or other enclosed accessory structure attached to the detached accessory dwelling unit.

"Passageway" as defined in Government Code Section 65852.2(i)(5), as amended, means a pathway that is unobstructed to the sky and extends from a street to the entrance of an accessory dwelling unit.

"Public transit stop" means a Golden Gate Transit and/or Marin Transit bus stop that is served by weekday bus service (through multiple routes) every thirty (30) minutes between 7:00 a.m. and 9:00 a.m. and 4:00 p.m. and 6:00 p.m.

"Nonconforming accessory dwelling unit" for the purposes of this chapter shall mean:

(a) A residential unit approved as an accessory dwelling unit through the issuance of a conditional use permit, or

(b) An accessory dwelling unit that has been occupied as such since 1963 and registered with the Town.

(Ord. No. 1115, § 14, 2-28-2017)

Article 2. - Standards for Accessory Dwelling Units

10-6.201 - Parking.

Off-street pParking for accessory dwelling units shall be provided in compliance with the following provisions:

(a) Except as provided in subsection (b) and (c), one (1) permanently surfaced parking space shall be provided for each attached or detached accessory dwelling unit in accordance with Section 10.3.507 of this Code. Said parking space may be tandem and within any of the setback areas, provided however that any such parking space within a public right-of-way must be approved by the Public

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Works Director to ensure that such parking location does not constitute a potential public safety hazard.

(b) No additional parking shall be required for interior accessory dwelling units.

(c) The parking requirement for an attached or detached accessory dwelling unit under subsection (a) of this section, shall not apply in the following instances:

(1) The accessory dwelling unit is located within one (1) mile walking distance of a public transit stop.

(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.

(3) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(4) When there is a pick up or drop off location for a car share vehicle (as defined by the California Vehicle Code) located within one (1) block of the accessory dwelling unit.

(d) Demolition of existing covered parking and conversion of existing parking spaces to uses other than vehicle parking. See requirements at Article 5 Parking and Loading Regulations, Section 10-3.504(b)(3).

(Ord. No. 1115, § 14, 2-28-2017)

10-6.202 - Height, location, and setbacks.

Accessory dwelling units shall either be attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. Accessory dwelling units shall satisfy the required building height and setback standards applicable to a primary dwelling unit as specified by the zoning district in which the lot is located except that:

(a) A detached accessory dwelling unit shall be a maximum of fourteen (14) feet in height and is limited to a single, ground floor, story or basement. The height limit shall be measured from the Base Flood Elevation plus one (1) foot of freeboard in Special Flood Hazard Areas on the adopted Town Flood Insurance Rate Map.

(b) No setback shall be required for an existing garage that is converted to an accessory dwelling unit. Any expansion of the structure shall comply with applicable setback requirements.

(c) No setback shall be required for an interior accessory dwelling unit.

(Ord. No. 1115, § 14, 2-28-2017)

10-6.203 - Lot coverage, floor area ratio, and density.

For the purposes of determining maximum lot coverage and floor area ratio requirements, residential second unit square footage shall be calculated as a part of the primary living unit, and subject to the limitations provided in this Title. A maximum of one (1) residential second unit shall be permitted per residential lot containing a single-family dwelling.

Pursuant to state law, an accessory dwelling unit that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.

(Ord. No. 1115, § 14, 2-28-2017)

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10-6.204 - Minimum and Maximum size.

Accessory dwelling units shall have at least one hundred fifty (150) square feet of living area and shall not exceed eight hundred (800) square feet in floor area. Accessory dwelling units may be smaller if located within a primary dwelling unit or in a detached structure that complies with all setback requirements in Table 3A. In no case shall the living area for an attached or interior accessory dwelling unit exceed fifty (50%) percent of the existing living area of the primary dwelling unit. Accessory dwelling units shall include no more than two (2) bedrooms.

(Ord. No. 1115, § 14, 2-28-2017)

10-6.205 - Architectural design standards.

Accessory dwelling unit construction shall be of complimentary materials, colors, and style as the exterior of the primary living unit including roof, eaves, windows, accents, and doors.

Further, new accessory dwelling units at or above one hundred fifty (150) mean sea level shall provide screening from off-site views. Screening may include landscaping and/or natural forms.

The following standards apply to accessory dwelling units located within required side and rear setbacks for the district in which the unit is located, pursuant to Table 3A:

(a) The entrance to the accessory dwelling unit shall minimize noise and privacy impacts for neighbors by facing the entrance towards the interior of the lot and/or away from neighboring development where possible, unless the accessory dwelling unit is directly accessible from an alley, public path, or public street.

(b) Any new windows that face an adjoining residential property shall be designed to protect the privacy of neighbors, such as by use of opaque glass or sill heights above eye level; alternatively, fencing or landscaping shall be required to provide screening.

(Ord. No. 1115, § 14, 2-28-2017)

10-6.206 - Exceptions to standards.

Exceptions to Sections 10-6.201 through 10-6.205 may be permitted subject to approval of a conditional use permit in accordance with Article 13 of this Title. However, the total area of floor space for a detached accessory dwelling unit shall not exceed twelve hundred (1,200) square feet. A setback of at least five (5) feet is required from the side and rear lot lines for an accessory dwelling unit that is constructed above a garage.

(Ord. No. 1115, § 14, 2-28-2017)

10-6.207 - General Requirements and Restrictions.

The following requirements and restrictions apply to accessory dwelling units:

(a) All accessory dwelling units shall satisfy all applicable general performance, site development, landscaping, and other standards and requirements in the Town Municipal Code and adopted Town Council resolutions including, but not limited to, Title 4, Chapter 13, Private Trees; Title 6, Chapter 8, Urban Runoff Pollution Prevention; Title 7, Chapter 12, Watercourses; and Title 9, Building Regulations.

(b) The unit shall not be intended for sale separate from the primary residence (including creation of a stock cooperative or similar common interest ownership arrangement) and may be rented.

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(c) For sites within a Flood Hazard Area on the adopted Federal Emergency Management Agency Flood Insurance Rate Map, the finished floor of any new or legalized accessory dwelling unit shall be elevated at least one (1) foot above the Base Flood Elevation as "new construction" under Title 7, Chapter 11, Protection of Flood Hazard Areas, even if the project would not be considered a "substantial improvement." The applicant shall submit an Elevation Certificate based on construction drawings with the building permit plans and a final Elevation Certificate shall be required prior to project final.

(d) An accessory dwelling unit shall include separate exterior access from the primary dwelling unit and may include an interior connection. A passageway from the accessory dwelling unit to a public street may be created, but shall not be required by the Town.

(e) The Building Department and Ross Valley Fire Department shall confirm that side and rear setbacks are sufficient for fire safety.

(Ord. No. 1115, § 14, 2-28-2017)

Article 3. - Administration and Enforcement

10-6.301 - Administration.

Any person proposing to create or construct an accessory dwelling unit that complies with Sections 10-6.201 through 10-6.205 and 10-6.207, or has received an exception with a use permit, shall submit a building permit application to the Building Department with a site plan, elevations, color and materials samples, and any other information deemed necessary to administer this chapter, even if no construction is proposed. The Town shall consider the building permit application ministerially, without discretionary review or a hearing. The Town shall issue or deny the building permit application for an accessory dwelling unit within one hundred and twenty (120) days of submittal.

The Town Council may authorize by resolution a fee for conditional use permits and the ministerial review of accessory dwelling units.

(Ord. No. 1115, § 14, 2-28-2017)

10-6.302 - Prior conditions not applicable.

This chapter supersedes any Town conditions on existing accessory dwelling units that comply with Sections 10-6.201 through 10-6.205 and 10-6.207, including owner occupancy or rent control, that were imposed as conditions of approval on accessory dwelling units that the Town approved prior to the effective date of this chapter if the conditions would not apply under current regulations. The Planning Director is authorized to void recorded deed restrictions that comply with this section at the request of a property owner.

(Ord. No. 1115, § 14, 2-28-2017)

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existing town municipal code with proposed revisions

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