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

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

(a)

Endanger the lives of persons using adjacent streets and property;

(b)

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

(c)

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

(d)

Are aesthetically incompatible with adjacent real property.

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

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

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

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

Design review may be initiated by any of the following:

(a)

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

(b)

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

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

(Ord. No. 1184, § 6, 1-9-2024)

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

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

(a)

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

(b)

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

(c)

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

(d)

Site plan;

(e)

Exterior elevations;

(f)

Color and material samples; and

(g)

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

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

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

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

(a)

The Planning Director, or designee, may approve the following applications:

(1)

Any minor modifications to existing buildings, structures or improvements such as awnings, canopies, windows, doors, color changes, or other similar modifications.

(2)

All additions in residential zoning districts, subject to such review by the Planning Commission as may be required by another section of this Code.

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

Should a property require more than one (1) planning application and should any of those applications require Planning Commission review, then all planning applications associated with the property shall require Planning Commission review.

(b)

The Planning Commission shall review the following applications:

(1)

All exterior improvements to be constructed in the Town, except for those listed in subsection (a) of this section.

(2)

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

(3)

All exterior improvements to be constructed by the Town that have been referred to them pursuant to Section 10-3.1502. A report and recommendations as to those improvements to be constructed by the Town shall be advisory only.

(4)

Any request to exceed the maximum adjusted floor area under Section 10- 3.412(e) or Table 4E.

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

(§ 1, Ord. 917, eff. February 26, 1991, as amended by § 2, Ord. 949, eff. August 27, 1993)

(Ord. No. 1133, § 4, 3-12-2019; Ord. No. 1158, § 4, 11-9-2021; Ord. No. 1184, § 7, 1-9-2024)

The following projects are subject to design review.

(a)

Commercial, Professional, and Residential R-3 (four (4) or more units, churches, and convalescent homes):

(1)

All new buildings; and

(2)

All exterior modifications to buildings including changes to exterior paint colors and exterior finishes and new or replacement mechanical equipment.

(b)

Residential R-1-H: All exterior modifications to buildings, accessory structures, and the site including changes to exterior paint colors, exterior finishes, retaining walls, and site grading but excluding new or replacement mechanical equipment located in compliance with required setbacks and within building envelope and that meet all applicable requirements of the Town Noise ordinance.

(c)

Residential R-1-C and R-1 lots that include any area at or above one hundred fifty (150) feet Mean Sea Level (hillside):

(1)

New dwellings;

(2)

Any second story or higher additions; and

(3)

Any additions (which include deck and stairway structures, except those located on the uphill side of the dwelling) greater than five hundred (500) square feet in size. For purposes of determining additions, 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 size and identical or similar materials, design, and colors. Additions constructed after February 26, 1991, will be looked at cumulatively, henceforth, so that when the five hundred (500) square foot limit is triggered by the sum of all additions, design review will be required.

(4)

Any request to exceed the maximum dwelling size in Table 4E.

(d)

Residential R-1, R-2, and R-3 (three (3) or fewer units) lots below one hundred fifty (150) feet Mean Sea Level (flatland):

(1)

New dwellings;

(2)

Any second story or higher additions;

(3)

Any request to exceed the maximum adjusted floor area under Section 10- 3.412(e);

(4)

Additions where the new construction will increase existing Adjusted Floor Area by fifty (50%) percent or more; and

(5)

Additions in conjunction with the demolition of fifty percent (50%) or more of the existing exterior walls of a dwelling structure above the foundation. The Planning Director may develop written guidelines for what is included in exterior wall demolition, which shall be measured in square feet and shall include the square feet of windows and doors that are removed.

For purposes of making the above determinations, pre-existing development that will be replaced in kind shall not be counted where such replacement involves no material change in visual effect due to identical size and identical or similar design. Additions include decks, roof decks, and stairway structures. Demolition and a fifty (50%) percent building increase performed after March 24, 2009, will be looked at cumulatively, henceforth, so that when the limit is triggered by the sum of all the work performed, design review will be required.

(e)

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

(f)

All parking spaces created in required setbacks in association with conversion of a garage to an accessory dwelling unit pursuant to Section 10-3.504(b). The Town shall ministerially approve an application for an accessory dwelling unit created in compliance with State law, and no Design Review shall be required.

(g)

Any project subject to design review in the Minor Intrusions Into Required Residential Development Standards Table 4B.

(h)

All development within a Specific Planned Development District.

(i)

If the project provides affordable housing in accordance with California Government Code Section 65583.2, subdivisions (h) and (i), on a site identified in the Housing Opportunity Sites Inventory, then it is exempt from Design Review as otherwise prescribed in this section.

(§ 1, Ord. 917, eff. February 26, 1991, as amended by Ord. 967 (part), eff. June 27, 1995, § 2, Ord. 976, eff. July 10, 1996, § 2, Ord. 984, eff. July 10, 1997, and Exh. A, Ord. 1012, eff. April 13, 2000)

(Ord. No. 1069, 3-24-2009; Ord. No. 1119, § 7, 12-12-2017; Ord. No. 1133, § 4, 3-12-2019; Ord. No. 1150 § 2(Exh. 1), 9-22-2020; Ord. No. 1158, § 4, 11-9-2021; Ord. No. 1184, § 5, 1-9-2024)

Approval of design review, which may include the imposition of conditions, shall be made only after making the following findings. In making these findings, the Planning Director, or designee, or Planning Commission shall consider the size, proportions, use, type, and quality of materials; architectural features and ornamentation; night lighting; color application; signs; site placement of all features; existing and proposed landscaping and topography; existing and proposed open spaces and paved areas; screening devices; and other matters and elements deemed to be pertinent to the criteria set forth in this section. These findings are not intended to preclude innovative design.

(a)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Will not adversely affect the health or safety of persons using the improvement or endanger property located in the surrounding area; and

(6)

Is consistent with the Town General Plan.

(b)

Residential R-1, R-2, and R-3 (three (3) or fewer units) sites below one hundred fifty (150) feet Mean Sea Level (flatland):

(1)

Conformance to findings in Section 10-3.1506(a);

(2)

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

(3)

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

(4)

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

(5)

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

(c)

Residential R-1-H, R-1-C, and R-1 design review for lots that include any area at or above one hundred fifty (150) feet Mean Sea Level (hillside).

(1)

Conformance to the findings required by Section 10-3.1506(b);

(2)

Adequacy of screening; and

(3)

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

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

(d)

Request to exceed maximum dwelling size in Table 4E (residential lots that include any area at or above one hundred fifty (150) Mean Sea Level):

(1)

Conformance to findings in Section 10-3.1506 (c) above;

(2)

Will not be materially visible offsite;

(3)

Is of a scale, intensity, and design that integrates with the existing character of the surrounding neighborhood; and

(4)

Internal efficiency and/or space utilization problems exist.

(5)

Required conditions if approval is granted to exceed the maximum dwelling size guidelines based on existing landscaping:

(i)

A landscape plan shall be submitted showing location, type and size of existing landscapes screening, and

(ii)

Any existing landscape screening, which is part of an approved landscape plan, shall be maintained. If said landscaping is lost due to natural disaster, the owner shall replace it per the plan. If said landscaping is removed or neglected for any reason other than a natural disaster, the owner shall replace it per the plan and may be subject to either an infraction or a misdemeanor.

(e)

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

(1)

Conformance to findings in Section 10-3.1506(b) above; and

(2)

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

(f)

Professional and commercial (one thousand two hundred (1,200) square feet or more of gross floor area):

(1)

Conformance to findings in Section 10-3.1506(a); and

(2)

That the project will not be detrimental to the existing facade(s) of buildings constructed prior to January 1, 1960.

(g)

All parking spaces created in required setbacks in association with conversion of a garage to an accessory dwelling unit pursuant to Section 10-3.504(b) if the accessory dwelling unit is not exempt from Design Review pursuant to State law. Plans must be designed with sensitivity so that public views and neighbors are not impacted by the loss of landscaping and views of parked vehicles.

(1)

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

(2)

Findings required by Section 10-3.1506(a)

(3)

Required Conditions:

(i)

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

(ii)

The accessory dwelling unit shall not be used for occupancy for less than a 30 day term of tenancy.

(h)

Maximum Adjusted Floor Area Exception for lots below one hundred fifty (150) Mean Sea Level pursuant to Section 10-3.412:

(1)

Conformance to findings in Section 10-3.1506(b);

(2)

The dwelling and/or improvements were built prior to November 9, 2009;

(3)

The site will not exceed an Adjusted Floor Area of five thousand (5,000) square feet; and

(4)

Employs mass-reducing techniques such that the additional square footage over the maximum Adjusted Floor Area is reasonably mitigated and does not result in overbuilding of the lot.

(Ord. No. 1133, § 4, 3-12-2019; Ord. No. 1158, § 4, 11-9-2021; Ord. No. 1184, § 8, 1-9-2024)