A public hearing shall be conducted as prescribed by the California Government Code, as may be amended from time to time, for the following:

(a)

Zoning ordinance amendments;

(b)

Preliminary Planned Districts;

(c)

Specific Planned Districts;

(d)

R-1-H Precise Development Plans;

(e)

Tentative maps;

(f)

Variances;

Public hearings shall be conducted by the Planning Commission or the Town Council, as appropriate to the specific discretionary action.

Any Design Review, Conditional Use Permit, Demolition Permit or Variance application to be considered by the Planning Commission shall be considered at a noticed public meeting.

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

(Ord. No. 1133, § 5, 3-12-2019; Ord. No. 1150 § 2(Exh. 1), 9-22-2020; Ord. No. 1158, § 5, 11-9-2021)

Notice of all public hearings and meetings shall be given in accordance with the California Government Code, and shall include at least one (1) of the following:

(a)

Notice shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

(b)

Notice shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide these facilities and services may be significantly affected.

(c)

Notice shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing, unless a greater distance is specified by adopted Town Council policy. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), notice may be given by placing a display advertisement of at least one-eighth ( 1/8 ) page in one (1) newspaper of general circulation within the Town at least ten (10) days prior to the hearing.

(d)

A notice shall be posted at least ten (10) days prior to the public hearing in at least three (3) public places within the Town, including one (1) public place in the area directly affected by the hearing.

(e)

The notice shall include, at a minimum, the date, time, and place of the public hearing, the identity of the hearing body or officer, a general explanation of the item to be considered, and a general description, in either text or diagram, of the location of the real property, if any, which is the subject of the hearing.

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

(Ord. No. 1133, § 5, 3-12-2019; Ord. No. 1158, § 5, 11-9-2021)

Public notice for the following actions by the Planning Director shall be provided as follows:

(a)

No public notice for any Exceptions for minor intrusions into required residential development standards in Table 4B;

(b)

No public notice for Design Review under Article 15 for minor modifications to existing buildings, structures or improvements such as awnings, canopies, windows, doors, color changes, or other similar modifications.

(c)

For all Minor Exceptions pursuant to Article 14.5, notice shall be mailed or delivered at least ten (10) days prior to the decision to the owner of any real property adjacent to the setback involved, as shown on the records of the Marin County Assessor or Tax Collector, unless the applicant submits written evidence of support for the application signed by the adjacent property owner(s).

(d)

For all other Planning Director Design Review decisions under Article 15, notice shall be provided at least ten (10) days prior to the decision in accordance with the California Government Code Section 65091. In addition, notice shall be mailed or delivered at least ten (10) days prior to the action to the Planning Commission.

(e)

For all Planning Director Conditional Use Permit decisions under Article 13, notice shall be provided at least ten (10) days prior to the decision in accordance with the California Government Code Section 65091, unless a greater distance is required by written Town Council policy. In addition, notice shall be mailed or delivered at least ten (10) days prior to the action to the Planning Commission.

(f)

For all Planning Director decisions under Title 10, Chapter 2, Article 7, Section 10-2.705 Urban Lot Splits and Title 10, Chapter 4 Housing Developments Under Government Code Section 65852.21, notice shall be provided at least ten (10) days prior to the decision in accordance with the California Government Code Section 65091. In addition, notice shall be mailed or delivered at least ten (10) days prior to the action to the Planning Commission.

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

(Ord. No. 1133, § 6, 3-12-2019; Ord. No. 1158, § 6, 11-9-2021; Ord. No. 1159, § 15, 12-14-2021; Ord. No. 1160, § 15, 12-14-2021)

When one or more public hearings have been conducted on any application for discretionary action, and the application has been referred to the applicant for revision, additional information, or other information, and the applicant does not provide the requested revision, additional information or other information to the Planning Department, within ninety (90) days of the date of the request, the application shall be deemed withdrawn.

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

Any discretionary action as described in this chapter, except zoning ordinance amendments, Preliminary Planned Development Districts, and Specific Planned Development Districts, shall be final ten (10) calendar days following the date of approval by the Planning Director or the Planning Commission, whichever is applicable, unless the action of the Planning Director or the Planning Commission is appealed to the Planning Commission or Town Council in the manner prescribed in Sections 1-4.01 and/or 10-1.05 of the San Anselmo Municipal Code.

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

Discretionary actions may be appealed by following the procedures described in Section 1-4.01 of the San Anselmo Municipal Code.

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

Unless otherwise provided for in this chapter, if an activity or development which has received discretionary approval has not begun within one (1) year from the date of the final action, the permit shall become null and void. The date of final action shall be either ten (10) calendar days following the date of action by the Planning and Building Director, the Planning Commission or the Town Council, whichever is last.

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

(Ord. No. 1073, 6-23-2009; Ord. No. 1079, 3-22-2011)

A discretionary action previously approved by the Planning Director, the Planning Commission, or Town Council for which the improvement permitted by the discretionary action has not been used or accomplished may be renewed by the Planning Director for a maximum period of one year provided that prior to the expiration of the discretionary action, the applicant submits a written statement to the Planning Director showing good cause, which shall be reviewed in accordance with the provisions set forth for discretionary actions as set forth in Article 7 of Title 10 of the San Anselmo Municipal Code.

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

A discretionary action approved by the Planning Director, the Planning Commission, or Town Council may be revoked in any case where conditions of approval have not been or are not being complied with. The revocation of a discretionary action shall occur following the conducting of a public hearing by the discretionary authority having the final discretion on the particular action. The public hearing or hearings shall be conducted as prescribed by the State of California Government Code and Section 10-3.1602 of this chapter of the San Anselmo Municipal Code.

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

Following denial or revocation of a discretionary action, no application for the same or substantially the same development or activity shall be filed within six (6) months from the date of denial, unless the denial is made without prejudice.

Following approval of a discretionary action, no application for substantial changes in the approved development or activity for the same property shall be filed within six (6) months from the date of original approval, unless the applicant can show that circumstances have significantly changed size the action taken on the original application.

(§ 2, Ord. 975, eff. February 14, 1996)