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 One (1) space for each 500 gross square feet of building floor area PLUS two (2) spaces for each
two (2) employees on duty on the maximum shift
Other Business, Commercial, Public Utility
Buildings 5
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. (4) For any lot with an average width of 52 feet or less, one (1) of the two (2) parking spaces may be in tandem and may be located within the minimum required front setback and side setback. (5) 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. 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 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 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
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(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 demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit the Town shall not require that those off street parking spaces be replaced. Each converted parking space may be replaced with one (1) legal parking space that complies with all provisions for setbacks, siting and size Replacement parking spaces may be located on site on an existing driveway within setbacks. New replacement parking spaces may be created within a required setback with design review approval pursuant to Article 15 of this chapter; and 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.
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(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) Parking areas for 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.
10-3.508 Parking space: Siting.
All required parking spaces shall be sited in compliance with all development standard setbacks as set forth in the Development Standards Table, referred to as Table 4A, unless otherwise noted in this chapter.
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10-3.509 Parking space: Access.
Each required parking space shall have access to a public street, alley, access easement, drive aisle, or driveway.
10-3.510 Parking space: Screening.
All parking spaces within the R-3 District shall be screened. 10-3.511 Parking space: Surfacing.
All parking spaces, drive aisles, and driveways, and all other streets, alleys, and access easements which serve a parking space shall be constructed and paved with an all-weather surface and the surface shall be permeable as may be approved by the Director of Public Works.
10-3.512 Loading space: Requirements.
For each 4,000 square feet of lot on which is located a hospital, institution, hotel, or commercial use with limited vehicular access to the site due to traffic volume, traffic movement patterns, or on-street parking there shall be a minimum of one (1) permanently maintained on-site loading space. The loading space shall have minimum dimensions of ten (10′) feet in width, forty (40′) feet in length, and fourteen (14) feet of vertical clearance for the entire horizontal dimension of the loading space. This section shall not require the provision of more than two (2) on-site loading spaces for anyone (1) lot, unless it is found by the Director of Public Works, or designee that there are special circumstances which warrant additional on-site loading spaces.
10-3.513 Loading space: Siting.
All loading spaces shall be sited in compliance with all development standards as set forth in the Development Standards Table, referred to as Table 4A. 10-3.514 Loading space: Access.
Each loading space shall have immediate and direct access to a public street, alley, access easement, drive aisle, or driveway.
10-3.515 Loading space: Surfacing.
All loading spaces, drive aisles, and driveways, and all other streets, alleys, and access easements which serve a loading space shall be constructed and paved with an all-weather surface as may be approved by the Director of Public Works. 370
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10-3.516 Electric vehicle parking.
(a) A parking space served by electric vehicle supply equipment or a parking space designated as a future electric vehicle charging space shall count as at least one (1) standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements.
(b) An accessible parking space with an access aisle served by electric vehicle supply equipment or an accessible parking space with an aisle designated as a future electric vehicle charging space shall count as at least two (2) standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements. (c) If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the town shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.
(d) The following definitions apply for purposes of this section:
(1) "Electric vehicle supply equipment" has the same definition as that term is used in the latest published version of the California Electrical Code, that is in effect, and applies to any level or capacity of supply equipment installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. (2) "Electric vehicle charging space" means a space designated by the Town for charging electric vehicles.
10-3.517 Disabled vehicle parking.
Parking for disabled persons shall be provided pursuant to the requirements of the State of California and the American Disabilities Act. Disabled parking spaces shall count toward fulfilling the off-street parking requirements. No variance shall be required to convert standard parking spaces into required disabled parking spaces, even if the site becomes less conforming in parking, where a site is used for non-residential uses and no replacement parking can be provided on site.
10-3.518 Bicycle racks.
Parking Lots with 10 or more spaces shall provide one bicycle rack for each 10 parking spaces. Bicycle racks shall be designed to provide a minimum of four bicycle spaces in each rack and to allow a bicycle to be locked on the rack.
10-3.519 Existing Structures and Uses.
No part of this section shall be construed as requiring additional off-street parking for authorized structures and uses legally existing at the time of the effective date of the 371
ordinance codified in this title. Where any or all required off-street parking is not provided for such a use, that use may be replaced by a use requiring the same or less offstreet parking . Parking required by the current ordinance which has been established for a structure or use shall not be removed, obstructed, or dedicated to other uses unless otherwise approved and authorized herein.
10-3.520 Expansion or intensification in use.
Whenever the occupancy or use of any site is changed to a more intensive use and/or expanded in scope, additional off-street Parking shall be provided as required by this title for the new use or expanded occupancy, with the exception of uses within existing buildings in the C-2 District. Where the existing use does not provide all required offstreet parking, additional off-street parking shall be required as follows:
(a) Nonresidential. Whenever the occupancy or use of any commercial site that is not in compliance with the off-street parking requirements of this chapter is intensified and/or enlarged, additional off-street parking shall be provided as required by this title for the new use or occupancy, with the exception of those uses in the C-2 district. For the P, C-1, C-3 and C-L districts, increased parking shall be provided in the amount relative to the incremental change or expansion of use. (b) Residential. Whenever the density (number of units) of any residential site that is not in compliance with the off-street parking requirements of this chapter is intensified, additional off-street parking shall be provided as required by this title for the new use or occupancy and for the existing use, with the exception of those uses listed is Chapter 4, Housing Development Under Government Code Section 65852.21 and Chapter 6, Accessory Dwelling Units, of the San Anselmo Municipal Code. (c) Nonconforming Uses. When a nonconforming structure is maintained, repaired, enlarged, extended, or structurally altered, parking shall comply with the parking requirements of the zone in which the structure is located. 10-3.521 Parking calculation.
When the required number of parking spaces is calculated to a fractional number, any fraction of less than one-half shall be disregarded and any fraction of one-half or greater shall be rounded up to the next whole number.
10-3.521 Joint use parking.
The Planning Commission may, upon application by the owner or lessee of any property, authorize a Conditional Use Permit for the joint use of parking facilities by the following uses or activities under the specified conditions:
(a) Up to 70 percent of the parking facilities required by this section for a use considered to be primarily a weekday use may be provided by a use considered to be primarily a weekend use. Up to 70 percent of the parking facilities required by this section 372
for a use considered to be primarily a weekend use may be provided by the parking facilities of a use considered to be primarily a weekday use. Such a reciprocal parking area shall be subject to conditions set forth in subsection (3) of this section. (b) Up to 70 percent of the parking facilities required by this section for a use considered to be primarily a daytime use may be provided by a use considered to be primarily a nighttime use. Up to 70 percent of the parking facilities required by this section for a use considered to be primarily a nighttime use may be provided by a use considered to be primarily a daytime use. Such a reciprocal parking area shall be subject to conditions set forth in subsection (3) of this section. The following uses are typical daytime uses: Banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical nighttime uses: Theaters, bars and upper-level residential uses. (c) In order to approve a conditional use permit for joint use, the applicant shall demonstrate the following:
a. There is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed; and b. The proposed joint use parking area is conveniently located to the uses to be served.
(d) If the area to be used for parking and the parcel on which the subject land use is located are not the same, then the Planning Commission shall consider whether a deed restriction is warranted as a condition of approval. The deed restriction would stipulate that the shared parking agreement shall remain in effect for the life of the subject land use.
5. Article 13. Conditional Use Permit, is hereby repealed and replaced as follows:
10-3.1301 Purpose and intent.
The purpose of a Conditional Use Permit is to allow for the review of a specific use or uses to ensure that the use is compatible with surrounding land uses and to allow, if necessary, the imposition of conditions to ensure the use or uses comply with intent of the ordinance codified in this chapter.
10-3.1302 Initiation of a Conditional Use Permit.
A Conditional Use Permit may be initiated by any of the following:
(a) The owner or owners of record of a lot or lots for which a Conditional Use Permit is sought; or
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(b) The Town Council, when such Conditional Use Permit is required for activities taken on behalf of the Town. The initiation of a Conditional use permit by the Town Council may be either upon the Council's initiation, or by recommendation of the Planning Director or the Planning Commission.
10-3.1303 Application requirements.
An application for a Conditional Use Permit shall include, at a minimum, the following:
(a) A completed application form of a content specified by the Planning Director; (b) A completed environmental information work sheet of a content and form specified by the Planning Director; and
(c) Payment of fees for the review and processing of a Conditional Use Permit, in a fashion and manner as may be prescribed by the Town Council. 10-3.1304 Review of Conditional Use Permit.
A Conditional Use Permit may be acted upon either by (1) the Planning Director; or (2) after the Planning Commission conducts one or more public hearings on the Conditional Use Permit.
The following identifies which Conditional Use Permit applications may be acted upon by the Planning Director and which use permit applications shall be acted upon by the Planning Commission:
(a) Planning Director.
(1) Accessory use, when such a use is very low in scale, will not cause a significant increase in intensity of use of the property, and will not alter the primary use of the facility.
(2) Outdoor storage and display of merchandise, plants, and street furniture based upon one of the following:
(a) Within the "C" Districts, the outdoor display and sale of merchandise for a limited time period; and
(b) Within all Districts, the outdoor placement of plants and street furniture on public or private property in limited quantity which, in the opinion of the Planning District will not hinder the free use of the public sidewalk. Such plants and street furniture shall not bear signs, price tags, or other indications that the plants or street furniture is for sale or rent. (3) Temporary uses
(a) Temporary uses. Any use may be authorized on a temporary basis in any commercial zoning district for up to and no more than one year provided the use 374
conforms with the Town’s Building and Fire Codes. The Planning Director may allow a single extension of the original time limits and not to exceed the length of the time originally allowed.
The Planning Director may refer any of the above to the Planning Commission if, in the opinion of the Planning Director, review by the commission is desirable. (b) Planning Commission.
All other Conditional Use Permit applications not identified in subsection (a) of this section.
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. 10-3.1305 Required findings for Conditional Use Permit.
Approval of a Conditional Use Permit, which may include the imposition of conditions, shall be made only after the making of the following findings:
(a) The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the Town.
In addition to the foregoing finding, special findings shall be made for certain districts or uses, as follows:
(b) Gasoline Stations—All Districts:
(1) Full Serve and Self-Service Gasoline Stations: ALL DISTRICTS: All operations including storage, excepting service with gasoline, oil, air, and water shall be conducted within a closed building.
(2) Self-Service Gasoline Stations—ALL DISTRICTS: The granting of the Conditional Use Permit will not adversely affect the public health, safety, or welfare by either diminishing the availability of minor emergency health and safety services, including rest rooms and minor automobile repair.
(c) Limited Commercial (C-L) District—All Uses Requiring a Conditional use Permit: The granting of the Conditional Use Permit will not allow a use which generates traffic at a rate greater than:
(1) Fifty (50) vehicle trip ends for each 1,000 gross square feet of gross leasable building area, or
(2) The existing number of trips during the a.m. and p.m. peak hours generated by the existing use as of July 22, 1997 (the determination for vacant buildings will be the most recent use between February 26, 1991 and July 22, 1997) on Sir Francis Drake Boulevard. Those numbers of traffic trips typically generated for existing and 375
proposed uses shall be obtained from the current edition of Trip Generation, Institute of Transportation Engineers.
(d) The granting or denying of a Conditional Use Permit for the on-sale and off-sale of beer and wine in conjunction with the sale of motor fuel shall be subject to the following:
(1) The findings shall be based on substantial evidence in view of the whole record to justify the ultimate decision; and
(2) In addition to the standards listed in the state Business and Professions Code Licensing Restrictions, the Town has the authority to further condition the Conditional Use Permit.
(e) Conversion of a residential use to another use for buildings constructed on or before May 22, 1997: The granting of a Conditional Use Permit will not allow a use that diminishes the existing affordable housing stock, including multifamily units and mixed use units (e.g. residential units above commercial uses), unless there is a clear public benefit or equivalent housing can be provided.
(f) Animal Boarding: All exterior walls shall be soundproofed to eliminate potential animal noise to the exterior of the building.
(g) Light Manufacturing: The use shall not cause odors, noise, and other factors which make the environment less desirable.
(h) All Commercial Uses: The size and operating characteristics of the proposed development would provide a balanced mix of uses that would be compatible with the existing and future land uses in the vicinity.
6. Article 17. Definitions, is hereby repealed and replaced as follows:
10-3.1702 Definitions.
The following words and phrases, when used in the context of this chapter, shall have the following meanings:
"Accessory building" means a building detached from the primary building on the same lot and which is necessary for the operation or use of the lot or primary building and which is incidental and subordinate to the primary use of the lot or to the primary building. That portion of a residential garage or carport, whether attached or detached, and which provides covered area greater than that necessary to park vehicles of a number in excess of that required to serve the use, as required by Article 5 of Chapter 3 of the San Anselmo Municipal Code, shall be considered an accessory building, unless it meets the requirements of Section 10-3.506. A storage shed, whether prefabricated or constructed on-site, shall be considered an accessory building. Also includes "accessory structure."
"Accessory dwelling unit." Refer to Title 10, Chapter 6, Section 10-6.103.
Accessory structure. Refer to "accessory building."
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"Accessory use, Residential" means use of a lot or building which is incidental and subordinate to the primary use of the lot or of a building and which is located on the same lot with the primary use of the lot or building.
"Accessory Use, Commercial" means uses clearly subordinate or incidental and directly related to a permitted use or conditionally permitted use. The general thresholds for considering whether a use is an accessory use include whether the: a) floor area dedicated to the use is less than thirty percent (30%) of the total area; and b) hours of operation and intensity of operation are similar to the primary use.
"Addition" means a building added to and attached to the original building after completion of the original building.
Alcoholism and/or drug treatment facility, large. "Large alcoholism and/or drug treatment facility" means a state licensed facility as defined in Health and Safety Code Section 11834.11 providing twenty-four (24) hour residential non-medical support services in a group setting for seven (7) or more adults, mothers over eighteen (18) years and their children, and emancipated minors recovering from alcoholism and/or drug abuse.
Alcoholism and/or drug treatment facility, small. "Small alcoholism and/or drug treatment facility" means a state licensed facility as defined in Health and Safety Code Section 11834.11 providing twenty-four (24) hour residential non-medical support services in a group setting for six (6) or fewer adults, mothers over eighteen (18) years and their children, and emancipated minors recovering from alcoholism and/or drug abuse. A small alcoholism and/or drug treatment facility, consisting of six (6) or fewer persons, is a state mandated residential use. “Alcoholic Beverage Sales, Off-Premises” means establishments engaged in the retail sale of packaged alcoholic beverages, such as beer, wine, and/or spirits, for off-site consumption, either as part of another retail use, or as a primary business activity. Services provided before 8:00 a.m. and after 6:00 p.m. are allowed under a Conditional Use Permit. (NAICS code:
445320)
Alcohol, off-sale. "Off-sale alcohol" means the selling of alcoholic beverages, including beer, wine, and liquor, for off-site consumption.
Alcohol, on-sale. "On-sale alcohol" means the selling of alcoholic beverages, including beer, wine, and liquor, for on-site consumption.
"Alley" means a public or permanent private way to be used primarily for vehicular access to the back or side of a development site of parcel that otherwise abuts a street. “Ancillary” means having a subordinate, subsidiary, or secondary nature. "Animal Boarding” means an establishment, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. Operators must ensure that the facility is in good repair, there is adequate pest control, an owner is contacted if a pet escapes and reasonable efforts are made to capture the escaped pet, as well as other upkeep requirements. This use does not include an animal control agency, society for the prevention of cruelty to animals (see “Service Organizations and Clubs”), humane society that contracts for the care of stray or abandoned 377
animals, or a veterinary facility (see “Medical Services, Veterinary Clinics and Hospitals”). (NAICS code: 812910)
"Antenna" means any device used to transmit or receive electromagnetic waves, including television, short-wave radio, ham radio, and satellite television dishes. "Apartment" means any building, or portion of a building, which is designed for residential use, the occupants of which pay rent and do not own the individual dwelling units. Does not include condominiums or stock cooperatives.
"Arbor" means a horizontal open-air structure over a garden, walkway or driveway. "Architectural features" means projections or appurtenances, having a maximum exterior projection of two (2′) feet on buildings which provide visual variation and/or relief, but do not serve as living or working space and do not add floor area. Architectural features may include, but not limited to chimneys, cornices, canopies, bay windows, greenhouse windows, and eaves. "Attic" means an open space at the top of a dwelling situated wholly or partly within the roof.
"Automobile" means a four-wheeled passenger vehicle propelled by an internal combustion engine.
"Automobile sales" means a business whose primary activity is the sale of motor vehicles. "Automobile service and repair" means a business whose primary activity is the servicing and repair of motor vehicles, but does not include the dispensing of automotive fuel.
Automotive, gasoline service station, full service. "Full-service automotive gasoline service station" means a business whose primary activity is the supply of gasoline, diesel fuel, and minor services such as oil, air, and water to motor vehicles wherein the driver of the motor vehicle does not leave the vehicle. The business may also include the repair of motor vehicles.
Automotive, gasoline service station, self-service. "Self-service automobile gasoline service station" means a business whose primary activity is the supply of gasoline, diesel fuel, and minor services such as oil, air, and water to motor vehicles wherein the driver of the motor vehicle has the discretion of dispensing gasoline, diesel fuel, and minor services without assistance from the business operator. The business may also include the repair of motor vehicles.
“Auto, Vehicle, and Parts Sales and Rentals” means establishments engaged in the sale and/or rental of new and/or used automobiles, light trucks, passenger and cargo vans, recreational vehicles (RVs), travel trailers, boats, motorcycles, off-road all-terrain vehicles (ATVs) and golf carts, utility trailers, and jet-skis (except bicycles and mopeds). Pursuant to State law, this use applies to individuals selling more than five vehicles per calendar year. The rental of passenger cars without drivers is intended for short periods of time. This also includes the retail sale of new, used, or rebuilt automotive parts and accessories, with or without repairing automobiles; and/or establishments primarily engaged in retailing and installing automotive accessories. This use does not include “Service Stations,” which are separately 378
defined. (NAICS codes: 441110, 441120, 441210, 441222, 441227, 441330, 532111, and 532284)
“Automated Teller Machines (ATMs)” means computerized electronic machines, either outside or inside, that perform basic banking functions (such as handling check deposits or issuing cash withdrawals) independent from banks and financial institutions. (NAICS code:
522320)
Average slope. The "average slope" of a lot shall be the ratio between the net difference in elevation between the upper and lower property lines.
"Awning" means a roof-like structure, as over a window or door, that serves as a shelter or shading device.
Bakery, commercial. "Commercial bakery" means a business whose primary activity is the baking of breads, cakes, and cookies, but which may also include the on-site sale of baked goods.
“Banks and Financial Services, Retail” means establishments serving walk-in customers to accept and provide on-site financial transactions. This includes commercial banks, depository trust companies, credit unions, savings and loan associations, and lending (including mortgage) institutions. The institutions that do not include a retail use open to the public are included under “Office.” (NAICS codes: 522110, 522130, 522180, and 522120) "Bar" means a building, or portion of a building, used primarily for the sale and dispensing of liquor by drink. Also includes "cocktail lounge" and "tavern." "Basement" means an enclosed space, finished or unfinished, partly or wholly below natural grade, having more than one-half (½) its height, as measured from its floor, whether finished or unfinished, to its ceiling, whether finished or unfinished, below the adjoining natural grade. If the finished floor located immediately above the basement is more than six (6) feet or more feet above the adjoining grade the basement shall be considered a story. "Bay window" means a window which projects from the face of a building, which does not add floor area (permanent window seat or counter permitted), and which has a bottom sill no less than two (2′) feet above the adjoining finished floor. "Beauty support" includes product sales, spa.
"Bed and breakfast inn" means a facility offering transient lodging to the general public and conducted in a private single-family detached residential unit, or in a building designed specifically for the operation of such an inn, and providing sleeping rooms, private or semiprivate bathroom facilities, and one (1) or more meals each day. (NAICS code: 721191) "Bedroom" means a room capable of serving as a room for sleeping as may be more precisely defined by the Uniform Building Code.
"Bicycle" means a vehicle consisting of a metal frame mounted upon two (2) wire spoked wheels with rubber tires, a seat, handlebars or steering, and two (2) pedals, and does not include a motor. Also includes unicycles or tricycles.
"Bicycle sales and repair" means a business whose primary activity is the sale and repair of bicycles.
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"Building" means any structure having a roof supported by columns or walls. "Building envelope" means the horizontal and vertical area of a lot in which a building or other improvements may be constructed as defined by either the established development standards set forth in each district, or by the Planning Director, the Planning Commission, or the Town Council as associated with specific action upon a master plan, use permit, variance, preliminary development plan, precise development plan, or design review. "Building Height" means the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point on the roof, ridge, or parapet wall including all antennas (television, radio, cellular, and satellite). Public utility transmission and distribution lines are not included in this definition.
Also includes "structure height."
“Building Material Stores” means businesses open to the public that engage in the sale of building materials including lumber, fencing, glass, doors, plumbing fixtures and supplies, electrical supplies, prefabricated buildings and kits, kitchen and bath cabinets and countertops, and other large building materials. This use also permits the sale of paint, wallpaper, plants, and other garden supplies (which may also be sold in hardware stores, included under the definition of “Retail Stores, General Merchandise”). Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Wholesaling and Distribution.” (NAICS codes: 444120, 444180, and 532420) "Building site" means the area of a lot where buildings are to be constructed. “Business Support Services” means establishments with a physical storefront that provide services to other businesses. This category includes:
1. Computer- and office machine-related services (rental, sale, maintenance, or repair). (NAICS codes: 423420, 532420, and 811212)
2. Copying, quick printing, blueprinting services, and other office support services. (NAICS codes: 323111 and 561439)
3. Film processing and photofinishing. (NAICS codes: 812921 and 812922)
4. Mailing services including mail presort, consolidation, and address bar coding services. (NAICS codes: 561431 and 561499)
5. Mail advertising services. (NAICS code: 541860)
“Caterers” means facilities that prepare and provide food services for off-site events. (NAICS code: 722320)
"Carport" means an attached or detached building covered by a solid or lattice roof and supported by posts, poles, or walls and having one (1) or more permanently open sides, and intended for the off-street parking of motor vehicles.
"CC & R" means codes, covenants and restrictions.
"Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. "Car wash" means a business whose primary activity is the washing of motor vehicles. 380
“Cell Phone and Wireless Stores” means establishments primarily engaged in acting as agents for wireless telecommunications carriers and resellers, selling wireless plans on a commission basis. (NAICS code: 517122)
Child care center. Refer to "day care center."
"Church" means a building, or group of buildings which are primarily intended for the conducting of organized religious services and associated activities and uses.
Club, fraternal or service. "Fraternal or service club" means a group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees or dues, regular meetings, and a constitution or bylaws. Also includes "private club." Cocktail lounge. Refer to "bar."
Commercial business, drive through. "Drive through commercial business" means a business whose patrons may conduct business from within a motor vehicle.
Commercial business, outdoor sales. "Outdoor sales commercial business" means a business which includes the display and sale of products, goods, and services outside of a building.
"Communications equipment building" means a building, or a portion of a building, housing electrical, mechanical, or computer equipment necessary for conducting the business of a public utility communications business, and which may or may not require personnel. "Community care facility" means a state licensed facility maintained and operated to provide residential care, day treatment, adult day care, foster family home or foster family agency services for children, adults, or children and adults, including the physically handicapped, mentally impaired or disordered, incompetent persons, and abused or neglected children. Refer also to "residential care facility."
"Computer sales and repair" means a business whose primary activities are the sale and repair of computers.
"Condominium" means an estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in a dwelling or commercial building situated on such real property. A condominium may include, in addition, an interest in other portions of such real property.
"Contingent" means conditional.
"Convalescent homes" means facilities licensed by the State Department of Public Health, the State Department of Social Welfare, or the County of Marin, which provides bed and ambulatory care for patients with post-operative convalescence, chronic illness, dietary problems, and persons unable to care for themselves, but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions. Also includes "nursing home". (NAICS code: 623110)."
Covered deck. Refer to "deck, covered."
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"Day care center" means commercial or non-profit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with other approved land uses, or as an independent land use. (NAICS code: 624410) “Day Care Homes, Large Family” means a day care facility located in a single-unit residence where an occupant of the residence provides care, protection, or supervision of 7 to 14 children. Children under the age of 10 years who reside in the home count as children served by the day care facility. (NAICS code: 624410)
“Day Care Homes, Small Family” means a day care facility located in a single-unit residence where an occupant of the residence provides care, protection, or supervision of either six or fewer children, or eight or fewer children provided that no more than two of the children are under the age of two and at least two of the children are over the age of six. Children under the age of 10 years who reside in the home count as children served by the day care facility. (NAICS code: 624410)
"Deck" means an exterior living space which has a finished floor surface thirty-six (36) inches or more above natural grade. Other typical attributes of a deck include finished floor surfaces of wood, tile, or concrete, one (1) or more permanently open sides, and railings.
Deck, covered. "Covered deck" means a deck over which is constructed a solid or lattice roof supported by posts, poles, or walls.
"Delineate" means to draw or outline accurately.
"Demolition" means the removal of fifty (50%) percent or more of the existing exterior walls of a 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. “Department Store” means a large retail store arranged in departments for the sale of a variety of consumer goods. (NAICS code: 455110)
"Density" means the ratio between the number of dwelling units and the size of a lot.
Density, maximum. "Maximum density" means the maximum number of residential units which may be constructed on any one (1) lot based on the maximum gross density permitted in the Zoning District, as guided by the Land Use Element of the General Plan, regardless of the size of the lot.
"Department store" means a large retail store arranged in departments for the sale of a variety of consumer goods.
"Discretionary project" means a project subject to evaluation by one (1) or more individuals.
“Drinking Establishments” means establishments primarily engaged in the preparation and sale of alcoholic beverages for consumption on the premises. This use includes bars, taverns, 382
saloons, beer gardens, and beer and/or wine tasting rooms. These businesses may also provide limited food services. (NAICS code: 722410)
“Drug and/or Alcoholism Treatment Facility, Large” means a state licensed facility as defined in Health and Safety Code Section 11834.11 providing 24 hour residential non-medical support services in a group setting for seven or more adults, mothers over 18 years and their children, and emancipated minors recovering from alcoholism and/or drug abuse. (NAICS code:
623220)
“Drug and/or Alcoholism Treatment Facility, Small” means a state licensed facility as defined in Health and Safety Code Section 11834.11 providing 24 hour residential non-medical support services in a group setting for six or fewer adults, mothers over 18 years and their children, and emancipated minors recovering from alcoholism and/or drug abuse. A small alcoholism and/or drug treatment facility, consisting of six or fewer persons, is a state mandated residential use. (NAICS code: 623220)
Duplex. Refer to "Residential, Multi-Family (2 to 4 units)." Dwelling unit. Refer to "residential unit."
"Eaves" means roof projections which extend beyond the exterior wall plane of a building, or in the case of a covered porch, the roof projection beyond the porch columns. “Elementary and Secondary Schools” means establishments primarily engaged in furnishing academic courses and associated course work that comprise a basic preparatory education. A basic preparatory education includes elementary schools, parochial schools (elementary or secondary), middle schools or junior high schools, high schools, primary schools, charter schools, kindergartens, and schools for the physically disabled (elementary or secondary). This also includes school boards and school districts. (NAICS code: 611110) "Emergency shelter" means housing as defined in California Health and Safety Code §50801(e). This section shall be understood to be amended by operation of law in the event and to the extent this statute is amended. 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.
Entrance, primary. The primary entrance to a building. "Equipment rental" means a business whose primary activity is the renting of tools, equipment, and other devices. “Farmers Markets” means outdoor or indoor retail sale of agricultural products, including fresh fruit, vegetables, dairy products, shell eggs, nuts, honey, flowers, and nursery stock, as sold by producers or certified produces directly to consumers in accordance with the California Food and Agriculture Code regulations governing Certified Farmer’s Markets. This use operates temporarily on a periodic basis. (NAICS codes: 445230, 445240, 445250, 445291, 445292, and 445298).
"Fence" means a vertical barrier of any material, or combination of materials, constructed to enclose or screen a lot or a portion of a lot. Also includes "wall." "Financial/real estate services" means a category of businesses and services including banks, savings and loan associations, thrifts, real estate brokerages, land title companies, escrow companies, and stock and bond offices.
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“Fitness Centers” means a facility that operates fitness facilities and recreational sports facilities featuring exercise and other active physical conditioning or recreational sports activities, such as swimming, skating, or racquet sports. (NAICS code: 713940) “Fitness Centers, Classes as Primary Use” means a facility that operates fitness facilities and recreational sports facilities featuring exercise and other active physical conditioning or recreational sports activities, such as swimming, skating, or racquet sports, with classes as the primary activity offered. (NAICS code: 713940)
"Floor area ratio (FAR)" means the ratio between the total floor area of a building or buildings located on a lot and the area of that lot in gross square feet.
Floor area, total. "Total floor area" means the sum of the gross horizontal areas of all floors of a building measured from the exterior framing of the outside walls. "Foster family home" means a state licensed residential facility providing twenty-four (24) hour care for six (6) or fewer foster children, which is zoned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the children have been placed.
Garage, commercial. Refer to "automobile service."
Garage, parking. Refer to "parking garage, commercial." Garage, residential. "Residential garage" means a detached or attached accessory building or structure designed for the parking of motor vehicles belonging to or used by the occupants of the residential unit.
Gasoline station. Refer to "automotive, gasoline service station, full-service" and "automotive, gasoline service station, self-service."
"General Plan" means the General Plan of the Town of San Anselmo adopted by the Town Council.
Government facilities. Refer to "institutional use."
“Grocery Stores” means stores primarily engaged in retailing a general line of food, such as neighborhood markets, food stores, and specialty food stores (i.e., olive oil shops; meat or produce markets; vitamin and health food stores; cheese and dairy product stores; butcher shops; other artisanal gourmet food stores). Also includes retail bakeries, delis, and catering services that are subordinate to the primary sale of food. Stores may be open from 6:00 a.m. to 11:00 p.m. Stores that seek to operate anytime outside those hours must obtain a Conditional Use Permit. (NAICS codes: 445110, 445240, 445298)
Gross acreage. Refer to "acreage, gross."
"Ground surface" means the predevelopment ground elevation.
Group dwelling. Refer to "group home."
Group home. Refer to "residential care facility."
Height. Refer to "building height."
Home for the aged. Refer to "convalescent home."
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"Home occupation" means a business, profession, or non-profit organization conducted by the principal resident or residents of a residential unit, subject to the following conditions: (1) not more than one (1) person who is not a principal resident of the residential unit shall be employed; (2) to be conducted wholly within the main residence, and not conducted within a garage, carport, or accessory structure; (3) shall not increase vehicular traffic on the street on which the residential unit is located by more than four (4) individual visits per day, and which does not increase parking demands on the street on which the residential unit is located; (4) shall not include outdoor display, storage, or signage; and (5) shall not create noise levels exceeding levels permitted by Chapter 7 of Title 4 of the San Anselmo Municipal Code, and which does not create dust, vibration, odor, smoke, fumes, glare, electrical interference, fire hazards, or other hazards, nuisances, or disturbances. Home occupation shall not include the establishment, maintenance, or operation of any medical or non-medical cannabis business, including, but not limited to, cultivation, processing, manufacture, distribution, testing, and sale, which would require a state license to be issued pursuant to California Business and Professions Code § 26000 et. seq.
"Hospital" means an institution providing primary health services and medical or surgical care to people, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical and mental conditions, and including, as an integral component of the institution, related facilities such as laboratories, outpatient facilities or training facilities. "Hotel" means a business whose primary activity is the offering of transient lodging accommodations to the general public and providing additional related services such as restaurant, meeting room, and recreation facilities. Also includes "motel." (NAICS code:
721110)
"Housing development project” means a housing development project as defined in California Government Code Section 65589.5(h)(2).
"Impermeable Surface" means a surface with structural stability that does not allow for drainage. Includes asphalt and concrete with sand and finer material.
Incidental use. Refer to "accessory use."
“Indoor Entertainment Facilities” means establishments offering indoor entertainment including billiard or pool parlors, bowling alleys, escape rooms, indoor miniature golf courses, indoor archery and shooting ranges, recreational chess or bridge clubs, and amusement arcades. This use does not allow gambling. This classification may include ancillary restaurants, bars, snack bars, and other retail services for customers. (NAICS code: 713120, 713950, and 713990)
"Institutional use" means a public or quasi-public use of a lot or building including government offices, schools, utility facilities, parks, libraries, fire stations, social service organizations, and social services, whether funded by public taxes or private donations. "Junk yard" means any area of 200 square feet or more used for the commercial storage of junk or scrap materials or for the wrecking or dismantling of automobiles or other vehicles, appliances, or machinery.
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"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. Accessory Dwelling Unit kitchens shall meet the requirements of the California Building Code, such as a sink, electric outlets/circuit and a countertop, and shall not be required to have appliances pursuant to the guidance provided by the State Department of Housing Community Development.
"Large family daycare home" means a child day care facility that provides care, protection, and supervision for seven (7) to fourteen (14) children, inclusive, including children under ten (10) years of age who reside at the home, as set forth in California Health and Safety Code Section 1597.465 and as defined in regulations.
“Laundry, Dry-Cleaning, and Laundromats” means establishments primarily engaged in operating coin- or card-operated or similar self-service laundries and drycleaners and providing drycleaning and laundry services (except coin- or card-operated). (NAICS codes: 812310 and 812320).
“Libraries and Museums” means public or quasi-public facilities that provide literary, musical, artistic, historical, cultural, and/or educational displays and information. These establishments maintain collections (physical or electronic) to support education and recreational interests. This use includes libraries, museums, aquariums, arboretums, botanical gardens, and historic exhibitions. (NAICS codes: 519210, 712100, and 712130) “Light Manufacturing” means establishments primarily involved in baking, brewing, fabricating, milling, processing and other similar forms of mechanical and chemical treatment.
Light manufacturing uses are generally in the following groups in the North American Industrial Classification System (NAICS):
Use NAICS Code
Apparel and Other Textile Mill Products 314-33636
Electronic and Electric Equipment, except 334412-335311, 334413, 333319, 333618, Fabricated Metal Products 332-332999
Food Processing 311-311999
Furniture and Fixtures 337-33792
Industrial Machinery and Equipment 333-333999
Instruments and Related Products 334511-334518
Leather and Leather Products, except leather 3162-316999 Lumber and Wood Products, except logging 321-321999
Miscellaneous Manufacturing 339-339999
Paper and Allied Products, except paper, pulp
and paperboard mills
3222-322299
Perfumes, Cosmetics and Toilet Preparations 325611-32562 Printing and Publishing, except publishing
without printing
323-323122
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Rubber and Miscellaneous Plastic Products 326-326299
Stone, Clay and Glass Products, except cement 327-327215, 32733--327999 Textile Mill Products 313-31332
Transportation Equipment 336-336999
“Live-Work” means a built space used or designed to be used both as a workplace and as a residence by one or more person.
“Live-Work – Ground Floor Commercial” means a mixed-use space with a ground-floor that is used entirely for commercial activities and live-work uses occupy the floors above. “Low-Barrier Navigation Center” means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
Lot, corner. "Corner lot" means a lot bounded by two (2) or more streets, ways, or access easements. The shortest boundary line which borders said street, way, or access easement shall constitute the front lot line.
"Lot coverage" means the land area covered by all buildings and improvements with a finished height above grade of three (3′) feet or more, including all projections with the exception of roof eaves which project less than two (2′) feet from the face of a building.
Lot, key. "Key lot" means any lot with all or part of one of its side boundary lines contiguous to an adjoining rear lot line.
Lot, nonconforming. Refer to "non-conforming lot."
"Lower income household" shall have the meaning set forth in California Health and Safety Code Section 50079.5.
"Mail service" means businesses, either public or private, whose primary activity is providing postage and delivery of letters and packages through a universal service obligation. (NAICS code: 491110)
Manufactured structure. Refer to "residential, manufactured structure." "Manufacturing, Light" means manufacturing, assembly, packaging, and associated storage and transportation of finished goods not requiring major refinement or raw material preparation. May include food-related manufacturing, apparel manufacturing, furniture and fixture manufacturing, printing, publishing and allied industries, professional and scientific instruments, textile mill products, craft industries, or other uses that create minimal noise, 387
vibration, smoke, dust or any other particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond any building on the parcel on which it is located.
Maximum Density. Refer to "density, maximum."
“Medical Services, Clinics and/or Urgent Care” means facilities other than a hospital where health practitioners practice general or specialized medicine, dentistry, surgery, or other personal health services and provide outpatient care. This use must include five or more licensed practitioners and/or medical specialties. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under “Office.” (NAICS codes: 6211, 6212, 6213, 6214, 621511, 621512) “Medical Services, Doctor Offices” means facilities other than a hospital where health practitioners practice general or specialized medicine, dentistry, surgery, or other personal health services. Care provided under this use is outpatient care. Facilities classified under this use can accommodate up to four licensed primary practitioners (not including nursing staff) within an individual office suite. A facility with five or more licensed practitioners is classified under “Medical Services, Clinic and/or Urgent Care.” These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under “Office.” (NAICS codes: 6211, 6212, 6213, 6214, and 621511) “Medical Services, Extended Care” means residential medical facilities providing nursing and health-related care as a primary use with in-patient beds. This use includes:
1. Drug and/or alcohol treatment facility (small and large). (NAICS code: 623220)
2. Board and care homes, convalescent and rest homes, extended care facilities, and skilled nursing facilities. (NAICS code: 621610 and 623110)
3. Pediatric day health and respite care facilities. (NAICS codes: 621498 and 621999) Facilities serving six or fewer people are permitted by right. Facilities serving seven or more people are allowed with a Conditional Use Permit. Long-term personal care facilities that do not emphasize medical treatment are included under “Residential Care Facilities.” “Medical Services, Hospitals” means institutions providing primary health services and medical or surgical care to people, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical and mental conditions, and including, as an integral component of the institution, related facilities such as laboratories, outpatient facilities or training facilities. (NAICS code: 622110)
“Medical Services, Veterinary Clinics and Hospitals” means facilities whose primary activity is the dispensing of veterinary medical and dental care and services to animals. (NAICS code:
541940)
Minimum average lot width. Refer to "lot width, minimum average." Minimum lot street frontage. Refer to "lot width, minimum street frontage." “Mini-Storage” means establishments that rent or lease an individual warehouse space for self-storage. These establishments provide secure space (i.e., rooms, compartments, lockers, containers, or outdoor space) where customers can store and retrieve their goods. (NAICS code: 531130)
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Mobile home. Refer to "residential, manufactured structure." "Moderate income household" shall have the meaning set forth in California Health and Safety Code Section 50093.
Motel. Refer to "hotel."
"Motorcycle" means a vehicle with two (2) tires in tandem propelled by an internal combustion engine.
"Motorcycle sales" means a business whose primary activity is the sale of motorcycles. "Motorcycle service and repair" means a business whose primary activity is the servicing and repair of motorcycles, but does not include the dispensing of automotive fuel. "Natural grade" means the top or upper most surface of the ground prior to human intervention or modification.
Net acreage. Refer to "acreage, net."
"Non-conforming building" means a building, or portion of a building, which was constructed, or structurally altered, in a manner consistent with land use regulations and development standards in effect at the time of the construction or structural alteration but which does not conform to the current development standards of the District in which it is located. Also includes "non-conforming structure."
"Non-conforming lot" means a lot existing lawfully at the time of the adoption of the zoning ordinance or amendment, but which does not conform to the lot area, width, access or other development standards of the applicable zoning district.
Non-conforming structure. Refer to "non-conforming building." "Non-conforming use" means a use of the land which was begun in a manner consistent with land use regulations and development standards in effect at the time of the initial use but which does not conform to the current land use regulations of the District in which it is located. “Nurseries” means establishments engaged in the production and sale of plants and other nursery products. Facilities can either be outdoors or quasi-outdoors (i.e., greenhouses). The sale of plants or other nursery products entirely indoors is also included as “Florists and Houseplant Stores” under “Retail Stores, General Merchandise.” (NAICS code: 444240) Nursery school. Refer to "day care center."
Nursing home. Refer to "convalescent home."
“Offices” means professional or government offices including:
1. Accounting, auditing, and bookkeeping services. (NAICS code: 5412)
2. Administrative services and document preparation (NAICS codes: 561410 and 561110)
3. Advertising and public relations agencies. (NAICS codes: 541810 and 541820)
4. Architectural, engineering, surveying, and related services. (NAICS code: 5413)
5. Artists and fine arts studios compatible with office uses. (NAICS code: 711500) 389
6. Banks and financial institutions that are not retail (see “Banks and Financial Services, Retail”). (NAICS codes: 522292 and 525990)
7. Business support services without a physical storefront (see “Business Support Services") that includes: computer- and office machine-related services (rental, sale, maintenance, or repair); copying, quick printing, blueprinting services, and other office support services; film processing and photofinishing; mailing services; and mail advertising services. (NAICS codes: 323111, 423420, 532420, 541860, 561431, 561439, 561499, 811212, 812921, and 812922)
8. Computer software designers. (NAICS code: 5415)
9. Mental health practitioners (except physicians). (NAICS code: 621330)
10. Data processing and computer services. (NAICS code: 518210)
11. Employment services (NAICS codes: 561311, 561312, 561320, and 561330)
12. Investigation services. (NAICS code: 561611)
13. Interior design services. (NAICS code: 541410)
14. Government offices. (NAICS code: 921190)
15. Graphic designers. (NAICS code: 541430)
16. Lawyers. (NAICS code: 541100)
17. Management and consulting services. (NAICS code: 54161)
18. Photography studios, commercial. (NAICS code: 541921)
19. Real estate agencies. (NAICS codes: 531210 and 531390) Open space, private. "Private open space" means a lot, or a portion of a lot, privately owned and designated for private use, to be preserved in a natural or naturalized state through an appropriate instrument.
Open space usable. "Usable open space" means open space which has sufficient horizontal and vertical dimensions to allow for active or passive use in a fashion and manner comparable to traditional residential backyard space or public park space. “Other Residential Care Facilities” means establishments primarily engaged in providing residential care (except residential intellectual and developmental disability facilities, residential mental health and substance abuse facilities, continuing care retirement communities, and assisted living facilities for the elderly). These establishments also provide supervision and personal care services. (NAICS code: 623990) "Outdoor display" means the display of products or merchandise outside of a building and located so as to be visible from streets, roads, or sidewalks.
Outdoor Sales and Rental, Ancillary” means establishments that display products for sale and/or rental outdoors.
Parcel. Refer to "lot."
“Parking Garages, Commercial” means public or private parking garages used for the commercial business of parking motor vehicles for periods not exceeding twenty-two 22 hours during any one day. Also includes "parking garage." (NAICS code: 812930) 390
"Parking lot" means a lot or portion of a lot designed exclusively for the parking of motor vehicles and paved with a permanent all weather surface as may be approved by the Public Works Director.
Parking lot, commercial. "Commercial parking lot" means a public or private parking lot used for the commercial business of parking motor vehicles for periods not exceeding twentytwo (22) hours during any one (1) day. (NAICS code: 812930) "Parking space" means an area designed for the parking of motor vehicles having unobstructed access to a public street, way, or access easement at all times, and having a minimum width of nine (9) feet, a minimum length of nineteen (19) feet, and a minimum vertical clearance of seven (7) feet, and either within a garage or carport, or uncovered, and paved with a permanent all weather surface as may be approved by the Public Works Director.
Such all-weather surface includes permeable and impermeable surfaces. “Parks and Playgrounds, Public” means public outdoor natural or semi-natural areas that provide space for recreation. This use includes parks, play lots, playgrounds, seating areas, play courts, and recreational athletic fields (not for professional athletic team use). Public restrooms are permitted as an ancillary use to serve park users. (NAICS code: 712190) "Pediatric day health and respite care facility" means a state licensed facility which provides an organized program of therapeutic social and day health activities and services and limited twenty-four (24) hour in-patient respite care for medically fragile children twenty-one (21) years of age or younger, including terminally ill and technology dependent children. "Permeable Surface" means a surface with structural stability that allows for drainage.
Includes pavers (pre-cast sections or individual units that fit together), grid systems (rigid plastic forms filled with gravel or soil and vegetation), and porous asphalt/concrete (similar to conventional asphalt and concrete in structure and form except that the sand and finer material have been removed.
“Personal Services” means establishments providing services to serve the personal needs of customers, including:
1. Beauty and barber shops, day spas, tanning salons, or other personal care services. (NAICS codes: 812111, 812112, and 812199)
2. Clothing and costume rental. (NAICS code: 532281)
3. Funeral homes and funeral services (NAICS code: 812210)
4. Home and garden equipment repair and maintenance. (NAICS code: 811411)
5. Leather goods and shoe shining and repair shops. (NAICS code: 811430)
6. Locksmiths. (NAICS code: 561622)
7. Massage therapy. (NAICS code: 621399)
8. Pet care (animal grooming and training). (NAICS code: 812910)
9. Rug cleaning. (NAICS codes: 561740 and 811490)
10. Tailoring and dressmaking shops. (NAICS codes: 315210 and 315280)
11. Travel agencies. (NAICS code: 561510)
These uses may also include accessory retail sales of products related to the services provided. 391
"Pharmacy" means a business whose primary activity is the preparing and dispensing of prescription drugs.
"Planning commission" means the Planning Commission of the Town of San Anselmo. "Planning and Building Director" means the Director of the Planning and Building Department of the Town of San Anselmo.
Pre-school. Refer to "day care center."
"Primary building" means a building which houses the primary use of the lot. "Primary Entrance" means the main entrance to a building.
Private club. Refer to "club, fraternal or social."
"Projections" means portions of buildings and architectural features which extend beyond the primary exterior building wall plane.
Property line, front. "Front property line" means the property line extending across the full street frontage of a lot between the side property lines and typically defined as the narrower of the lot's dimensions.
Property line, rear. "Rear property line" means the property line extending across a lot's rear between the side property lines and parallel to the lot's front property line.
Property line, side. "Side property line" means the property lines extending along the entire length of a lot between the front and rear property lines and typically defined as the longer of the lot's dimensions.
"Public Works Director" means the Public Works Director of the Town of San Anselmo. “Religious Institution” means establishments that operate religious organizations and administer services for worship or promotion of religious activities, including churches, temples, mosques, religious shrines, synagogues, and monasteries (without a school component). This use includes accessory uses including religious programs, living quarters for local religious leaders and staff, and parish houses. Other establishments maintained by religious organizations, such as schools or educational classes, mental health support, day care centers, and other potentially related operations are classified according to their respective activities. (NAICS code: 813110)
“Repair and Maintenance, Consumer Products” means establishments that repair and service products for personal consumption including: consumer electronic equipment; furniture (including reupholstery); garments; musical instruments; televisions, radios, and other household appliances; and watches, clocks and jewelry. This classification does not include repair or services accessory to retail uses. This use does not include shoe repair, which is included under “Personal Services.” This use does not include businesses serving the repair needs of heavy equipment, which are included under “Business Support Services.” (NAICS codes: 811210, 811310, 811412, and 811490)
"Research and Development" means facilities for scientific research and the design, development, and testing in the physical, engineering, and life sciences, such as electronics, environmental, biology, botany, biotechnology, computers, chemistry, food, forests, geology, 392
health, mathematics, medicine, nanotechnology, pharmacy, physics, veterinary, and other allied subjects. (NAICS Code: 54171)
“Residential Care Facilities, Large” means any use of a residential unit serving seven (7) or more persons on a twenty-four (24) hour per day basis. Also includes "group dwelling" and “group home.”
“Residential Care Facilities, Small” means any use of a residential unit serving six (6) or fewer persons on a twenty-four (24) hour per day basis. A small residential care facility is a state mandated residential use of the property. Also includes "group dwelling" and “group home.”
Residential, manufactured structure. "Manufactured residential structure" means a residential unit constructed off-site and delivered and installed on a lot. Also includes "residential, mobile home."
Residential, mobile home. Refer to "residential, manufactured structure." “Residential, Multi-Family (2 to 4 units)” means a building having up to four (4) independent and attached residential uses. Such uses include a duplex, triplex, and quadplex. “Residential, Multi-Family (5+ units) ” means a building having five (5) or more independent and attached residential units.
Residential second unit. Refer to "accessory dwelling unit." "Residential second unit - nonconforming." Refer to "Nonconforming accessory dwelling unit" in Title 10, Chapter 6, Section 10-6.103.
Residential, single-family attached. "Single-family attached residence" means a building containing two (2) or three (3) independent and attached residential units. Also includes "duplex" and "triplex."
Residential, single-family detached. "Single-family detached residence" means a detached residential unit.
"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."
Rest home. Refer to "convalescent home."
“Restaurants” means establishments preparing and selling food for consumption (either on- or off-premises). These include establishments providing food services to patrons who order and are served while seated (i.e., waiter/waitress service) and pay after eating; establishments with a walk-up ordering counter; and a combination of either type of service that provides take-out services. This use includes catering services for on-site consumption ancillary to the primary restaurant use. This classification does not include fast food restaurants (see Restaurant, Fast Food), drive-through services (see “Drive-Through Services”), or alcohol 393
consumption (see “Restaurants, with Alcohol and/or Entertainment”). (NAICS codes: 722511, 722513, 722514, and 722515)
“Restaurants, fast food” means a restaurant whose operation involves the on-site preparation and sale of foods, or the on-site heating and sale of pre-prepared foods, intended for consumption either on-site or off-site. Attributes typically, but not necessarily associated with fast food restaurants include customer food orders and customer food pick-ups at a counter, no water/waitresses, a lack of ambiance, limited on-site seating, and drive-through order placing and pick-up facilities. (NAICS codes: 722511, 722513, 722514, and 722515) “Restaurants, with Alcohol and/or Entertainment” means establishments preparing and selling food for consumption (either on- or off-premises), as well as facilities for dancing and other entertainment that are secondary and subordinate to the principal use of the establishment as a restaurant. These include establishments providing food services to patrons who order and are served while seated (i.e., waiter/waitress service) and pay after eating; establishments with a walk-up ordering counter; and a combination of either type of service that provides take-out services. This use includes alcohol sales and catering services for on-site consumption ancillary to the primary restaurant use. This classification does not include fast food restaurants (see Restaurant, Fast Food), drive-through services (see “Drive-Through Services”), or establishments that primarily serve alcohol (see “Drinking Establishments”). (NAICS codes: 722511 and 722513)
“Retail Stores, General Merchandise” means establishments selling new and used merchandise to consumers. The types of stores and merchandise may include:
1. Antique stores. (NAICS code: 459510)
2. Art supplies. (NAICS code: 453998)
3. Art sales. (NAICS code: 459920)
4. Bakery goods (when not prepared on-site). (NAICS code: 445291)
5. Beauty supplies. (NAICS code: 456120)
6. Bicycle sales and maintenance or service. (NAICS codes: 451110 and 811490)
7. Bookstores. (NAICS code: 459210)
8. Candy stores. (NAICS code: 445292)
9. Cameras and photographic supplies. (NAICS code: 423410)
10. Cigar stores (NAICS code: 459991)
11. Clothing and accessories, fabrics, and sewing supplies. (NAICS codes: 458110, 459130, and 459510)
12. Electronic equipment. (NAICS code: 449210)
13. Florists and houseplant stores. (NAICS code: 459310)
14. Furniture and home furnishings. (NAICS codes: 449110 and 449129)
15. General merchandise retailer. (NAICS code: 455219)
16. Gift and novelty stores. (NAICS code: 459420)
17. Glasses and other optical goods. (NAICS code: 456130)
18. Handcrafted items. (NAICS code: 423940)
19. Small hardware stores less than 10,000 square feet in size. (NAICS code: 444140)
20. Hobby materials, toys, and games. (NAICS code: 459120) 394
21. Jewelry. (NAICS code: 458310)
22. Luggage and leather goods. (NAICS code: 458320)
23. Music stores (CDs, tapes, records). (NAICS code: 459140)
24. Musical instruments, parts, and accessories. (NAICS code: 459140)
25. Pet supplies. (NAICS code:459910)
26. Pharmacies. (NAICS code: 456110)
27. Shoes. (NAICS code: 458210)
28. Sporting goods and equipment sales and rental. (NAICS code: 459110 and 532284)
29. Stationery. (NAICS code: 459410)
30. Video sales and rentals. (NAICS codes: 532282, 532210, and 443142) Up to 30 percent of a retail store may contain ancillary storage, office, classes, and/or specialty use.
"Ridge" means those specific primary and secondary ridges delineated by the General Plan.
Ridge line, primary. "Primary ridge line" means the line described by connecting the uppermost elevation along a primary ridge, as such ridge is delineated by the General Plan.
Ridge line, secondary. "Secondary ridge line" means the line described by connecting the uppermost elevation along a secondary ridge, as such ridge is delineated by the General Plan. "Ridge zone" means that area of a primary or secondary ridge on both sides of the ridge line which has an elevation fifty (50′) or less of the elevation of the ridgeline when measured perpendicularly from the nearest point of the ridgeline or which lies within 150 feet when measured perpendicularly from the ridge line, whichever results in a lower elevation. "Savings and loan" means a business whose primary activity is the handling of financial transactions.
“Schools, Specialized Education and Training” means non-public schools offering education via classes or training (either for a degree or without a degree). This use includes business schools, technical and trade schools, secretarial schools, vocational schools offering specialized trade and commercial courses, fine arts schools, language schools, driver education schools, cosmetology and barber schools, and seminaries or other establishments exclusively engaged in training for religious ministries. This use also includes organizations and conference centers that offer specialized programs or classes (such as professional development, arts, communications, environmental awareness, or other personal development). (NAICS codes: 611110, 611410, 611511, 611519, 611610, 611630, 611692, and 611699)
“Service Organizations and Clubs” means establishments engaged in promoting the civic and social interests of its members. (NAICS code: 813410) "Screen Vegetation, Filtered" means vegetation that grows together to form a non-opaque screen and permits visibility of structures through to the other side. "Screen Vegetation, Solid" means vegetation that grows together to form an opaque screen that does not permit visibility of structures through to the other side. 395
Second unit. Refer to "accessory dwelling unit."
“Service Stations” means establishments that sell automotive fuels (e.g., gasoline, diesel fuel, gasohol, alternative fuels) in combination with automotive activities incidental to fuel sales, such as providing repair services; towing services; cleaning services; selling automotive oils, replacement parts, and accessories; and/or providing food or convenience services. This use does not permit the storage of wrecked or abandoned vehicles or spraying painting, body, and fender work. This use cannot be co-located with the “Alcoholic Beverage Sales, OffPremises” use, the “Drinking Establishments” use, the “Restaurants, with Alcohol and/or Entertainment” use, or any other use that involves the sale or consumption of alcohol. (NAICS code: 457110, 457120, 811191, and 811192)
"Setbacks" means a distance established by the provisions of this chapter to govern the placement of buildings and other improvements on lots with respect to property lines, development site lines, streets, ways, or access easements. Setbacks shall not apply to public utility transmission and distribution lines.
Sign, exterior. "Exterior sign" means any outdoor display of advertising material in any form placed or mounted upon any building, freestanding structure, or natural object.
Sign, pole. "Pole sign" means any sign, mounted upon a pole, post, or other similar freestanding vertical structure, which includes letters, words, logos, or pictures intended to identify or advertise a business or advertise merchandise or products of a business.
Sign, wall. "Wall sign" means any sign, mounted upon a wall of a building which includes letters, words, logos, or pictures intended to identify or advertise a business or advertise merchandise or products of a business.
Sign, window. "Window sign" means any sign, mounted upon the exterior or interior of a window, or mounted behind a window so as to be visible from a sidewalk, street or road, which includes letters, words, logos, or pictures intended to identify or advertise a business or advertise merchandise or products of a business.
"Single-room occupancy units" are one-room units intended for occupancy by one (1) or two (2) individuals as their primary residence, which are occupied for periods not less than thirty (30) days.
Skilled nursing home. Refer to "convalescent home."
Slope, average. Refer to "average slope."
“Storage, Ancillary” means the indoor or outdoor storage of various materials on the same site as a principal building or land use that is other than storage, which supports the activities or conduct of the principal use.
"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above, the space between the floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade for more than 50 percent of the total perimeter, such basement or cellar shall be considered a story.
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"Street" means a public way or permanent private access easement which functions as and affords a primary means of access to two (2) or more lots. "Street frontage" means the lineal length of that portion of a parcel or development site abutting a street.
"Structural alteration" means any change in the supporting members of a building, including but not limited to, bearing walls, shear walls, retaining walls, columns, beams, girders, floor joists, ceiling joists, or roof rafters.
"Structure" means any improvement constructed or erected so as to project thirty-six (36″) inches or more above the level of the adjoining grade, including, but not limited to, buildings, retaining walls, and decks. Fences shall also be considered structures if the height of the fence is greater than six (6′) feet above the level of the adjoining existing grade. Both covered and uncovered parking spaces shall also be considered structures for purposes of setback requirements. Patios, walls, and similar improvements which have a finished height less than thirty-six (36″) inches above the existing grade and creek bank restoration shall not be considered structures. For the purposes of computing the heights of structures and fences, the existing grade shall be the lower of:
(a) The existing ground surface or;
(b) The elevation of the existing grade at the time the application for construction of the structure is made.
Structure height. Refer to "Building Height."
"Studio" means a business whose activity includes the creation, display, or sale of items of art.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. "Target population" means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse or other chronic health condition, or individuals eligible for service provided pursuant to the Lanterman Developmental Disabilities Service Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Tavern. Refer to "bar."
"Temporary use" means a use of a lot, or a portion of a lot, for which the temporary use is deemed to be of short duration where the site is not to be permanently altered by grading or construction of accessory facilities. The duration of the temporary use shall be commensurate 397
with the scope of the temporary use. Examples of temporary uses include the selling of Christmas trees, and pop-up commercial uses in commercial districts.. “Theaters and Meeting Halls” means an indoor facility in which performances or events are held. The use supports public assembly and group entertainment (e.g., live theater and concerts), and it includes: auditoriums; exhibition and convention halls; motion picture theaters; meeting halls; theaters; and similar public assembly uses. This use does not allow sporting events. (NAICS codes: 512131, 711110, 711120, 711130, and 711310) Tool repair, commercial. "Commercial tool repair" means a business whose primary activity is the repair of commercial instruments used or worked by hand or machinery. "Town" means the town of San Anselmo.
"Town Council" means the Town Council of the Town of San Anselmo. "Transitional housing" means a building or buildings configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.
“Transportation Services, Transit Stop” means a site served by at least one fixed bus route. (NAICS code: 485210)
"Trellis" means an open-air, horizontal structure used to shade the side of a building or support plants.
"Trip ends" means a total count of the round trips generated by vehicles entering and leaving a property.
Triplex. Refer to " Residential, Multi-Family (2 to 4 units)." "Unenclosed" means a space with or without a permanent roof that is not enclosed by walls, windows or doors on at least two (2) sides. Insect screening would not constitute enclosure.
"Urban Lot Split" means a subdivision of an existing parcel into no more than two (2) separate parcels of approximately equal size and meeting all the criteria and standards of Title 10, Chapter 2, Article 7, Section 10-2.705.
"Use" means the purpose for which a lot, or a building located on a lot, is designed, designated or maintained.
Use, accessory. Refer to "accessory use."
Use, nonconforming. Refer to "nonconforming use."
"Utility substation" means a facility, operated by a public or private company whose business it is to deliver water, gas, electricity, telephone, cable television, or other public utility services which is necessary for the distribution of the service but in which the service is not produced.
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“Vehicle Repair and Maintenance” means provision of a wide range of mechanical and electrical repair, engine repair and replacement, and cleaning and maintenance services of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use.
Wholesale and retail ancillary sales of vehicle parts as an accessory use is allowed. This use does not include automotive fuel sales (see “Service Stations”). (NAICS codes: 811111, 811114, 811191, 811192, and 811490)
"Very low income household" shall have the meaning set forth in Health and Safety Code Section 50105.
Visual impact.
“Absent significant visual impact” means although new dwellings and additions may be visible offsite, the effect will not have a negative visual impact on surrounding properties or other significant viewpoints located offsite due to size, location, materials, colors, landscape screening, or combination thereof.
“Not materially visible offsite” means new dwellings and additions which will be totally or nearly obscured from surrounding properties or other significant viewpoints located offsite due to size, location, materials, colors, existing landscape screening, or combination thereof.
Wall, retaining. "Retaining wall" means a structural wall designed to retain earth. "Water tank" means a tank, which may be constructed below grade or wholly or partially above grade in which is stored water for domestic consumption or irrigation. “Wholesale and Distribution” means establishments that sell merchandise to other firms for resale, or serve as the agent or broker in purchases or sales of merchandise to individuals or companies. This business may store goods on-site in anticipation of goods transfer to the buyers upon sale. These businesses are not permitted to display merchandise, as they are not intended to attract retail sales (see “Retail Stores, General Merchandise”). This classification does not include the retail sale of building materials (see “Building Material Stores”). (NAICS codes: 423440, 425120, and 424990)
“Wireless Telecommunications Facilities” means establishments primarily engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves. Establishments in this industry have spectrum licenses and provide services using that spectrum, such as cellular phone services, paging services, wireless Internet access, and wireless video services. (NAICS code: 517112)
"Windmill" means a mechanical device powered by the wind which is designed to generate electricity either for the lot on which the windmill is located or for sale. "Xeriscape" means landscaping showing a dry view.
"Zoning ordinance" means the zoning ordinance of the Town of San Anselmo as contained in Chapter 3 of the San Anselmo Municipal Code.
7. Title 10, Chapter 12, Emergency Shelter, repealed and replaced as follows:
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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.
10-12.02 Definitions.
"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. 10-12.03 Emergency shelters.
(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.
400
(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.
(e) 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.
(f) No emergency shelter shall be located within 300 feet of another emergency shelter site. (h) 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. 401
EXHIBIT B
ZONING CODE MAP AMENDMENTS
402
Item #: 1.7
STAFF REPORT
TOWN OF SAN ANSELMO Item # 1.7
MEETING DATE: August 22, 2023
AGENDA TITLE: Approval of Resolution Revising a Statement of Investment Policy for Fiscal Year 2023-2024
FROM: Jeff Zuba, Finance & Admin Services Director
RECOMMENDATION: That the Town Council approve the attached Resolution revising the Statement of Investment Policy for fiscal year 2023-2024.
BACKGROUND
The purpose of the Town’s investment policy is to ensure, through the prudent investment of its idle cash, that the Town obtains the highest yield possible without risk to the safety and liquidity of its funds.
The Town has maintained a Statement of Investment Policy since 1985. Town staff reviews the policy on an annual basis and updates the policy as needed to comply with the California Government Code Section 53600 et seq.
Staff has reviewed and revised the attached Statement of Investment Policy to include more allowable investment types. The policy presented for Council consideration complies with the California Government Code Section 53600 et seq.
In compliance with the policy, the Town’s idle cash is invested when interest exceeds the interest generated by the operating fund bank account. Finance Department staff reconcile all Town accounts on a monthly basis. The Town Treasurer reviews the reconciliation reports and, together with the Director, prepares a Quarterly Investment Report for presentation to the Town Council.
FISCAL IMPACT
There would be no direct fiscal impact to the Town to approve this resolution.
GENERAL PLAN CONSISTENCY
Not applicable.
403
Item #: 1.7
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Council’s discussion of this item is not a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).
ATTACHMENTS
Attachment 1: 2023-2024 Investment Policy Resolution
Attachment 2: 2023-2024 Statement of Investment Policy
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ITEM 1.7 – ATTACHMENT 1
ITEM 1.7 – ATTACHMENT 1
RESOLUTION NO. XXXX
RESOLUTION OF THE SAN ANSELMO TOWN COUNCIL SETTING A
STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2023-2024 WHEREAS, the State of California Government Code requires the Town to review and update the Town’s Statement of Investment Policy annually; NOW THEREFORE BE IT RESOLVED, that the San Anselmo Town Council hereby adopts the revised Statement of Investment Policy for Fiscal Year 2023-2024 attached hereto.
RESOLUTION PASSED AND ADOPTED at the regular meeting of the San Anselmo Town Council on the 22nd day of August, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Steve Burdo, Mayor
ATTEST:
____________________________________
Serge Avila, Town Clerk
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ITEM 1.7 – ATTACHMENT 2
ITEM 1.7 – ATTACHMENT 2
TOWN OF SAN ANSELMO
STATEMENT OF INVESTMENT POLICY
Fiscal Year 2023-2024
PURPOSE
This Statement is intended to provide guidelines for the prudent investment of the Town’s temporary idle cash, and to outline the policies for maximizing the efficiency of the Town’s cash management system. The ultimate goal is to enhance the economic status of the Town while protecting its pooled cash. The Statement of Investment Policy is reviewed annually by the Town Council, and any modifications to the statement must be approved by the Town Council.
OBJECTIVE
The Town’s cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the town to invest funds to the fullest extent possible.
The town attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity.
POLICY
San Anselmo operates its temporary pooled idle cash investments under the prudent investor standard as defined in Government Code Section 53600.3. “When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence… that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.” This affords the Town a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under Government Code Section 53600, et seq.
Criteria for selecting investments and the order of priority are:
1. Safety: The safety and risk associated with an investment refers to the potential loss of principal and interest, or a combination of these elements. There is safety if there is assurance that principal will be preserved.
2. Liquidity: An investment is liquid if it can be converted to cash with a minimal chance of losing principal or interest.
3. Yield: Yield is the potential earnings of an investment, or its rate of return. 406
ITEM 1.7 – ATTACHMENT 2
ITEM 1.7 – ATTACHMENT 2
Investments may be made in the following instruments:
United States Treasury obligations.
United States Agency obligations.
Federal Instrumentalities.
Negotiable Certificates of Deposit
Non-negotiable Certificates of Deposit
Local Agency Bonds
State of California and Others Bonds and Registered Warrants. Bonds, Notes, Warrants or other evidence of indebtedness of a local agency within the State of California.
Medium-term notes of a maximum of five years maturity issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of “A” or its equivalent or better by a nationally recognized rating service. Purchase of eligible medium-term notes may not exceed thirty percent (30%) of the Town’s surplus money. California State Local Agency Investment Fund (LAIF) Pooled Money Investment Program operated by the State Treasurer’s office.
Passbook Savings Account Demand Deposits.
Other investment instruments authorized by State legislation shall not be used unless Town Council approval is obtained.
Safekeeping:
Securities purchased from broker/dealers shall be held in third party safekeeping by the trust department of the Town’s bank, or other designated third party trust, and in the Town’s name and control whenever possible.
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ITEM 1.7 – ATTACHMENT 2
ITEM 1.7 – ATTACHMENT 2
Town Constraints:
The Town strives to maintain the level of investment of all funds as near to 100% as possible through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the Finance and Administrative Services Director.
All participants in the investment process shall act responsibly as custodians of the public trust.
Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust. Nevertheless, in a diversified portfolio, it must be recognized that occasional measured losses are inevitable and must be considered within the context of the overall portfolio’s investment return, provided that adequate diversification has been implemented. The basic premise underlying the Town’s Investment Policy is to ensure the Town’s financial integrity.
________________________________________ Dated: ______________________ David P. Donery, Town Manager
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Item #: 1.8
STAFF REPORT
TOWN OF SAN ANSELMO Item #:1.8
MEETING DATE: August 22, 2023
AGENDA TITLE: Proclamation Recognizing George Lucas for His Outstanding Citizenship
FROM: Serge Avila, Town Clerk
RECOMMENDATION
Staff recommends that the Town Council adopts the attached proclamation.
BACKGROUND/DISCUSSION
The Town of San Anselmo takes immense pride in recognizing the remarkable contributions of its residents to the enrichment of the community. A proclamation recognizing George Lucas for his outstanding citizenship, devotion, and service to the Town of San Anselmo is attached to this staff report for consideration and adoption.
FISCAL IMPACT
None.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
This activity is not defined as a project under CEQA (Section 15378 CEQA Guidelines).
ATTACHMENTS
1) Draft Proclamation
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410
Item #: 1.9
STAFF REPORT
TOWN OF SAN ANSELMO Item #:1.9
MEETING DATE: 8/22/23
AGENDA TITLE: Consideration of Special Event Application – Goblins’ BOOtacular 2023
FROM: Mattie O’Grady – Recreation Manager
RECOMMENDATION: That Council approve the San Anselmo Recreation Department’s application for the Goblin’s BOOtacular event scheduled for Friday, October 27, 2023, from 5:00 – 7:00 pm.
That Council approve closing San Anselmo Avenue between Tunstead Avenue and Tamalpais Avenue on Friday, October 27th, 2023 beginning with closing the street to incoming traffic at 3:00pm and closing San Anselmo to all vehicles from 4:00pm8:00pm.
BACKGROUND
For the past many years, the annual Goblin’s BOOtacular event has attracted hundreds of families to downtown San Anselmo. Along with Town staff, the event has involved many volunteers who help with participant safety and assistance in handing out treats at “stations” along the Avenue. These stations supplement what is provided by participating merchants and the Fire Department.
DISCUSSION/ANALYSIS
The Goblin’s Spooktacular is a popular event and draws up to 1,000 people, and families show up early. Central Marin Police Authority recommends that the streets be closed two hours prior to the event for the safety of the families. The earlier street closure will allow for pedestrians to safely arrive for the event after all vehicles have cleared from San Anselmo Avenue. Therefore, CMPA is recommending that San Anselmo Avenue between Tunstead Avenue and Tamalpais Avenue be closed to incoming traffic at 3:00pm and closing San Anselmo to all vehicles from 4:00pm8:00pm.
FISCAL IMPACT
Due to a confirmed sponsorship, there would be no direct fiscal impact to the Town to approve this item.
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Item #: 1.9
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The proposed project is exempt from the California Environmental Quality Act (CEQA), under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (Cal. Code Regs. tit. 14, § 15061).
Attachment 1 – Event Application
412
TOWN OF SAN ANSELMO
1000 Sir Francis Drake Blvd.
San Anselmo, CA 94960
(415) 258-4640
APPLICATION FOR COMMUNITY-BASED EVENTS
Please complete this application if you wish to conduct a community-based event (non-commercial) in downtown San Anselmo on public property for more than 50 people, or involving the closure of a downtown street for more than fifteen minutes. The application will be reviewed by staff, and forwarded to the Town Council for approval.
EVENTINFORMATION
Name of event: 2023 Goblin’s BOOtacular
Organization(s) presenting the event: Town of San Anselmo – Recreation Department Other event sponsor(s), if any: Eric Gelman
Contact Person: Dawn Jones Phone Number: 415-991-9145
Address: 1000 Sir Francis Drake Blvd #14, San Anselmo email:[email protected] Event Date(s): Friday, October 27, 2023
Start and end times: 5:00pm to 7:00pm Number of attendees (estimate): 800+/- Location: San Anselmo Avenue between Tunstead and Tamalpais (although businesses outside of the street closure are also encouraged to participate).
Will alcohol be served or sold? Yes
Brief Description of Event:
No X
The Goblin’s Spooktacular is an annual town-wide Trick or Treat event for children ages 11 and under.
Participants will ‘trick or treat’ along the downtown corridor on San Anselmo Avenue. Staff is asking for Public Works staff begin with closing the street to incoming traffic at 3:00pm and closing/barricading San Anselmo Avenue to all vehicles from 4:00pm-8:00pm from Tunstead to Tamalpais. A-frame signs at the intersections of Cedar Street and, Pine and Tunstead will alert drivers that SA Ave is closed ahead. Kientz Lane and Library Place will be opened for two-way traffic during the event.
Public space requested:
Creek Park Creek Park Parking Lot
Pine Street Parking Lot Magnolia Parking Lot
X_ Town Hall Lawn
Other
X_ Council Chambers
X San Anselmo Avenue: from (cross streets) San Anselmo Avenue will be closed to through traffic and barricaded off from Tunstead Avenue to Tamalpais Avenue
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Standards & Objectives
The Town Council, with input from downtown merchants, property owners, and local residents, has adopted the following criteria they will consider when reviewing applications for the closure of roadways or other public space in the downtown area.
Does the event:
Attract local residents
Attract people throughout the Bay Area
Attract families
Generate interest for people to return and spend money in local businesses Create a positive impact for real estate stimulation
Provide a overall positive impact on business
Provide an opportunity for downtown merchants to participate in the event Provide access to neighborhood streets during the event Avoid conflicting with a retail holiday
Assure public safety
Provide adequate parking
Benefit the Town
Provide access for persons with disabilities
Provide for clean-up by event organizers
Provide emergency vehicle access
Assure that any booths or other structures are designed and placed so that storefronts have access and visibility
Allow local businesses to exhibit merchandise on the sidewalk area in front of their stores, without charge, while maintaining wheelchair access
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CONDITIONS OF APPROVAL
The following conditions apply to downtown events, unless waived or modified by the Town. Other conditions, as set by the Town Council and staff, may apply to particular eventsfor public safety or other objectives of the Town.
A. Police: Off-duty police officers may be required for the event, as determined by the Police Chief, depending on the number of people attending and the nature of the event. Off-duty police officers are required during events where alcohol is served or sold.
B. Emergency access: An emergency access lane of at least 14 feet wide must be maintained at all times.
C. Insurance: Proof of general liability insurance, naming the Town, its employees, and agents as additional insured, at limits no less than $1,000,000.
D. Recycling and garbage: Extra containers for recycling cans and bottles, and garbage cans must be placed throughout the area of the event. Containers and cans are to be emptied when full during the event, and picked up after the event.
E. Toilet facilities: Events estimated to attract more than 100 people and lasting more than two hours must provide portable toilets, in the number and location as approved by the Parks superintendent, unless alternate arrangements for toilet facilities are otherwise required or arranged to the approval of the Parks Superintendent. Toilet facilities must be provided for disabled persons at each location where portable facilities are provided. Hand washing facilities must be provided where food is served.
F. Traffic control: A traffic and parking control plan, including enforcement measures, must be approved by the Police Chief.
G. Noticing: Events that include closure of the street will require a minimum of five days advance written notice to businesses and residents directly adjacent to the business or residential property.
H. Sales tax: Persons or businesses selling items as part of the event shall designate San Anselmo as the point of sale for sales tax purposes.
I. Alcoholic beverages: A permit is required from the Police Chief and the State Department of Alcohol Beverage Control in order to serve or sell alcoholic beverages. Off-duty police officers are required if alcohol is served or sold.
J. Fire inspection: A fire inspection is required of any and all appliances or devices that produce an open or enclosed flame and/or hot materials, including food.
K. Creek Park: No more than three booths are allowed inside the turf areas of the park.
L. Signs and barricades: Any “No parking signs” that are needed are to be provided by the event organizers, and posted according to the traffic control plan prior to the event. Barricades, detour signs, and other traffic control devices are to be provided by the event organizers.
M. Parking: Temporary accessible parking must be provided if a street closure or other event condition renders permanent accessible parking unusable.
N. Cables: Cables must be covered so as not to create a tripping hazard. When cable covers are used, they must not create a tripping hazard and must be navigable by wheelchair. The path of travel must be no more than 1:12.
On behalf of the organization applying for the permit to conduct the event, I have read and agree to follow the standards for events, as stated in this application, and have read and agree to follow the permit conditions as stated in this application and those which may be required of me as conditions of approval.
Name: Dawn Jones Date: June 14, 2023
415
NAME OF EVENT: Goblin’s BOOtacular DATE OF EVENT: Friday, October 27, 2023
DEPARTMENT COMMENTS/CONDITIONS APPROVED BY
POLICE Traffic controls will be provided as detailed in event description.
M. Norton
FIRE No additional conditions D. Mahoney
RECREATION No additional conditions D. Mauk
PUBLIC WORKS DPW to provide event barricades and a-frame signs and block of San Anselmo Avenue to through traffic from
Tunstead to Tamalpais Avenue
S. Condry
J. Healy
ADMINISTRATION No additional conditions. D. Donery
TOWN COUNCIL
416
Item #: 1.10
STAFF REPORT
TOWN OF SAN ANSELMO Item #:1.10
MEETING DATE: 8/22/23
AGENDA TITLE: Consideration of Special Event Application – Three Gents Theatre Company’s Twelfth Night 2023
FROM: Mattie O’Grady – Recreation Manager
RECOMMENDATION: That Council approve the Three Gent’s and San Anselmo Recreation Department’s application for the Twelfth Night community theatre productions scheduled for September 10th, 17th, and 24th, 2023, from 12:00 – 5:00 pm at Creek Park.
BACKGROUND
Three Gents Theatre Co. is a new Marin-based theatre company that offers exciting and accessible theatre to the Ross Valley and North Bay community. Drawing from a diverse local pool of trained artists, including theater educators and creators with over 40 years of combined experience in specialties ranging from Musical Theater, Mime, Clowning, Acrobatics, and countless musical instruments. They would like to bring their production of Twelfth Night to the Creek Park stage this summer as an opportunity to provide free Shakespeare in park to the greater North Bay community, and to invite community to engage in the thriving downtown San Anselmo community.
DISCUSSION/ANALYSIS
Each show will be approximately 1 hour and 45 minutes long, from 2:00-3:45pm.
This event will have very low impact on the park and require very little staff time or infrastructure. All performances will be acoustic and therefore will not require amplification. All set pieces will be loaded in the day of the performance and loaded out immediately following. Nothing will be permanently affixed to the stage or cause any damage to the stage area. This is a free event for all ages and therefore will not require perimeter fencing.
San Anselmo Recreation has been interested in adding community theatre to its list of annual events, and due to the low impact and staff time required for this event series, 417
Item #: 1.10
feel this is a good opportunity to see if theatre is a good fit for the community and addition to the town wide event calendar.
FISCAL IMPACT
There would be no direct fiscal impact on the Town to approve this item.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The proposed project is exempt from the California Environmental Quality Act (CEQA), under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (Cal. Code Regs. tit. 14, § 15061).
Attachment 1 – Event Application
Attachment 2 – Press Packet
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419
420
421
Requires compliance with all ADA regulations (including not blocking sidewalks) 422
Three Gents Theatre Co. Debuts
Shakespeare’s "Twelfth Night"
Our Mission
Three Gents Theatre Co is a new Marin-based theatre company founded by Gillian Eichenberger, Jamin Jollo, and Abs Wissink. Three Gents offers exciting and accessible theatre to the Ross Valley and North Bay community. drawing from A diverse local pool of trained artists, including theater educators and creators with over 40 years of combined experience in specialities ranging from Musical Theater, Mime, Clowning, Acrobatics, and countless musical instruments.
Utilizing classical texts and updated settings; the stories are fresh, and nostalgic. Three Gents produces historical productions with a modern edge, to inspire communities of all ages and backgrounds to bring the show home, whether in conversation, contemplation, and most importantly, laughter.423 Who are the "Three Gents?"
Abs Wissink (They / Them) (Feste / Director)
is a director, performer, and teaching artist who studied theatre and vocal performance.
They have spent the last ten years engaging in many aspects of theatrical production, from performing, to stage managing, producing, directing, teaching, and beyond. Abs has worked as a teaching artist, associate professor of directing, live radio DJ, and choral singer. They began their performing arts journey in Eastern Washington, and are so excited to be making their directorial debut in Marin with Twelfth Night and Three Gents.
Gillian Eichenberger (She / They) (Olivia / Costume Design) Gillian is a multi-faceted creator, working as an actor, director, musician, and theater educator. She has performed all over the Bay for the past 20 years, with companies including Marin Theater Company, Ross Valley Players, The SF Mime Troupe, and Novato Theater Company.
She recently directed "A Doll’s House Pt. 2," and played Juliet in “Romeo and Juliet. She has taught with Stanford University, Katia & Co. Redwood High School, Throckmorton Theater, and Privately through the Kayla Gold Vocal Studio.
Jamin Jollo (He / Him) (Orsino / Andrew / Scenic Design) Jamin Jollo is a builder, mime, and acting teacher from Southern Oregon. When he’s not engaging crowds with Shotgun Players or Circus Center, Jamin teaches and directs young actors for Marin Shakespeare Company, with an emphasis on physical storytelling and movement artistry. A jack of many trades: Jamin serves as a combat choreographer and resident set builder for Three Gents Theatre, and works with Abs and Gillian to support the production’s emotional journey with aesthetically engaging scenery and prop construction.
Our Mission
Three Gents Theatre Co is a new Marin-based theatre company founded by Gillian Eichenberger, Jamin Jollo, and Abs Wissink. Three Gents offers accessible theatre to the Ross Valley and North Bay community, drawing from a local, diverse talent pool of experienced actors and creators. Utilizing classical stories and adapted settings, Three Gents produces historically educational productions with engaging narratives to inspire communities of all ages and background.
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2023 SEASON
"Twelfth Night" by William Shakespeare
Director: Abs Wissink
August-September 2023
Run Time: 1 1/2 Hours (Including 15 min Intermission)
CAST
Gillian Eichenberger
Diego Hardy
Lindsay John
Jamin Jollo
Rachel Kaiulani Kennealy
Thomas Peterson
Abs Wissink
Parental Guidance
Our performance of Twelfth Night will be family friendly.
All ages are welcome, but we suggest no babes in arms.
We are excited to potentially be the first Shakespeare experience for a child (or an adult!) in the North Bay.
Our show includes light stage combat, and portrayals of drinking. No extreme violence, profanity, or sexual situations are included in our production. This information will be provided in our marketing materials. 425
426
Partner with local businesses to advertise concessions and local dining options Integrate education programs including youth productions; stage combat --classes, Engage with diverse performing artists in the Ross Valley and greater Marin county, and provide them local paid performing opportunities
BEYOND THE STAGE
Three Gents Theatre provides high-caliber productions with a focus on community Building.
Growth and Neighborhood integration goals for future productions:
text analysis, and vocal/singing training for local professionals and young artists Thank you for your time and consideration!
ART KEEPS THE FLAME BURNING WHEN WE NEED LIGHT THE MOST 427
Item #: 3.1
STAFF REPORT
TOWN OF SAN ANSELMO Item #: 3.1
MEETING DATE: August 22, 2023
AGENDA TITLE: Memorial Park Athletic Field Renovation Project FROM: Public Works
RECOMMENDATION:
1. Receive an update on the Memorial Park Athletic Field grass; and
2. Accept the Memorial Park Athletic Field Renovation project and authorize staff to file a Notice of Completion.
BACKGROUND/DISCUSSION
On August 5, 2022, the Memorial Park Athletic Field Renovation Project was awarded to Marina Landscape in the amount of $593,490.97. The Engineer’s Estimate was $800,000, and the second lowest bid was $796,350. Marina was also the low bidder in 2021 for the project, which was delayed due to the ongoing drought. With change orders (about 10% of the bid amount), the total construction cost was $653,699.54.
The project scope included tilling the top 12” of the field, regrading the field for improved drainage, soil amendment (120 bags of fertilizer), installing new irrigation piping and sprinkler heads, improving the water wells, installing a recycled water line for future use, subsurface infiltration drainage at the outfields, laying Fescue sod, followed by a 90-day maintenance period. The sod placement started November 28, but was delayed by an atmospheric river, with the last of the sod installed on December 22.
The 90-day maintenance period extended to the end of March. The temporary fence was removed and the field opened to the public on February 21 but ideally would have been closed longer to allow the sod to take root.
Throughout the summer, staff (as well as the public) noticed that areas of the field were turning brown. Staff hired a turf consultant, Brian Nettz, who manages all of the turf areas at the Presidio in San Francisco, including the Presidio Golf Course, the Main Parade Grounds and the Crissy Field lawns. Mr. Nettz’s first observation was that the Memorial Park field has an extremely high amount of use, from dog walkers starting at 428
Item #: 3.1
daybreak, picnics, sports camps, softball, soccer, parties (with bounce houses), etc. In his opinion, the fields are used more intensely than at Crissy Field, and thus, the field is in a ‘constant state of recovery’ and needs constant attention to maintain turf health.
Mr. Nettz has been making weekly site visits, and has the following list of recommendations for town staff:
Based on evapo-transporation (ET) tables for our area, the Town should be watering approximately 1.5” of water per week. This should be applied over 3 or 4 nights per week to allow the turf to dry out a bit between waterings. Past practice on the old lawn was watering 6 nights per week throughout most of the summer. This worked well on the established lawn with deep roots (8-12”), but was not ideal for the new lawn with shallower roots (1”). It takes several years for the roots to grow deep, and watering alternate days helps encourage deep root growth.
Staff has been using irrigation cups to accurately measure the water applied at different parts of the field during the overnight watering. Mr. Nettz also recommends fine-tuning each area of the field by monitoring water pressure at each sprinkler head, changing orifice size of specific heads if needed, and adjusting run-times in each zone to give each area the correct amount of water.
Mr. Nettz also recommends fertilizing the field every 5 to 6 weeks. This should be done in concert with core aeration and overseeding with ryegrass. The Town owns a ‘tine’ aerator that pokes holes in the turf to allow oxygen and water to better penetrate. Mr.
Nettz recommends a ‘core’ aerator that cuts out plugs of grass and soil several inches deep that are later broken up and spread over the grass (with the ryegrass seed) by dragging a screen across the field. Core aerators cost approximately $65,000. Staff will look into renting one to test it out.
Mr. Nettz said it would be ideal to have one day of rest for the field each week, but that is not practical with a much-loved field with such intense use. Recovery will have to wait until the winter months.
While the fields have received much needed grading, drainage, and irrigation improvements along with the new grass sod, the long-term care of the fields will be ongoing and in constant need of maintenance due to the high use. Town staff will continue to monitor and improve field maintenance, but this will take staff time and Town funds on an ongoing basis if we wish to keep the field healthy and vibrant.
FISCAL IMPACT
Work was substantially completed in accordance with the project plans and specifications, and fully available for use on February 21, 2023.
The total construction cost of the project was $653,699.54, about 10% over the bid amount.
429
Item #: 3.1
Funding for the project was included in the Town’s 2022/2023 Budget and Work Plan, and is available from the following sources:
Measure A County Sales Tax for Parks $421,427.00
State Bond for Parks (Proposition 68) $177,982.00
Measure D $ 54,290.54
Total $653,699.54
GENERAL PLAN CONSISTENCY
The project is consistent with the General Plan Parks and Recreation Goals.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Town finds this project to be categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 Class 1, because it involves repair of existing public facilities involving negligible or no expansion of use. (14 Cal. Code Regs. § 15301).
The Memorial Park Athletic Field Renovation Project addressed San Anselmo’s Climate Action Plan (CAP) 2030, specifically CAP Measure C-2, replace inefficient irrigation systems. The improvements to the walking and biking path addressed CAP Measure T-2 (Bicycling) and T-3 (Walking).
ATTACHMENTS
None
430
Item #: 3.1
431
Item #: 3.2
STAFF REPORT
TOWN OF SAN ANSELMO Item #: 3.2
MEETING DATE: August 22, 2023
AGENDA TITLE: Memorial Park Parking Lot Renovation Project FROM: Public Works
RECOMMENDATION: Authorize the Town Manager to award the construction contract to the lowest responsible bidder.
BACKGROUND
At the February 14, 2023 Council meeting, the Town Council approved plans and specifications for improvements at the Memorial Park Parking Lot. The improvements include repaving the parking lot, installing sidewalks on both sides of the lot, replacing the concrete valley gutter, installing bioretention to treat the storm drainage, paving the path between the restroom and Alderney Road, installing conduit for future EV charging and solar panels, installing piping for future recycled water, and installation of solar pedestrian path lighting.
The design consultant’s Engineer’s Estimate was $1,066,500, which included a 10% contingency. Town staff thought some elements would cost less, and estimated the project would cost about $875,000.
The project was put out to bid on June 30, and bids were opened on August 8. One bid was received from Ghilotti Bros., Inc. for $1,099,695. The bid is responsive, and the bidder is responsible.
DISCUSSION/ANALYSIS
The construction bid is above the available funds for the project. The Project Specifications allow the Town to delete entire bid items from the project. Staff has identified several bid items that can be deleted, including fencing around the bioretention area, as well as additional decomposed granite areas adjacent to the picnic area. Deleting these items and other modifications during construction can potentially reduce the project cost by about $244,000 while maintaining the required project elements approved by the Town Council.
432
Item #: 3.2
California Public Contracts Code does not allow the contractor and the Town to negotiate elements of the work prior to awarding the contract, so if the Town Council approves, the Town Manager will sign the contract for the bid amount, which will allow Town staff and the contractor to value-engineer several items during construction.
In addition, several bid items (electrical conduit for future EV charging stations) may be covered by grants, further reducing the project cost to the Town.
Memorial Park will turn 100 years old in 2026 and is in much need of repair. The replacement of the athletic fields, the rehabilitation of the playgrounds and skatepark, and the widening of the path to accommodate bicyclists and pedestrians are major steps in the right direction towards restoring the Town’s jewel of a park. However, repairing the dilapidated parking lot and bringing it up to State code requirements for accessibility while installing new sidewalks, a stormwater bioretention facility, purple pipe for future grey or black water, as well as EV charging stations (with the capacity to add more in the future), along with potential solar panels is a significant improvement to the park that includes green technology throughout.
While the bid is higher than expected Town staff will work with the contractor to value engineer the project per the specifications thus reducing cost but maintaining the required elements of the project. Therefore, staff recommend that Council authorize the Town Manager to award the project with the goal of reducing the costs as outlined above.
FISCAL IMPACT
The Memorial Park Parking Lot Renovation Project has an Engineer’s Estimate of $875,000 from Town staff which would come from Measure D funds with additional potential funding coming from grants for EV charging.
Estimated construction cost after deleting or revising certain bid items $856,000 Construction contingency (10%) $86,000
Total construction cost $942,000
Available Funding:
Measure D $594,000
Measure J $62,000
General Fund reserve funds $286,000
Total funding $942,000
GENERAL PLAN CONSISTENCY
This project is consistent with the General Plan Parks and Recreation goals.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Town finds this project to be categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act 433
Item #: 3.2
(CEQA) under CEQA Guidelines Section 15301 Class 1, because it involves repair of existing public facilities involving negligible or no expansion of use. (14 Cal. Code Regs. § 15301).
The Memorial Park Parking Lot Renovation Project will address San Anselmo’s Climate Action Plan (CAP) 2030, specifically CAP Measure T-1, T-2, and T-3, EV charging, improved bike paths, and new sidewalks, respectively. Future improvements may also address energy conservation, E-8, if solar panels were installed.
ATTACHMENTS
None
434
Item #: 3.3
STAFF REPORT
TOWN OF SAN ANSELMO Item #: 3.3
MEETING DATE: August 22, 2023
AGENDA TITLE: Introduce an Ordinance Amending the Town’s Green Building Regulations
FROM: Sean Youra, Climate Action Coordinator
Erica Freeman, Building Official
RECOMMENDATION:
An ordinance of the Town repealing and replacing San Anselmo municipal code title 9 (building regulations) chapter 19 (green building requirements) to adopt amendments to the California green building standards code to reflect local conditions.
BACKGROUND
On February 14, 2023, staff presented the background and details of the County’s green building model reach code to the Town Council. The model reach code was developed in collaboration with local jurisdiction staff and stakeholders including community-based organizations, the building community, utilities, Town/City commissions, Town/City councilmembers, and residents.
On June 27, 2023, staff presented recommendations for adoption of the requirements in the model reach code including the following recommended revisions:
Not including the all-electric requirements for new construction. Not including separate EV charging infrastructure requirements for hotels and motels.
Add a requirement for new multifamily construction to install long-term bike parking per CALGreen Section A4.106.9.2.
The Town Council directed staff to bring back an ordinance for first reading that incorporates the model reach code requirements with staff recommended revisions.
However, the Council also directed staff to bring back examples of projects that would have to comply with the electric-readiness requirements as covered in Table 3 of the model reach code. Additionally, the Council directed staff to evaluate whether any CALGreen Tier 2 requirements should be considered for adoption rather than just 435
Item #: 3.3
CALGreen Tier 1 requirements as covered in Section 19.04.135 and Table 1 of the model reach code.
DISCUSSION/ANALYSIS
The proposed Ordinance incorporates the model reach code requirements with staff recommended revisions (Attachment 1). Staff has also analyzed the electric-readiness requirements and CALGreen requirements further, which are discussed in the following sections and include staff recommendations for these specific requirements that are already incorporated in the proposed Ordinance.
Electric-Readiness Requirements and Costs
The electric-readiness requirements and exemptions in the model reach code that apply to single-family additions and alterations affecting 750 or more square feet are summarized below based on whether the project includes a laundry room remodel, a kitchen remodel, and/or an electrical panel upgrade. Electric-readiness means that wiring, outlets, and sufficient electrical capacity are provided for the future installation of electric appliances. Importantly, none of the projects covered in the table require all appliances in the home to be electric-ready. Rather, the specific electric-readiness requirements are dependent on the type of project (e.g., an applicable laundry room remodel would require the clothes dryer to be electric-ready). These requirements are further detailed in Table 3, Measure ER2 of the model reach code.
Type of Project Requirements Exemptions
Laundry Room
Remodel
Electric Clothes Dryer
Ready
Upgrade main panel to
200 A unless electrical
load calculations
indicate future
connection of electric
appliances can be
served with 100 A
Any buildings besides singlefamily buildings as defined in the code
If the entire remodel project
(including the laundry room
remodel) is less than 750 sq. ft.
If an electrical permit is not
required for the remodel project
other than compliance with this
requirement
Hardship/infeasibility (e.g.,
compliance cost disproportionate
to overall project cost)
New attached ADUs or JADUs
Mobile homes, manufactured
housing, or factory-built housing
Income qualified homeowners
based on eligibility for California
Alternative Rates for Energy
(CARE) or Family Electric Rate
Assistance (FERA) programs
Kitchen Remodel Electric Cooktop Ready
Upgrade main panel to
200 A unless electrical
load calculations
Any buildings besides singlefamily buildings as defined in the code
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Item #: 3.3
Type of Project Requirements Exemptions
indicate future
connection of electric
appliances can be
served with 100 A
If the entire remodel project
(including the kitchen remodel) is
less than 750 sq. ft.
If an electrical permit is not
required for the remodel project
other than compliance with this
requirement
Hardship/infeasibility (e.g.,
compliance cost disproportionate
to overall project cost)
New attached ADUs or JADUs
Mobile homes, manufactured
housing, or factory-built housing
Income qualified homeowners
based on eligibility for California
Alternative Rates for Energy
(CARE) or Family Electric Rate
Assistance (FERA) programs
Electrical Panel
Upgrade (as part of
a remodel project)
Install any two electric
readiness measures
along with the panel
upgrade (e.g., heat
pump water heater
ready, electric cooktop
ready, EV charger
ready)
Any buildings besides singlefamily buildings as defined in the code
If the panel will not be upgraded
as part of the remodel project
Hardship/infeasibility (e.g.,
compliance cost disproportionate
to overall project cost)
New attached ADUs or JADUs
Mobile homes, manufactured
housing, or factory-built housing
Income qualified homeowners
based on eligibility for California
Alternative Rates for Energy
(CARE) or Family Electric Rate
Assistance (FERA) programs
It is generally difficult to estimate costs with these types of projects due to the number of different factors that can influence the total cost. However, based on a cost analysis previously presented to the Town Council at the June 27th meeting, the average cost for an electrical panel upgrade is approximately $6,750 before incentives. This is slightly higher than the County’s estimated cost range of $4,000 - $6,000 for an electrical panel upgrade. With Electrify Marin rebates and the Inflation Reduction Act (IRA) tax credit, this cost can be reduced to $5,650 or $5,150 (for low-income qualified homeowners).
Future IRA rebates that are expected to be available by the end of the year will cover up to $4,000 of the panel upgrade cost for low- and moderate-income households. A $2,000 rebate for electrical panel upgrades will also be available to homeowners that also install a heat pump water heater (HPWH) as part of the TECH Self-Generation Incentive Program (SGIP) program that will be available in Q3 2023. As stated in the requirements in the table above, the electrical panel does not need to be upgraded to 437
Item #: 3.3
200 A for kitchen and laundry remodels if it can be shown through load calculations that 100 A would provide sufficient capacity for future installation of electric appliances.
Estimated wiring costs specific to kitchen or laundry remodels could not be determined, but wiring for 240 V circuits for applicable electric appliances in a home is estimated to be around $2,000 - $2,500. Costs can be significantly reduced or eliminated if 240 V circuits aren’t required and the existing 120 V circuits can be used. Additionally, up to $2,500 in IRA rebates will be available to low- and moderate-income households to cover electrical wiring costs associated with installing electric appliances.
Based on the analysis discussed above, staff still recommends that the electricreadiness requirements be included in the adoption of the proposed Ordinance. It is important for single-family homes, which make up the majority of the building stock in San Anselmo, to start planning for the future electrification of appliances if the Town is to achieve its greenhouse gas (GHG) emissions reduction goals by 2030 and to reduce the negative public health impacts associated with the use of gas appliances that were discussed with the Council at the February 14th meeting. The costs associated with the electric-readiness requirements can be avoided through careful planning in many cases or can be significantly reduced by applying for applicable rebates and tax credits.
CALGreen Tier 1 vs. Tier 2 Requirements
Part 11 of the California Building Standards Code includes green building standards referred to as CALGreen. These green building standards were developed in an effort to meet the GHG emissions reduction goals codified in AB 32. The main intent of CALGreen is to ensure sustainable construction practices for both new buildings and applicable additions and alterations. CALGreen includes five main divisions:
1. Planning and Design (includes EV charging infrastructure requirements)
2. Energy Efficiency
3. Water Efficiency and Conservation
4. Material Conservation and Resource Efficiency
5. Environmental Quality
Separate mandatory requirements for each division are included for both residential (Chapter 4) and nonresidential (Chapter 5) buildings. Additional voluntary standards for residential (Appendix A4) and nonresidential (Appendix A5) buildings are also included in CALGreen, which are referred to as CALGreen Tier 1 and Tier 2. Local jurisdictions have the authority to adopt these more stringent voluntary standards rather than the minimum mandatory standards to further minimize the building’s impact on the environment and promote more sustainable design. CALGreen Tier 1 requirements are more stringent than the mandatory requirements while CALGreen Tier 2 requirements are more stringent than both Tier 1 and the mandatory requirements. CALGreen Tier 2 also requires more elective measures from some of the divisions (i.e., Planning and Design, Water Efficiency and Conservation, and Material Conservation and Resource Efficiency) to be implemented compared to Tier 1. A summary of the differences between CALGreen Tier 1 and Tier 2 for residential and nonresidential buildings is provided in Attachment 2. Any text in red denotes new requirements in the 2022 version of CALGreen compared to the previous 2019 version.
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Item #: 3.3
As summarized in Table 1 of the proposed Ordinance, CALGreen Tier 1 requirements would apply in the following scenarios:
New construction (applies to any building type)
Single-family additions/alterations affecting 750 sq. ft. or greater Multifamily additions/alterations affecting 750 sq. ft. or greater Nonresidential additions/alterations
This is similar to San Anselmo’s current green building code, but instead of requiring CALGreen Tier 1 for single-family or multifamily additions/alterations affecting 1,200 or more sq. ft., the proposed Ordinance lowers the threshold to 750 sq. ft. The proposed Ordinance also uses a three-year period instead of a one-year period for determining whether the cumulative project size of the additions/alterations within that period are subject to the CALGreen Tier 1 requirements.
Based on a review of the CALGreen Tier 1 and Tier 2 requirements, staff recommends only requiring CALGreen Tier 1 for the scenarios discussed above for the following reasons:
San Anselmo has historically adopted CALGreen Tier 1 including for the current 2022 code cycle that remains in effect until 2025.
No other Marin jurisdictions have adopted CALGreen Tier 2 and very few jurisdictions across the State have adopted Tier 2.
The CALGreen code cautions jurisdictions that may be considering adopting CALGreen Tier 2 stating, “The measures necessary to achieve Tier 2 status are very stringent. Cities, counties, and cities and counties considering adoption of Tier 2 as mandatory should carefully consider the stringency of each measure and ensure that the measures are achievable in their location.” It is difficult to ascertain whether the more stringent CALGreen Tier 2 measures are achievable for projects in San Anselmo.
It is unlikely that adopting CALGreen Tier 2 requirements will lead to substantial GHG emissions reductions or other environmental benefits compared to Tier 1 requirements, but will likely add additional costs for projects to comply.
Furthermore, it’s expected that lowering the requirement threshold from 1,200 to 750 sq. ft. for single-family and multifamily additions/alterations that have to comply with CALGreen Tier 1 will have a significantly greater effect on emissions reductions than adopting Tier 2 instead of Tier 1 requirements. The proposed Ordinance already exceeds both CALGreen Tier 1 and Tier 2 for the EV charging infrastructure requirements, specifically for new multifamily construction and additions/alterations of single-family, multifamily, and nonresidential buildings.
439
Item #: 3.3
Requiring a mix of CALGreen Tier 1 and Tier 2 requirements would complicate the code making it more difficult for project applicants to understand and more difficult for building department staff to enforce. Additionally, one of the original goals of developing a model reach code was to have more consistency in green building requirements across all Marin jurisdictions. If requirements become too complicated or burdensome, this can lead to permit avoidance.
FISCAL IMPACT
There is no fiscal impact to the Town to adopt the proposed Ordinance. However, staff time will be required to implement the Ordinance including developing green building checklists and other materials to assist in compliance.
GENERAL PLAN CONSISTENCY
The proposed Ordinance is consistent with the Town’s General Plan including the conservation goals in the Conservation Element.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
Adoption of this Ordinance does not require review under the California Environmental Quality Act (CEQA) because it does not constitute a “project” pursuant to California Public Resources Code section 21065 and CEQA Guidelines section 15378, as its adoption does not involve an activity that has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment.
The proposed Ordinance is consistent with the following measures in the Town’s Climate Action Plan including:
E-4: Green Building Reach Code: Investigate adopting a green building ordinance for new and remodeled commercial and residential projects that requires green building methods and energy efficiency savings above the State building and energy codes. Consider utilizing the County's green building ordinance as a model and including the use of photovoltaic systems and allelectric building systems as options to achieve compliance. R-3: Building and Appliance Electrification: Promote electrification of building systems and appliances that currently use natural gas, including heating systems, hot water heaters, stoves, and clothes dryers.
CONCLUSION
Staff respectfully requests Council’s introduction of the proposed Ordinance.
ATTACHMENTS
Attachment 1 – Proposed Ordinance
Attachment 2 – CALGreen Tier 1 and Tier 2 Comparison
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Item 3.3 Attachment 1
Item 3.3 Attachment 1
1 ORDINANCE NO. ______
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO REPEALING AND REPLACING SAN ANSELMO MUNICIPAL CODE TITLE 9 (BUILDING REGULATIONS) CHAPTER 19 (GREEN BUILDING REQUIREMENTS) TO ADOPT AMENDMENTS TO THE CALIFORNIA
GREEN BUILDING STANDARDS CODE TO REFLECT LOCAL CONDITIONS WHEREAS, green building is a practice of design, construction and maintenance techniques that have been demonstrated to have a significant positive effect on energy, water and resource conservation, waste management and pollution generation and on the health and productivity of building occupants over the life of the building; and
WHEREAS, on November 24, 2010, the Town Council adopted a Green Building Ordinance, which was codified in San Anselmo Municipal Code Title 9, Chapter 19; and
WHEREAS, on November 12, 2019, the Town Council adopted by reference the California Construction Codes, including the 2019 California Green Building Standards Code (CALGreen) (Title 24 Part 11); and WHEREAS, on April 28, 2020, the Town Council adopted the County Green Building provisions into the Town Municipal Code pursuant to Town Ordinance No. 1145; and WHEREAS, on November 15, 2022, the Town Council adopted by reference the California Construction Codes, including the 2022 version of CALGreen; and
WHEREAS, on November 15, 2022, the County of Marin adopted amendments to CALGreen to reflect local conditions in the County (“County Green Building Ordinance”); and WHEREAS, the San Anselmo Planning Commission discussed San Anselmo’s potential adoption of the County Green Building Ordinance at its meeting of February 6, 2023; and WHEREAS, the San Anselmo Climate Action Commission discussed staff recommendations for adoption of the County Green Building Ordinance at its meeting of June 16, 2023 and was supportive of the recommendations; and
WHEREAS, the Town Council discussed the County Green Building Ordinance at its meetings of February 14, 2023 and June 27, 2023; and
WHEREAS, the Town Council desires to adopt the County Green Building Ordinance with modifications, as its provisions are appropriate for the Town and will allow for more consistent Green Building requirements in Marin jurisdictions;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Environmental Review
Adoption of this Ordinance does not require review under the California Environmental Quality Act (CEQA) because it does not constitute a “project” pursuant to California Public Resources Code section 21065 and CEQA Guidelines section 15378, as its adoption does not involve an activity that has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. 441
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2 SECTION 2. Findings
Pursuant to Section 17958.5, 17958.7 and 18941.4 of the California Health and Safety Code, the Town Council of the Town of San Anselmo determines and that the modifications to the 2022 California Green Building Standards Code Chapters 3, 4 and 5, as set forth in this subchapter, are reasonably necessary because of San Anselmo's local topographical and environmental conditions. Specifically, the steep terrain, narrow roads, proximity to the San Andreas and Hayward seismic faults, and the potential flooding of the San Anselmo Creek are unique conditions that require special consideration whenever construction is proposed within the Town. Additionally, due to the high temperatures, humidity, rainfall, wind, and the lack of water supply for domestic use and fire suppression, the Town is susceptible to wildfires resulting from climate change.
SECTION 3. Repeal and Replace Title 9 (Building Regulations) Chapter 19 (Green Building Requirements).
San Anselmo Municipal Code Title 9, Chapter 19 is hereby repealed and replaced with the following in its entirety.
9-19.010 Purpose.
The purpose of this chapter is to meet or exceed all applicable mandatory measures of the California Green Building Standards Code known as California Code of Regulations, Part 11 of Title 24 and to enhance the long-term public health and welfare by contributing to the overall reduction of greenhouse gas emissions and improving the environmental and economic health of the Town through the efficient design, construction, operation, maintenance and deconstruction of buildings and site development by incorporating green building practices and materials.
The green building provisions referenced in this chapter are designed to achieve the following objectives in San Anselmo:
(1) Increase energy efficiency in buildings;
(2) Reduce consumption of fossil fuels;
(3) Encourage water and resource conservation;
(4) Reduce waste generated by construction projects;
(5) Reduce long-term building operating and maintenance costs; (6) Improve indoor air quality and occupant health;
(7) Contribute to meeting state and local commitments to reduce greenhouse gas emissions; and (8) Satisfy all applicable mandatory measures of the 2022 California Green Building Standards Code (Title 24, Part 11) of the California Code of Regulations. 9-19.015 - Applicability.
The provisions of this chapter shall apply to all construction or development projects defined below as a "covered project."
9-19.020 - Definitions.
For the purposes of interpreting this chapter and the associated standards for compliance, the following terms are defined as follows. When the definitions below differ from those contained elsewhere in this title, the provisions of this chapter shall apply. These definitions are additional to those outlined in Chapter 2 of the CALGreen Code.
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3 (1) "2022 California Energy Code" refers to the requirements outlined in the 2022 edition of the California Energy Code known as California Code of Regulations, Part 6 of Title 24. (2) "All-electric Building" or “All-electric Design” means a building or plans for a building that uses a permanent supply of electricity as the source of energy for all space heating (including but not limited to fireplaces), water heating (including but not limited to pools and spas), cooking appliances (including but not limited to barbeques), and clothes drying appliances, and has no natural gas or propane plumbing installed in the building or within the property lines. An all-electric building may also include solar thermal collectors.
(3) “Accessory Dwelling Unit (ADU)” means a residential unit that meets the definition of an accessory dwelling unit as outlined in Section 10-6.102 of the San Anselmo Municipal Code, Title 10, Chapter 6. This states that “an attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on the same lot as the proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. 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.” For purposes of this subchapter, ADU also covers Junior ADUs and detached or attached ADUs.
(4) “Automatic Load Management System (ALMS)” means a control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels, and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
(5) "CALGreen" refers to the California Green Building Standards Code, as included in Title 24, Part 11 of the California Code of Regulations.
(6) "CALGreen mandatory" means those measures that are required under Title 24, Part 11.
Residential mandatory measures are contained in CALGreen Chapter 4. Nonresidential mandatory measures are contained in CALGreen Chapter 5.
(7) "CALGreen Tier 1" refers to required pre-requisite and elective measures in addition to the CALGreen mandatory measures, as outlined in CALGreen Appendix A4.601.4 for residential projects and CALGreen Appendix A5.601.2 for nonresidential projects. (8) “Commercial Kitchen” means non-retail food facility devoted to the commercial preparation, production, and cooking of food and beverages for on-site or off-site consumption. (9) “Cooking Equipment” means equipment intended for commercial use, including ovens, ranges, and cooking appliances for use in a commercial kitchen and restaurant where food is dispensed. (10) "Covered Project(s)" means a development project provided below as set forth by the standards for compliance outlined in Section 9-19.050 of the San Anselmo Municipal Code, Table 1, 2, or 3 for which one or more building permits are required:
(i) All residential and nonresidential new construction buildings as defined below in Section 9-19.020 (27); and/or
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4 (ii) Additions or alterations to an existing Single-Family residential building, except for any projects less than 750 square feet.
(11) “Direct Current Fast Charging (DCFC)” means a parking space provided with electrical infrastructure that meets the following conditions:
(i) A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. (ii) Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
(12) "Electric Vehicle (EV) Capable Space" means a vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.
(13) "Electric Vehicle (EV) Ready Space" means a vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted, to support EV charging, terminating in a receptacle or a charger.
(14) “Electric Vehicle Charging Space (EV Space)” means a space intended for future installation of EV charging equipment and charging of electric vehicles. (15) “Electric Vehicle Charging Station (EVCS)” means a parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
(16) “Level 1 (L1) EV Ready” means a parking space that is served by a complete electric circuit with the following requirements:
(i) A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. (ii) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
(iii) Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
(17) “Level 2 (L2) EV Ready” means a parking space that is served by a complete electric circuit with the following requirements:
(i) A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. (ii) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
(18) “Electric Vehicle Supply Equipment (EVSE)” means the conductors, including the undergrounded, grounded and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets or apparatus installed for the purpose of transferring energy between the premises wiring and the electric vehicle.
(19) “Essential Services Building” means a facility as defined by the California Health and Safety Code section 16007, as amended from time to time. For purposes of this chapter, essential services buildings are publicly owned and/or publicly operated buildings whose purpose is to safeguard the public health and safety. Essential services buildings generally exclude privately owned residences 444
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5 and/or commercial buildings; except that, privately owned commercial buildings may qualify as essential services buildings to the extent they are publicly operated to safeguard the public health and safety.
(20) “Food Service Establishment” means any new construction building with construction plans for a commercial kitchen or cooking equipment.
(21) “Industrial process heat” shall be defined as a process or manufacturing equipment for which sustained temperatures typically in excess of three hundred fifty degrees Fahrenheit are required and demonstrably not achievable with commercial electric equipment. (22) “Low Power Level 2 Electric Vehicle Charging Receptacle” means a parking space that is served by a complete electric circuit with the following requirements:
(i) A minimum of 4.1 kVa (208/240 volt, 20-ampere) capacity wiring. (ii) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
(iii) Conduit oversized to accommodate future level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
(23) “Mixed-fuel” means a building or unit in a building that is plumbed for the use of natural gas or propane as fuel for space heating, water heating, cooking or clothes drying appliances or has gas plumbing within a building or within the property lines of the premises connected to a gas meter or propane tank.
(24) "Modified parking lot" shall be those for which paving material and curbing is removed. (25) “Natural gas” is the same meaning as "Fuel Gas" as defined in the California Plumbing Code and Mechanical Code.
(26) “Natural gas infrastructure” means fuel gas piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the meter, service meter assembly, outlet of the service regulator, service shutoff valve, or final pressure regulator, whichever is applicable, as specified in the California Mechanical Code and Plumbing Code.
(27) “Newly Constructed” means a building that has never before been used or occupied for any purpose. Also means “Newly Constructed” as defined in the California Building Code 2022. (28) "Qualified green building rater" means an individual who has been trained and certified as a CALGreen inspector, LEED AP w/a specialty, GreenPoint rater, PHIUS consultant, or has similar qualifications and certifications if acceptable to the chief building official. (29) “Single-Family” means a building designed for and/or occupied exclusively by one family. It is used herein to describe one and two-family dwellings and townhouses with attached private garages. It also includes factory-built, modular housing units, constructed in compliance with the California Building
9-19.030 – Requirements for additions and alterations - Local amendments to 2022 California Energy Code.
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6 Pursuant to Section 9-1.101(h) of the San Anselmo Municipal Code, the Town has adopted the 2022 edition of the California Energy Code known as California Code of Regulations, Part 6 of Title 24 with additions, and deletions as provided in this subchapter.
The provisions of this subchapter shall constitute local amendments to the cross-referenced provisions of the 2022 California Energy Code and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this subchapter.
The California Energy Code, Title 24, Part 6, is hereby amended as underlined and struck through:
Section 100.0 of Subchapter 1 of the 2022 California Energy Code is modified to add new section (i) as follows:
(i) Single-Family Building Remodel Energy Reach Code - Purpose and Intent. In addition to all requirements of the California Energy Code applicable to Existing Single-Family Building additions and alterations, the energy efficiency and renewable energy measures specified in Section 150.0(w) shall be required for Covered Projects of mixed-fuel buildings.
Section 100.1(b) is modified by adding the following definitions:
"All-electric Building" or “All-electric Design” as defined in §9-19.020 (2) of the San Anselmo Municipal Code.
"Covered Project(s)" as defined in §9-19.020 (10), of the San Anselmo Municipal Code. “Mixed-fuel” building as defined in §9-19.020 (23), of the San Anselmo Municipal Code.
Section 150.0 SINGLE-FAMILY RESIDENTIAL BUILDINGS – MANDATORY FEATURES AND DEVICES, first two paragraphs, are modified to read as follows:
Existing Single-Family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(v), and Covered Existing Single-Family Projects, other than projects identified as all-electric construction for new residential buildings in §9-24.01 et seq. of the San Anselmo Municipal Code, shall comply with the applicable requirements of Section 150.0(w).
NOTE: The requirements of Sections 150.0(a) through 150.0(v) apply to new construction. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(v) also apply to additions or alterations, with the exception that Covered Existing Single-Family Projects, other than projects identified as all-electric construction for new residential buildings in §9-24.01 et seq. of the San Anselmo Municipal Code, shall also be required to comply with Section 150.0(w).
A new Section, (w), is added to Section 150.0 as follows:
(w) Requirements for a Covered Project are outlined by project type in Table 1 of Section 9-19.050 of the San Anselmo Municipal Code. A Covered Existing Single-Family Project, as defined in Section 9-
19.020 (10)(ii) of the San Anselmo Municipal Code, that includes an electrical panel upgrade, a kitchen remodel or a laundry room remodel shall comply with the requirements for Measure ER2 in Table 2 of Section 9-19.050 of the San Anselmo Municipal Code. In addition, a Covered Existing Single-Family Project in a building originally permitted for construction on or before December 31, 2010 shall install a set of measures from the Measure Menu in Table 2 of Section 9-19.050 of the San Anselmo Municipal Code, to achieve a total Measure Point Score that is equal to or greater than the Target Score in said table and shall conform to the List of Measure Specifications in Table 3 of Section 9-19.050 of the San Anselmo Municipal Code, except as otherwise described below:
(i) Projects identified as all-electric construction for new residential buildings in Section 9-24.01 et. seq. of the San Anselmo Municipal Code.
(ii) Projects less than 750 square feet.
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7 (iii) Projects that are limited solely to a newly created attached Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Unit (JADU) as defined in Section 9-19.020 (3), San Anselmo Municipal Code. A newly created ADU and JADU shall include either additions or conversions of existing space.
(iv) Mobile Homes, Manufactured Housing, or Factory-built Housing as defined in Division 13 of the California Health and Safety 12 Code (commencing with section 17000 of the Health and Safety Code).
(v) If due to conditions specific to the project, it is technically or economically infeasible to achieve compliance, the chief building official may reduce the Target Score and/or waive some or all of the mandatory requirements.
(vi) If the applicant demonstrates that the Energy Budget of the proposed building, as calculated under Section 150.1(b), would be less than or equal to the Energy Budget of the building if it otherwise complied with this Section, 150.0(w).
(vii) A resident owner or occupant demonstrates that they qualify for the California Alternative Rates for Energy (CARE) or Family Electric Rate Assistance (FERA) program may comply by installing, to the specifications in Table 3 of Section 9-19.050 of the San Anselmo Municipal Code the following:
(a) E1: Lighting Measures; and
(b) E2: Water Heating Package
In addition, all mandatory measures listed in Table 2 of Section 9-19.050 of the San Anselmo Municipal Code shall be installed.
9-19.040 Requirements for Electric Vehicle Infrastructure - Local amendments to 2022 CALGreen California Green Building Standards Code.
Pursuant to Section 9-1.101(j) of the San Anselmo Municipal Code, the Town has adopted the 2022 edition of the California Green Building Standards Code known as California Code of Regulations, Part 11 of Title 24 (herein referred to as CALGreen Code), including Division A4.6 for Tier 1 with additions, and deletions as provided in this subchapter. Requirements are outlined by project type in Table 1 of Section 9-19.050 of the San Anselmo Municipal Code.
The provisions of this subchapter shall constitute local amendments to the cross-referenced provisions of the 2022 CALGreen Code and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this subchapter.
Section 202 of Chapter 2 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
Automatic Load Management System (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
Direct Current Fast Charging (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. 447
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8 ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
Electric Vehicle Charging Station (EVCS). One or more electric vehicle charging spaces served by electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. Electric vehicle charging stations are not considered parking spaces. A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
Electric Vehicle (EV) Ready Space. [HCD] A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.
Electric Vehicle (EV) Capable Space. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.
Level 2 (L2) EV Capable. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space.
ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes. v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.
Level 1 (L1) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere. iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.
Level 2 (L2) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere. 448
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9 Low Power Level 2 (L2) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere. iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.
Low Power Level 2 Electric Vehicle (EV) Charging Receptacle. [HCD] A 208/240 Volt 20- ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.
Off-Street Loading Spaces. [BSC-CG, DSA-SS] An area, other than a public street, public way, or other property (and exclusive of off-street parking spaces), permanently reserved or set aside for the loading or unloading of motor vehicles, including ways of ingress and egress and maneuvering areas. Whenever the term "loading space" is used, it shall, unless the context clearly requires otherwise, be construed as meaning off-street loading space. This excludes designated passenger loading/unloading.
Section 301.1 of Chapter 3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
301.1 Scope. Buildings shall be designed to comply with applicable requirements of San Anselmo Green Building Requirements beginning at Section 9-19.010, San Anselmo Municipal Code, and shall also include the green building measures specified as mandatory in the application checklists contained in this code. Voluntary green building measures are also included in the application checklists and may be included in the design and construction of structures covered by this code, but are not required unless adopted by a city, county, or city and county as specified in Section 101.7.
Section 301.1.1 of Chapter 3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
301.1.1 Additions and alterations. [HCD] The mandatory provisions of Chapter 4 shall be applied to additions and alterations of existing residential buildings where the addition or alteration increases the building’s conditioned area, volume or size., in accordance with applicable requirements of San Anselmo Green Building Requirements beginning at Section 9-19.010, San Anselmo Municipal Code. The requirements shall apply only to and/or within the specific area of the addition or alteration.
The mandatory provisions of section 4.106.4.1.12 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities or the addition of new parking facilities serving existing multifamily buildings. See Section 4.106.4.1.23 for application.
NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section.
Section 301.3 of Chapter 3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
301.3 Nonresidential additions and alterations. [BSC-CG] The provisions of individual sections of Chapter 5 apply to new construction and building additions and alterations of 1,000 square feet or greater, and/or building alterations with a permit valuation of $200,000 or above (for occupancies within the authority of California Building standards Commission). Code sections relative to additions and alterations shall only apply to the portions of the building being added or altered within the scope of the permitted work.
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10 Section 4.106.4 of Chapter 4 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
4.106.4 Electric vehicle (EV) charging for new construction. New Residential construction shall comply with Section 4.106.4.1 or 4.106.4.2 to facilitate future installation and use of EV chargers.
Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
1.1. Where there is no local utility power supply or the local utility is unable to supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may adversely impact the construction cost of the project.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. Detached ADUs, attached ADUs, and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of A4.106.8.1.
3. Multifamily building projects that have approved entitlements before the code effective date.
4. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
4.106.4.1 New one- and two-family dwellings and town-houses with private garages. For each dwelling unit, install a listed raceway to accommodate a dedicated 208-240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.
4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”.
4.106.4.12 New mMultifamily dwellings, hotels and motels and with new parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included.
4.106.4.1.1 New Construction. Fifteen percent (15%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Eighty-five percent (85%) of dwelling units with parking spaces shall be provided with a Low 450
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11 Power Level 2 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.
NOTE: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or onehundred percent (100%) of parking spaces, whichever is less.
4.106.4.1.2 Additions and alterations of existing buildings.
1. When parking facilities upgrade the service panel or parking lot surface is modified, including the removal of paving material and curbing, comply with the number of spaces designated for the project type as outlined in Table 1 of Section 9-19.050 of the San Anselmo Municipal Code.
Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.
2. When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).
When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code Section 22511.2 for further details.
4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms.
The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
a. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.
Exceptions:
1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.
2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.
Notes:
a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.
b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.
451
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12 b. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts.
4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms.
The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
a. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.
Exception: When EV chargers (Level 2 EVSE) are installed in a number greater than five (5) percent of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the five (5) percent required.
Notes:
a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.
b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.
b. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts. c. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.
When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.
4.106.4.32.2.1 Electric vehicle charging stations (EVCS). 452
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Item 3.3 Attachment 1
13 Electric vehicle charging stations required by Section 4.106.4.12.2, Item 3 and 4.106.4.2, shall comply with Section 4.106.4.32.2.1.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.
4.106.4.3.12.2.1.1 Location.
EVCS shall comply with at least one of the following options:
1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.
2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.3.12.2.1.1 and Section 4.106.4.3.22.2.1.2, Item 3.
4.106.4.3.22.2.1.2 Electric vehicle charging stations (EVCS) d Dimensions.
The charging spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm).
2. The minimum width of each EV space shall be 9 feet (2743 mm).
3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.
Exception: Where the Town of San Anselmo Municipal Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.
4.106.4.2.2.1.3 Accessible EV spaces. In addition to the requirements in Sections 4.106.4.2.2.1.1 and
4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.
4.106.4.4 Direct current fast charging stations (DCFC). One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
4.106.4.2.3 EV space requirements.
1. Single EV space required. Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the location or the proposed location of the EV space. Construction documents shall identify the raceway termination point, receptacle or charger location, as applicable. The service panel and/or subpanel shall have a 40-ampere minimum dedicated branch circuit, including 453
Item 3.3 Attachment 1
Item 3.3 Attachment 1
14 branch circuit overcurrent protective device installed, or space(s) reserved to permit installation of a branch circuit overcurrent protective device.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of original construction in accordance with the California Electrical Code.
1. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and the location of installed or future EV spaces, receptacles, or EV chargers. Construction documents shall also provide information on amperage of installed or future receptacles or EVSE, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space at the time of original construction in accordance with the California Electrical Code.
4.106.4.2.4 Identification.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.
4.106.4.2.5 Electric Vehicle Ready Space Signage.
Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings.
When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.
Notes:
1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.
2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.
Section A4.106.8 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
New construction shall comply with Sections A4.106.8.1, A4.106.8.2 or A4.106.8.3, to facilitate future installation and use of electric vehicle chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.
Section A4.106.9.2 of the 2022 CALGreen Code is hereby included as a requirement for new Multifamily Buildings.
Provide on-site bicycle parking for at least one bicycle per every two dwelling units. Acceptable parking facilities shall be conveniently reached from the street and may include, but not be limited to:
1. Covered, lockable enclosures with permanently anchored racks for bicycles.
2. Lockable bicycle rooms with permanently anchored racks. 454
Item 3.3 Attachment 1
Item 3.3 Attachment 1
15 3. Lockable, permanently anchored bicycle lockers.
Section 5.106.5.3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
5.106.5.3 Electric vehicle (EV) charging.
[N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
a. Where there is no local utility power supply
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
Section A5.106.5 of Appendix A5 of the 2022 CALGreen Code is hereby amended as struck through:
A5.106.5.1 Designated parking for clean air vehicles.
In new projects or additions or alterations that add 10 or more vehicular parking spaces, provide designated parking for any combination of zero-emitting, fuel-efficient and carpool/van pool vehicles as listed in code Sections A5.106.5.1.1 or A5.106.5.1.2.
A5.106.1.1.1 Tier 1.
Provide 35 percent designated parking spaces of the total number of parking spaces, for any combination of zero-emitting, fuel-efficient and carpool/van pool vehicles. Calculation for spaces shall be rounded up to the whole number.
Note: Designated parking for clean air vehicles shall count toward the total parking spaces required by the local enforcing agencies.
A5.106.1.1.2 Tier 2.
Provide 50 percent designated parking spaces of the total number of parking spaces, for any combination of zero-emitting, fuel-efficient and carpool/van pool vehicles. Calculation for spaces shall be rounded up to the whole number.
Note: Designated parking for clean air vehicles shall count toward the total parking spaces required by the local enforcing agencies.
A5.06.5.1.3 Parking stall marking.
Paint, in the paint for stall striping, the following characters such that the lower edge of the last word aligns with the end of the stall striping and is visible beneath a parked vehicle:
CLEAN AIR/
VANPOOL/EV
455
Item 3.3 Attachment 1
Item 3.3 Attachment 1
16 Note: Vehicles bearing Clean Air Vehicle stickers from expired HOV lane programs may be considered eligible for designated parking spaces.
A5.106.5.1.1 Vehicle designations.
Building managers may consult with local Transit Management Associations (TMAs) for methods of designating qualifying vehicles, such as issuing parking stickers.
Notes:
1. Information on qualifying vehicles, car labeling regulations and DMV CAV decals may be obtained from the following sources:
a. California DriveClean.
b. California Air Resources Board.
c. US EPA fuel economy regulations and standards.
d. DMV Registration Operations.
2. Purchasing policy and refueling sites for zero-emitting vehicles for state employees use can be found at the Department of General Services.
A5.106.5.3 Electric Vehicle (EV) charging. [N]
Construction shall comply with Section A5.106.5.3.1 or A5.106.5.3.2, and in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section A5.106.5, may adversely impact the construction cost of the project.
2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
A5.106.5.3 Nonresidential Occupancies – Shared Parking Facilities.
A5.106.5.3.1 New Construction - Tier 1.
Table A5.106.5.3.1 shall be used to determine the number of EV capable spaces required. Refer to section
5.106.5.3 for design space requirements.
When EV capable spaces are provided with EVSE to create EVCS per Table A5.106.5.3.1.
TABLE A5.106.5.3.1
TOTAL
NUMBER OF
ACTUAL
PARKING
SPACES
TIER 1
NUMBER OF REQUIRED
EV CAPABLE SPACES
TIER 1
NUMBER OF EVCS
(EV CAPABLE
SPACES PROVIDED
WITH EVSE) 2
0-9 2 0
10-25 5 0
456
Item 3.3 Attachment 1
Item 3.3 Attachment 1
17 1. Calculation for spaces shall be rounded up to the nearest whole number.
2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.
A5.106.5.3.2 Additions and alterations of existing buildings Tier 2.
1. When parking facilities upgrade the service panel or parking lot surface is modified, including the removal of paving material and curbing, comply with the number of spaces designated for the project type as outlined in Table 1 of Section 9-19.050 of the San Anselmo Municipal Code.
Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.
2. When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).
A5.106.5.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
Table A5.106.5.3.2 shall be used to determine the number of EV capable spaces required. Refer to section
5.106.5.3 for design space requirements.
When EV capable spaces are provided with EVSE to create EVCS per Table A5.106.5.3.1, refer to Section 5.106.5.3.2 for the allowed use of Level 2 or Direct Current Fast Charger (DCFC) and Section
5.106.5.3.3 for the allowed use of Automatic Load Management Systems (ALMS).
TABLE A5.106.5.3.2
26-50 11 2
51-75 19 3
76-100 26 4
101-150 38 6
151-200 53 9
201 and over 30 percent of total1 25 percent of EV
capable spaces 1
TOTAL
NUMBER OF
ACTUAL
PARKING
SPACES
TIER 2
NUMBER OF REQUIRED
EV CAPABLE SPACES
TIER 2
NUMBER OF EVCS
(EV CAPABLE
SPACES PROVIDED
WITH EVSE) 2
0-9 3 0
10-25 8 3
26-50 17 6
51-75 28 9
76-100 40 13
101-150 57 19
457
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18 1. Calculation for spaces shall be rounded up to the nearest whole number.
2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.
Section 5.106.5.4 of the 2022 CALGreen Code is hereby amended as struck through:
5.106.5.4 Electric vehicle (EV) charging readiness: medium-duty and heavy-duty. [N] Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section 5.106.5.4.1 for future installation of medium- and heavy-duty EVSE.
Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
When EVCS(s) are installed, it shall be in accordance with the California Building Code, the California Electrical Code as follows:
5.106.5.4.1 Electric vehicle charging readiness requirements for w Warehouses, grocery stores and retail stores with planned off-street loading spaces.
[N] In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:
1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.4.1 to accommodate the dedicated branch circuits for the future installation of EVSE.
2. The construction documents shall indicate one or more location(s) convenient to the planned offstreet loading space(s) reserved for medium- and heavy-duty ZEV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5.4.1.
3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located and shall terminate in close 151-200 79 26
201 and over 45 percent of total1 33 percent of EV
capable spaces 1
458
Item 3.3 Attachment 1
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19 proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.
4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty EVs as shown in Table
5.106.5.4.1.
TABLE 5.106.5.4.1, Raceway Conduit and Panel power Requirements for Medium-and-Heavy-Duty EVSE [N]
Building
type
Building Size
(sq. ft.)
Number of Offstreet loading
spaces
Additional capacity Required
(kVa) for Raceway &
Busway and Transformer &
Panel
Grocery 10,000 to
90,000
1 or 2 200
Grocery Greater than
90,000
3 or Greater 400
Grocery Greater than
90,000
1 or Greater 400
Retail 10,000 to
135,000
1 or 2 200
Retail 10,000 to
135,000
3 or Greater 400
Retail Greater than
135,000
1 or Greater 400
Warehouse
Warehouse
Warehouse
20,000 to
256,000
20,000 to
256,000
1 or 2 200
3 or Greater 400
Greater than
256,000
1 or Greater 400
9-19.050 Standards for compliance.
The San Anselmo Green Building Requirements define compliance thresholds for different projects that are covered by this ordinance. These standards are summarized below in Table 1. The energy efficiency and electrification measures menu and specifications are detailed in Tables 2 and 3.
Table 1: Requirements by Project Type and Size
Project
Type
and Size
Green Building
Requirements
Energy Efficiency
Requirements
Electric
Vehicle
Requirements
459
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20 Table 1: Requirements by Project Type and Size
Project
Type
and Size
Green Building
Requirements
Energy Efficiency
Requirements
Electric
Vehicle
Requirements
Single and TwoFamily New
Construction
CALGreen Tier 1 Meet the standards
outlined for the
project in the 2022
California Energy
Code
Comply with CALGreen Measure
A4.106.8.1, Tier 1
Multifamily
Residential
New Construction
CALGreen Tier 1
Install long-term bike
parking per
CALGreen A4.106.9.2
Of the total parking spaces,
(i) 15% Level 2 (L2) EVCS
(ii) 85% Low-Power Level 2 (LPL2) EV
Ready
Nonresidential
New Construction
CALGreen Tier 1 Meet the standards
outlined for the
project in the 2022
California Energy
Code
For Nonresidential: comply with
CALGreen Measure A5.106.5.3.1, Tier
1;
AND
For Nonresidential Grocery, Retail, or
Warehouses planning off-street
medium-heavy-duty loading spaces:
comply with CALGreen Measure
5.106.5.4
Single and TwoFamily Additions
and Alterations
less than 750
square feet
CALGreen Mandatory Meet the standards
outlined for the
project in the 2022
California Energy
Code
If the project is upgrading the main
electrical service panel, comply with
CALGreen Measure A4.106.8.1, Tier 1
460
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21 Table 1: Requirements by Project Type and Size
Project
Type
and Size
Green Building
Requirements
Energy Efficiency
Requirements
Electric
Vehicle
Requirements
Single and TwoFamily Additions
and Alterations
750 square feet
or greater
CALGreen Tier 1 Using the Measure
Menu in Table 2,
achieve a total score
that is equal to or
greater than the
Target Score for the
applicable climate
zone and install the
electric readiness
measures (ER2) as
applicable in Table 3
Multifamily
Residential
Additions and
Alterations less
than 750 square
feet
CALGreen Mandatory Meet the standards
outlined for the
project in the 2022
California Energy
Code
If the service panel is modified, add
designated electrical capacity for 20%
of onsite parking spaces to be Level 2
EV Ready.
If parking lot surface is modified (paving
material and curbing removed):
(i) add raceway to a minimum of 50%
of exposed parking spaces, OR
(ii) add raceway to a minimum of 20%
of exposed parking spaces and
install at minimum 5% EVCS to
parking spaces requiring any
combination of Level 2 and Direct
Current Fast Charging EVSE,
except at least one Level 2 EVSE
shall be provided.
Where existing electrical service will not
be upgraded in the existing project
scope, designate capacity for parking
spaces to the maximum extent that
does not require an upgrade to existing
electrical service.
Multifamily
Residential
Additions and
Alterations 750
square feet or
greater
CALGreen Tier 1
Nonresidential
Additions and
Alterations
The following conditions also apply to Table 1:
(a) Cumulative new construction or remodels during the preceding 36-month period from the acceptance of this application shall be considered as a single covered project, and subject to the highest compliance threshold based on the cumulative project size or valuation. (b) Mixed use (residential and commercial) projects must comply either with the applicable covered project requirements for the respective residential and commercial portions of the project or may propose to utilize a mixed-use rating system, subject to approval by the chief building official. 461
Item 3.3 Attachment 1
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22 The following are exceptions to Table 1:
(1) Where the requirements of Tier 1 are infeasible as a result of the market, economy, or technology available as determined by the chief building official (CBO), the CBO may provide an alternative or waive the requirement.
Table 2: Energy and Electrification Menu of Measures by Climate Zone Measure
Climate Zone Steps
2 1) Choose your Climate Zone using CEC
toolfinder1
Specification
Spec. ID
(Refer to
Table 3)
Target Score 2) Minimum Target Score needed to
comply
8 (1 point = 1MMBTU savings per yr.)
Lighting E1 Mandatory 3) Choose a measure or a combination of measures that adds up to the
minimum target score above based on
CZ. Measures listed as “Mandatory”
MUST be installed.
4) Use the Specification Number (Spec.
ID) column as a key and conform to the
specifications in Table 3 below. Table 3
describes, specifies, and details
compliance with each corresponding
measure.
Water Heating
Package E2 1
Air Sealing E3 1
R-49 Attic
Insulation E4 1
Duct Sealing E5 1
New Ducts +
Duct Sealing E6 2
PV + Electric
Ready PreWire
ER1 12
Electric
Readiness
Measures
ER2
Mandatory
(if remodeling kitchen,
laundry, or upgrading panel)
HPWH FS1 12
High Eff
HPWH FS2 13
HVAC Heat
Pump FS3 13
High Eff HVAC
Heat Pump FS4 14
Heat Pump
Clothes Dryer FS5 1
Induction
Cooktop FS6 1
1 California Energy Commission climate zone tool finder at https://www.energy.ca.gov/programs-andtopics/programs/building-energy-efficiency-standards/climate-zone-tool-maps-and. 462
Item 3.3 Attachment 1
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23 The following conditions also apply to Table 2:
(a) Unless otherwise specified, the requirements shall apply to the entire dwelling unit, not just the additional or altered portion.
(b) Measures from the Measure Menu in Table 2 and specified in Table 3, that already exist in the home, may be counted towards compliance with these requirements, unless otherwise specified in Table 3. (c) Measures from the Measure Menu in Table 2 that are to be installed to satisfy requirements under the State Energy Code, Title 24, Part 6, may also be counted towards compliance with these requirements.
Where these requirements conflict with other Energy Code requirements, the stricter requirements shall prevail.
Table 3. List of Measure Specifications
ID Measure Specification
Energy Measures
E1 Lighting Measures – Replace all interior and exterior screw-in incandescent, halogen, and compact fluorescent lamps with LED lamps. Install photocell controls on all exterior lighting luminaires.
E2 Water Heating Package: Add exterior insulation meeting a minimum of R-6 to existing storage water heaters. Insulate all accessible hot water pipes with pipe insulation a minimum of ¾ inch thick. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces or crawlspaces. Upgrade fittings in sinks and showers to meet current California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.
Exception 1: Water heater blanket is not required on water heaters less than 20 gallons.
Exception 2: Water heater blanket not required if application of a water heater blanket voids the warranty on the water heater.
Exception 3: Upgraded fixtures are not required if existing fixtures have rated or measured flow rates of no more than ten percent greater than 2022 California Green Building Standards Code (Title 24, Part 11) Section
4.303 water efficiency requirements.
Exception 4: Water heaters with factory installed insulation of R-24 or greater E3 Air Sealing: Seal all accessible cracks, holes, and gaps in the building envelope at walls, floors, and ceilings. Pay special attention to penetrations including plumbing, electrical, and mechanical vents, recessed can light luminaires, and windows. Weather-strip doors if not already present. Verification shall be conducted following a prescriptive checklist that outlines which building aspects need to be addressed by the permit applicant and verified by an inspector. Compliance can also be demonstrated with blower door testing conducted by a certified HERS Rater no more than three years prior to the permit application date that either: a) shows at least a 30 percent reduction from pre-retrofit conditions; or b) shows that the number of air changes per hour at 50 Pascals pressure difference (ACH50) does not exceed ten. If combustion appliances are located within the pressure boundary of the building, conduct a combustion safety test by a professional certified by the Building Performance Institute in accordance with the ANSI/BPI-1200-S2017 Standard Practice for Basic Analysis of Buildings1 , the Whole House Combustion
Appliance Safety Test Procedure for the Comfortable Home Rebates Program 2020 or the California Community Services and Development Combustion Appliance Safety Testing Protocol.
463
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24 E4 R-49 Attic Insulation: Attic insulation shall be installed to achieve a weighted assembly U-factor of 0.020 or insulation installed at the ceiling level shall have a thermal resistance of R-49 or greater for the insulation alone. Recessed downlight luminaires in the ceiling shall be covered with insulation to the same depth as the rest of the ceiling.
Luminaires not rated for insulation contact must be replaced or fitted with a fire-proof cover that allows for insulation to be installed directly over the cover.
Exception: In buildings where existing R-30 is present and existing recessed downlight luminaires are not rated for insulation contact, insulation is not required to be installed over the luminaires.
E5 Duct Sealing: Air seal all space conditioning ductwork to meet the requirements of the 2022 Title 24 Section 150.2(b)1E. The duct system must be tested by a HERS Rater no more than three years prior to the Covered Single Family Project permit application date to verify the duct sealing and confirm that the requirements have been met. This measure may not be combined with the New Ducts and Duct Sealing measure in this Table.
E6 New Ducts + Duct Sealing: Replace existing space conditioning ductwork with new R-8 ducts that meet the requirements of 2022 Title 24 Section 150.0(m)11. This measure may not be combined with the Duct Sealing measure in this Table. To qualify, a preexisting measure must have been installed no more than three years before the Covered Single Family Project permit application date.
E7 Windows: Replace all existing windows with high performance windows with an areaweighted average U-factor no greater than 0.32.
E8 R-13 Wall Insulation: Install wall insulation in all exterior walls to achieve a weighted Ufactor of 0.102 or install wall insulation in all exterior wall cavities that shall result in an installed thermal resistance of R-13 or greater for the insulation alone.
Fuel Substitution Measures
FS1 Heat Pump Water Heater (HPWH): Replace all existing electric resistance and natural gas storage water heaters with heat pump water heaters.
FS2 High Efficiency Heat Pump Water Heater (HPWH): Replace all existing electric resistance and natural gas storage water heaters with heat pump water heaters with a Northwest Energy Efficiency Alliance (NEEA) Tier 3 or higher rating.
FS3 HVAC Heat Pump: Replace all existing gas space heating system and existing electric resistance heating systems with electric heat pump systems.
FS4 High Efficiency HVAC Heat Pump: Replace all existing gas space heating system and existing electric resistance heating systems with electric heat pump systems with a SEER rating of 21 or greater and an HSPF rating of 11 or greater.
FS5 Heat Pump Clothes Dryer: Replace all existing gas or electric resistance clothes dryers with heat pump dryers with no resistance element and cap the gas lines.
FS6 Induction Cooktop: Replace all existing gas and electric resistance stove tops with inductive stove tops and cap the gas lines.
Solar PV and Electric-Readiness Measures
ER1 PV+ Electric Ready Pre-Wire:
For New PV Systems: Install a new solar PV system that meets the requirements of 2022 Title 24 Section 150.1(c)14 and upgrade the service panel to meet the requirements of ER2.G. and install any two of the other measures from ER2.A – ER2.F. 464
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25 For Existing PV Systems: If the home already has an existing PV system, to claim credit for this measure, ER1, upgrade the service panel to meet the requirements of ER2.G. and install any two of the other measures from ER2.A – ER2.F.
ER2 Electric Readiness Measures:
To claim credit for Item ER1, in addition to the solar PV system installed, upgrade the panelboard to meet the requirements of Item ER2.G and install any two of the other measures ER2.A – ER2.F, below to allow for installation of electric appliances at a future date.
For any Covered Project, if the service panel is being upgraded, install any two of the other measures below.
If the laundry room is being remodeled, comply with Item ER2.D and upgrade the panelboard to meet the requirements of Item ER2.G.
If the kitchen is being remodeled, comply with Item ER2.C and upgrade the service panel to meet the requirements of Item ER2.G.
A. Heat Pump Water Heater Ready, as specified in Section 150.0(n)1.
B. Heat Pump Space Heater Ready, as specified in Section 150.0(t).
C. Electric Cooktop Ready, as specified in Section 150.0(u).
D. Electric Clothes Dryer Ready, as specified in Section 150.0(v).
E. Energy Storage Systems (ESS) Ready, as specified in Section 150.0(s).
F. EV Charger Ready. Install a listed raceway for an EV charger, that meets the requirements of the California Green Building Standards Code (Title 24, Part 11) Section A4.106.8.1, Tier 1 and 2, which otherwise applies to new construction.
G. Upgrade the panelboard serving the individual dwelling to either:
(i) a minimum 200 amp panel with a minimum 225 amp busbar rating to accommodate future connection of electric appliances, including heat pump water heaters, heat pump space heaters, electric cooktops, electric clothes dryers as specified in California Energy Code Section 150.0 (n), (t), (u) and (v) and Level 2 electric vehicle supply equipment; or,
(ii) provide electrical load calculations and appliance specifications for serving all of these end-uses with a minimum 100-amp panel.
Exception: If an electrical permit is not otherwise required for the project other than compliance with this Item, ER2.
9-19.060 Incentives for compliance.
In addition to the required standards for compliance, the Board of Supervisors may establish by resolution, financial or application processing incentives and/or award or recognition programs to encourage higher levels of green building compliance for a project. 9-19.070 Administrative procedures.
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26 The procedures for compliance with the provisions of this chapter shall include, but not be limited to the following:
(a) Project design. Applicants for a covered project are strongly encouraged to involve a qualified green building rater in the initial design phases of the project in advance of submittal of an application to determine applicable green building compliance thresholds and the most cost effective and appropriate means of achieving compliance. (b) Planning applications. If a discretionary planning application is required for a covered project, applicants should be prepared to identify expected green building measures to be included in the project to achieve the compliance thresholds. Applicants should identify any anticipated difficulties in achieving compliance and any exemptions from the requirements of this chapter that may be requested.
(c) Building plan check review. Upon submittal of an application for a building permit, building plans for any covered project shall include a green building program description and completed checklist. The checklist shall be incorporated onto a separate full-sized plan sheet included with the building plans. Evidence that the project, as indicated by the project plans and green building program description, will achieve the standards for compliance outlined in Section 9-19.050 shall be provided prior to issuance of a building permit.
(d) Changes during construction. During the construction process, alternate green building measures may be substituted, provided that documentation of the proposed change and the project's continued ability to achieve the standards for compliance to the chief building official shall be provided.
(e) Final building inspection. Prior to final building inspection and occupancy for any covered project, evidence that project construction has achieved the required compliance set forth in the standards for compliance outlined in Section 9-19.050 shall be provided. The chief building official shall review the documentation submitted by the applicant and determine whether the project has achieved the compliance threshold as set forth in the standards for compliance outlined in Section 19.04.140. If the chief building official determines that the applicant has met these requirements, the final building inspection may proceed. (f) Conflict with other laws. The provisions of this chapter are intended to be in addition to and not in conflict with other laws, regulations and ordinances relating to building construction and site development. If any provision of this chapter conflicts with any duly adopted and valid statutes or regulations of the federal government or the state of California, the federal or state statutes or regulations shall take precedence.
19.04.170 Exemptions.
(a) The provisions of this chapter shall not apply to:
(1) Buildings which are temporary (such as construction trailers). (2) Building area which is not or is not intended to be conditioned space. (3) Any requirements of this chapter which would impair the historic integrity of any building listed on a local, state or federal register of historic structures, as determined by the chief building official and as regulated by the California Historic Building Code (Title 24, Part 8). In making such a determination, the chief building official may require the submittal of an evaluation by an architectural historian or similar expert. (b) As outlined in the 2022 CALGreen code, section 4.106.4 and A5.106.5, applicants may be exempted from the electric vehicle changing requirements on a case-by-case basis where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
(1) Where there is no commercial power supply or the local utility is unable to supply adequate power.
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27 (2) Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of section 4.106.4 and A5.106.5 may adversely impact the construction cost of the project.
(3) ADUs and JADUs without additional parking facilities. (4) Parking spaces accessible only by automated mechanical car parking systems are not required to comply with CALGreen Code section 4.106.4 and A5.106.5 (c) Hardship or infeasibility exemption. If an applicant for a covered project believes that circumstances exist that make it a hardship or infeasible to meet the requirements of this chapter, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. (1) Application. Based on the following, the applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. The applicant may not petition for relief from any requirement of the 2022 California Energy Code (Title 24, Part 6) and referenced standards, or the 2022 California Green Building Standards (Title 24, Part 11) of the California Building Standards Code. Circumstances that constitute hardship or infeasibility shall include one of the following:
a. That the cost of achieving compliance is disproportionate to the overall cost of the project;
b. That strict compliance with these standards would create or maintain a hazardous condition(s) and present a life safety risk to the occupants. (2) Granting of exemption. If the chief building official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of this chapter and that granting the requested exemption will not cause the building to fail to comply with the 2022 California Energy Code (Title 24, Part 6) and referenced standards, or the 2022 California Green Building Standards (Title 24, Part 11) of the California Building Standards Code, the chief building official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the chief building official shall consider whether alternate, practical means of achieving the objectives of this chapter can be satisfied, such as reducing comparable energy use at an off-site location within the county. If an exemption is granted, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the chief building official.
(3) Denial of exception. If the chief building official determines that it is reasonably possible for the applicant to fully meet the requirements of this chapter, the request shall be denied, and the applicant shall be notified of the decision in writing. The project and compliance documentation shall be modified to comply with the standards for compliance.
(4) Appeal. Any aggrieved applicant or person may appeal the determination of the chief building official regarding the granting or denial of an exemption or compliance with any other provision of this chapter. An appeal of a determination of the chief building official shall be filed in writing and processed in accordance with the provisions of Section 10-
1.06 of this code.
(4) Appeal. Any aggrieved applicant or person may appeal the determination of the chief building official regarding the granting or denial of an exemption or compliance with any other provision of this chapter. An appeal of a determination of the chief building official shall be filed in writing and processed in accordance with the provisions of Section 10-1.06 of the San Anselmo Municipal Code. 467
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Item 3.3 Attachment 1
28 SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or unlawful, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or unlawful.
SECTION 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days after the date of its passage, provided that the additional energy efficiency requirements of this Ordinance cannot be enforced by the Town until it has further been approved by the California Energy Commission (Cal. Pub. Res.
Code §25402.1(h)(2)). Within fifteen (15) days following its passage, the ordinance shall be published with the names of those Town Council members voting for and against the ordinance and the Town Clerk shall post in the office of the town clerk a certified copy of the full text of the adopted ordinance along with the names of the members voting for and against the ordinance. Prior to the effective date, a copy of this Ordinance shall be filed with the California Building Standards Commission complete with local findings for each local amendment to the California Building Standards Code, as required by Cal. Health and Safety § 17959.
The foregoing ordinance was introduced at a regular meeting of the San Anselmo Town Council on the 22nd day of August, 2023 and was adopted at a regular meeting on the _________________ by the following vote:
AYES:
NOES:
ABSENT:
__________________________
Steve Burdo, Mayor
ATTEST
__________________________
Serge Avila, Town Clerk
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1 ORDINANCE NO. ______
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO REPEALING AND REPLACING SAN ANSELMO MUNICIPAL CODE TITLE 9 (BUILDING REGULATIONS) CHAPTER 19 (GREEN BUILDING REQUIREMENTS) TO ADOPT AMENDMENTS TO THE CALIFORNIA
GREEN BUILDING STANDARDS CODE TO REFLECT LOCAL CONDITIONS WHEREAS, green building is a practice of design, construction and maintenance techniques that have been demonstrated to have a significant positive effect on energy, water and resource conservation, waste management and pollution generation and on the health and productivity of building occupants over the life of the building; and
WHEREAS, on November 24, 2010, the Town Council adopted a Green Building Ordinance, which was codified in San Anselmo Municipal Code Title 9, Chapter 19; and
WHEREAS, on November 12, 2019, the Town Council adopted by reference the California Construction Codes, including the 2019 California Green Building Standards Code (CALGreen) (Title 24 Part 11); and WHEREAS, on April 28, 2020, the Town Council adopted the County Green Building provisions into the Town Municipal Code pursuant to Town Ordinance No. 1145; and WHEREAS, on November 15, 2022, the Town Council adopted by reference the California Construction Codes, including the 2022 version of CALGreen; and
WHEREAS, on November 15, 2022, the County of Marin adopted amendments to CALGreen to reflect local conditions in the County (“County Green Building Ordinance”); and WHEREAS, the San Anselmo Planning Commission discussed San Anselmo’s potential adoption of the County Green Building Ordinance at its meeting of February 6, 2023; and WHEREAS, the San Anselmo Climate Action Commission discussed staff recommendations for adoption of the County Green Building Ordinance at its meeting of June 16, 2023 and was supportive of the recommendations; and
WHEREAS, the Town Council discussed the County Green Building Ordinance at its meetings of February 14, 2023 and June 27, 2023; and
WHEREAS, the Town Council desires to adopt the County Green Building Ordinance with modifications, as its provisions are appropriate for the Town and will allow for more consistent Green Building requirements in Marin jurisdictions;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Environmental Review
Adoption of this Ordinance does not require review under the California Environmental Quality Act (CEQA) because it does not constitute a “project” pursuant to California Public Resources Code section 21065 and CEQA Guidelines section 15378, as its adoption does not involve an activity that has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. 469
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2 SECTION 2. Findings
Pursuant to Section 17958.5, 17958.7 and 18941.4 of the California Health and Safety Code, the Town Council of the Town of San Anselmo determines and that the modifications to the 2022 California Green Building Standards Code Chapters 3, 4 and 5, as set forth in this subchapter, are reasonably necessary because of San Anselmo's local topographical and environmental conditions. Specifically, the steep terrain, narrow roads, proximity to the San Andreas and Hayward seismic faults, and the potential flooding of the San Anselmo Creek are unique conditions that require special consideration whenever construction is proposed within the Town. Additionally, due to the high temperatures, humidity, rainfall, wind, and the lack of water supply for domestic use and fire suppression, the Town is susceptible to wildfires resulting from climate change.
SECTION 3. Repeal and Replace Title 9 (Building Regulations) Chapter 19 (Green Building Requirements).
San Anselmo Municipal Code Title 9, Chapter 19 is hereby repealed and replaced with the following in its entirety.
9-19.010 Purpose.
The purpose of this chapter is to meet or exceed all applicable mandatory measures of the California Green Building Standards Code known as California Code of Regulations, Part 11 of Title 24 and to enhance the long-term public health and welfare by contributing to the overall reduction of greenhouse gas emissions and improving the environmental and economic health of the Town through the efficient design, construction, operation, maintenance and deconstruction of buildings and site development by incorporating green building practices and materials.
The green building provisions referenced in this chapter are designed to achieve the following objectives in San Anselmo:
(1) Increase energy efficiency in buildings;
(2) Reduce consumption of fossil fuels;
(3) Encourage water and resource conservation;
(4) Reduce waste generated by construction projects;
(5) Reduce long-term building operating and maintenance costs; (6) Improve indoor air quality and occupant health;
(7) Contribute to meeting state and local commitments to reduce greenhouse gas emissions; and (8) Satisfy all applicable mandatory measures of the 2022 California Green Building Standards Code (Title 24, Part 11) of the California Code of Regulations. 9-19.015 - Applicability.
The provisions of this chapter shall apply to all construction or development projects defined below as a "covered project."
9-19.020 - Definitions.
For the purposes of interpreting this chapter and the associated standards for compliance, the following terms are defined as follows. When the definitions below differ from those contained elsewhere in this title, the provisions of this chapter shall apply. These definitions are additional to those outlined in Chapter 2 of the CALGreen Code.
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3 (1) "2022 California Energy Code" refers to the requirements outlined in the 2022 edition of the California Energy Code known as California Code of Regulations, Part 6 of Title 24. (2) "All-electric Building" or “All-electric Design” means a building or plans for a building that uses a permanent supply of electricity as the source of energy for all space heating (including but not limited to fireplaces), water heating (including but not limited to pools and spas), cooking appliances (including but not limited to barbeques), and clothes drying appliances, and has no natural gas or propane plumbing installed in the building or within the property lines. An all-electric building may also include solar thermal collectors.
(3) “Accessory Dwelling Unit (ADU)” means a residential unit that meets the definition of an accessory dwelling unit as outlined in Section 10-6.102 of the San Anselmo Municipal Code, Title 10, Chapter 6. This states that “an attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on the same lot as the proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. 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.” For purposes of this subchapter, ADU also covers Junior ADUs and detached or attached ADUs.
(4) “Automatic Load Management System (ALMS)” means a control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels, and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
(5) "CALGreen" refers to the California Green Building Standards Code, as included in Title 24, Part 11 of the California Code of Regulations.
(6) "CALGreen mandatory" means those measures that are required under Title 24, Part 11.
Residential mandatory measures are contained in CALGreen Chapter 4. Nonresidential mandatory measures are contained in CALGreen Chapter 5.
(7) "CALGreen Tier 1" refers to required pre-requisite and elective measures in addition to the CALGreen mandatory measures, as outlined in CALGreen Appendix A4.601.4 for residential projects and CALGreen Appendix A5.601.2 for nonresidential projects. (8) “Commercial Kitchen” means non-retail food facility devoted to the commercial preparation, production, and cooking of food and beverages for on-site or off-site consumption. (9) “Conductor Ready” means adding 10 gauge 4 wire for any laundry room remodel for future appliance electric upgrades and/or adding 8 gauge 4 wire for any kitchen remodel for future appliance electric upgrades.
(10) “Cooking Equipment” means equipment intended for commercial use, including ovens, ranges, and cooking appliances for use in a commercial kitchen and restaurant where food is dispensed. 471
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4 (11) "Covered Project(s)" means a development project provided below as set forth by the standards for compliance outlined in Section 9-19.050 of the San Anselmo Municipal Code, Table 1, 2, or 3 for which one or more building permits are required:
(i) All residential and nonresidential new construction buildings as defined below in Section 9-19.020 (27); and/or
(ii) Additions or alterations to an existing Single-Family residential building, except for any projects less than 750 square feet. Conductor ready required for laundry room and kitchen remodels regardless of remodel size.
(iii) Substantial improvements to an existing Single-Family residential building. (12) “Direct Current Fast Charging (DCFC)” means a parking space provided with electrical infrastructure that meets the following conditions:
(i) A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. (ii) Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
(13) "Electric Vehicle (EV) Capable Space" means a vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.
(14) "Electric Vehicle (EV) Ready Space" means a vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted, to support EV charging, terminating in a receptacle or a charger.
(15) “Electric Vehicle Charging Space (EV Space)” means a space intended for future installation of EV charging equipment and charging of electric vehicles. (16) “Electric Vehicle Charging Station (EVCS)” means a parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
(17) “Level 1 (L1) EV Ready” means a parking space that is served by a complete electric circuit with the following requirements:
(i) A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. (ii) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
(iii) Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
(18) “Level 2 (L2) EV Ready” means a parking space that is served by a complete electric circuit with the following requirements:
(i) A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. (ii) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
(19) “Electric Vehicle Supply Equipment (EVSE)” means the conductors, including the undergrounded, grounded and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets or apparatus 472
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5 installed for the purpose of transferring energy between the premises wiring and the electric vehicle.
(20) “Essential Services Building” means a facility as defined by the California Health and Safety Code section 16007, as amended from time to time. For purposes of this chapter, essential services buildings are publicly owned and/or publicly operated buildings whose purpose is to safeguard the public health and safety. Essential services buildings generally exclude privately owned residences and/or commercial buildings; except that, privately owned commercial buildings may qualify as essential services buildings to the extent they are publicly operated to safeguard the public health and safety.
(21) “Food Service Establishment” means any new construction building with construction plans for a commercial kitchen or cooking equipment.
(22) “Industrial process heat” shall be defined as a process or manufacturing equipment for which sustained temperatures typically in excess of three hundred fifty degrees Fahrenheit are required and demonstrably not achievable with commercial electric equipment. (23) “Low Power Level 2 Electric Vehicle Charging Receptacle” means a parking space that is served by a complete electric circuit with the following requirements:
(i) A minimum of 4.1 kVa (208/240 volt, 20-ampere) capacity wiring. (ii) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
(iii) Conduit oversized to accommodate future level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
(24) “Mixed-fuel” means a building or unit in a building that is plumbed for the use of natural gas or propane as fuel for space heating, water heating, cooking or clothes drying appliances or has gas plumbing within a building or within the property lines of the premises connected to a gas meter or propane tank.
(25) "Modified parking lot" shall be those for which paving material and curbing is removed. (26) “Natural gas” is the same meaning as "Fuel Gas" as defined in the California Plumbing Code and Mechanical Code.
(27) “Natural gas infrastructure” means fuel gas piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the meter, service meter assembly, outlet of the service regulator, service shutoff valve, or final pressure regulator, whichever is applicable, as specified in the California Mechanical Code and Plumbing Code.
(28) “Newly Constructed” means a building that has never before been used or occupied for any purpose. Also means “Newly Constructed” as defined in the California Building Code 2022. (29) "Qualified green building rater" means an individual who has been trained and certified as a CALGreen inspector, LEED AP w/a specialty, GreenPoint rater, PHIUS consultant, or has similar qualifications and certifications if acceptable to the chief building official. 473
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6 (30) “Single-Family” means a building designed for and/or occupied exclusively by one family. It is used herein to describe one and two-family dwellings and townhouses with attached private garages. It also includes factory-built, modular housing units, constructed in compliance with the California Building
(31) “Substantial Improvement” means any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. 9-19.030 – Requirements for additions and alterations - Local amendments to 2022 California Energy Code.
Pursuant to Section 9-1.101(h) of the San Anselmo Municipal Code, the Town has adopted the 2022 edition of the California Energy Code known as California Code of Regulations, Part 6 of Title 24 with additions, and deletions as provided in this subchapter.
The provisions of this subchapter shall constitute local amendments to the cross-referenced provisions of the 2022 California Energy Code and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this subchapter.
The California Energy Code, Title 24, Part 6, is hereby amended as underlined and struck through:
Section 100.0 of Subchapter 1 of the 2022 California Energy Code is modified to add new section (i) as follows:
(i) Single-Family Building Remodel Energy Reach Code - Purpose and Intent. In addition to all requirements of the California Energy Code applicable to Existing Single-Family Building additions and alterations, the energy efficiency and renewable energy measures specified in Section 150.0(w) shall be required for Covered Projects of mixed-fuel buildings.
Section 100.1(b) is modified by adding the following definitions:
"All-electric Building" or “All-electric Design” as defined in §9-19.020 (2) of the San Anselmo Municipal Code.
"Covered Project(s)" as defined in §9-19.020 (10), of the San Anselmo Municipal Code. “Mixed-fuel” building as defined in §9-19.020 (23), of the San Anselmo Municipal Code.
Section 150.0 SINGLE-FAMILY RESIDENTIAL BUILDINGS – MANDATORY FEATURES AND DEVICES, first two paragraphs, are modified to read as follows:
Existing Single-Family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(v), and Covered Existing Single-Family Projects, other than projects identified as all-electric construction for new residential buildings in §9-24.01 et seq. of the San Anselmo Municipal Code, shall comply with the applicable requirements of Section 150.0(w).
NOTE: The requirements of Sections 150.0(a) through 150.0(v) apply to new construction. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(v) also apply to 474
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7 additions or alterations, with the exception that Covered Existing Single-Family Projects, other than projects identified as all-electric construction for new residential buildings in §9-24.01 et seq. of the San Anselmo Municipal Code, shall also be required to comply with Section 150.0(w).
A new Section, (w), is added to Section 150.0 as follows:
(w) Requirements for a Covered Project are outlined by project type in Table 1 of Section 9-19.050 of the San Anselmo Municipal Code. A Covered Existing Single-Family Project, as defined in Section 9-
19.020 (10)(ii) of the San Anselmo Municipal Code, that includes an electrical panel upgrade, a kitchen remodel or a laundry room remodel shall comply with the requirements for Measure ER2 in Table 2 of Section 9-19.050 of the San Anselmo Municipal Code. In addition, a Covered Existing Single-Family Project in a building originally permitted for construction on or before December 31, 2010 shall install a set of measures from the Measure Menu in Table 2 of Section 9-19.050 of the San Anselmo Municipal Code, to achieve a total Measure Point Score that is equal to or greater than the Target Score in said table and shall conform to the List of Measure Specifications in Table 3 of Section 9-19.050 of the San Anselmo Municipal Code, except as otherwise described below:
(i) Projects identified as all-electric construction for new residential buildings in Section 9-24.01 et. seq. of the San Anselmo Municipal Code.
(ii) Projects less than 750 square feet.
(iii) Projects that are limited solely to a newly created attached Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Unit (JADU) as defined in Section 9-19.020 (3), San Anselmo Municipal Code. A newly created ADU and JADU shall include either additions or conversions of existing space.
(iv) Mobile Homes, Manufactured Housing, or Factory-built Housing as defined in Division 13 of the California Health and Safety 12 Code (commencing with section 17000 of the Health and Safety Code).
(v) If due to conditions specific to the project, it is technically or economically infeasible to achieve compliance, the chief building official may reduce the Target Score and/or waive some or all of the mandatory requirements.
(vi) If the applicant demonstrates that the Energy Budget of the proposed building, as calculated under Section 150.1(b), would be less than or equal to the Energy Budget of the building if it otherwise complied with this Section, 150.0(w).
(vii) A resident owner or occupant demonstrates that they qualify for the California Alternative Rates for Energy (CARE) or Family Electric Rate Assistance (FERA) program may comply by installing, to the specifications in Table 3 of Section 9-19.050 of the San Anselmo Municipal Code the following:
(a) E1: Lighting Measures; and
(b) E2: Water Heating Package
In addition, all mandatory measures listed in Table 2 of Section 9-19.050 of the San Anselmo Municipal Code shall be installed.
9-19.040 Requirements for Electric Vehicle Infrastructure - Local amendments to 2022 CALGreen California Green Building Standards Code.
Pursuant to Section 9-1.101(j) of the San Anselmo Municipal Code, the Town has adopted the 2022 edition of the California Green Building Standards Code known as California Code of Regulations, Part 11 of Title 24 (herein referred to as CALGreen Code), including Division A4.6 for Tier 1 with additions, and deletions as provided in this subchapter. Requirements are outlined by project type in Table 1 of Section 9-19.050 of the San Anselmo Municipal Code.
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8 The provisions of this subchapter shall constitute local amendments to the cross-referenced provisions of the 2022 CALGreen Code and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this subchapter.
Section 202 of Chapter 2 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
Automatic Load Management System (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
Direct Current Fast Charging (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
Electric Vehicle Charging Station (EVCS). One or more electric vehicle charging spaces served by electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. Electric vehicle charging stations are not considered parking spaces. A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
Electric Vehicle (EV) Ready Space. [HCD] A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.
Electric Vehicle (EV) Capable Space. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.
Level 2 (L2) EV Capable. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space.
ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” 476
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9 iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes. v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.
Level 1 (L1) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere. iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.
Level 2 (L2) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
Low Power Level 2 (L2) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere. iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.
Low Power Level 2 Electric Vehicle (EV) Charging Receptacle. [HCD] A 208/240 Volt 20- ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.
Off-Street Loading Spaces. [BSC-CG, DSA-SS] An area, other than a public street, public way, or other property (and exclusive of off-street parking spaces), permanently reserved or set aside for the loading or unloading of motor vehicles, including ways of ingress and egress and maneuvering areas. Whenever the term "loading space" is used, it shall, unless the context clearly requires otherwise, be construed as meaning off-street loading space. This excludes designated passenger loading/unloading.
Section 301.1 of Chapter 3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
301.1 Scope. Buildings shall be designed to comply with applicable requirements of San Anselmo Green Building Requirements beginning at Section 9-19.010, San Anselmo Municipal Code, and shall also include the green building measures specified as mandatory in the application checklists contained in this code. Voluntary green building measures are also included in the application checklists and may be included in the design and construction of structures covered by this code, but are not required unless adopted by a city, county, or city and county as specified in Section 101.7.
Section 301.1.1 of Chapter 3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
301.1.1 Additions and alterations. [HCD] The mandatory provisions of Chapter 4 shall be applied to additions and alterations of existing residential buildings where the addition or alteration increases the 477
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10 building’s conditioned area, volume or size., in accordance with applicable requirements of San Anselmo Green Building Requirements beginning at Section 9-19.010, San Anselmo Municipal Code. The requirements shall apply only to and/or within the specific area of the addition or alteration.
The mandatory provisions of section 4.106.4.1.12 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities or the addition of new parking facilities serving existing multifamily buildings. See Section 4.106.4.1.23 for application.
NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section.
Section 301.3 of Chapter 3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
301.3 Nonresidential additions and alterations. [BSC-CG] The provisions of individual sections of Chapter 5 apply to new construction and building additions and alterations of 1,000 square feet or greater, and/or building alterations with a permit valuation of $200,000 or above (for occupancies within the authority of California Building standards Commission). Code sections relative to additions and alterations shall only apply to the portions of the building being added or altered within the scope of the permitted work.
Section 4.106.4 of Chapter 4 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
4.106.4 Electric vehicle (EV) charging for new construction. New Residential construction shall comply with Section 4.106.4.1 or 4.106.4.2 to facilitate future installation and use of EV chargers.
Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
1.1. Where there is no local utility power supply or the local utility is unable to supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may adversely impact the construction cost of the project.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. Detached ADUs, attached ADUs, and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of A4.106.8.1.
3. Multifamily building projects that have approved entitlements before the code effective date.
4. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
4.106.4.1 New one- and two-family dwellings and town-houses with private garages. For each dwelling unit, install a listed raceway to accommodate a dedicated 208-240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close 478
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11 proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.
4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”.
4.106.4.12 New mMultifamily dwellings, hotels and motels and with new parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included.
4.106.4.1.1 New Construction. Fifteen percent (15%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Eighty-five percent (85%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.
NOTE: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or onehundred percent (100%) of parking spaces, whichever is less.
4.106.4.1.2 Additions and alterations of existing buildings.
1. When parking facilities upgrade the service panel or parking lot surface is modified, including the removal of paving material and curbing, comply with the number of spaces designated for the project type as outlined in Table 1 of Section 9-19.050 of the San Anselmo Municipal Code.
Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.
2. When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).
When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code Section 22511.2 for further details.
4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms.
The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
a. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service 479
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12 capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.
Exceptions:
1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.
2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.
Notes:
a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.
b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.
b. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts.
4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms.
The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
a. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.
Exception: When EV chargers (Level 2 EVSE) are installed in a number greater than five (5) percent of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the five (5) percent required.
Notes:
a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.
b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.
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13 b. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts. c. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.
When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.
4.106.4.32.2.1 Electric vehicle charging stations (EVCS).
Electric vehicle charging stations required by Section 4.106.4.12.2, Item 3 and 4.106.4.2, shall comply with Section 4.106.4.32.2.1.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.
4.106.4.3.12.2.1.1 Location.
EVCS shall comply with at least one of the following options:
1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.
2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.3.12.2.1.1 and Section 4.106.4.3.22.2.1.2, Item 3.
4.106.4.3.22.2.1.2 Electric vehicle charging stations (EVCS) d Dimensions.
The charging spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm).
2. The minimum width of each EV space shall be 9 feet (2743 mm).
3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.
Exception: Where the Town of San Anselmo Municipal Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while 481
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14 remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.
4.106.4.2.2.1.3 Accessible EV spaces. In addition to the requirements in Sections 4.106.4.2.2.1.1 and
4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.
4.106.4.4 Direct current fast charging stations (DCFC). One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
4.106.4.2.3 EV space requirements.
1. Single EV space required. Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the location or the proposed location of the EV space. Construction documents shall identify the raceway termination point, receptacle or charger location, as applicable. The service panel and/or subpanel shall have a 40-ampere minimum dedicated branch circuit, including branch circuit overcurrent protective device installed, or space(s) reserved to permit installation of a branch circuit overcurrent protective device.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of original construction in accordance with the California Electrical Code.
1. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and the location of installed or future EV spaces, receptacles, or EV chargers. Construction documents shall also provide information on amperage of installed or future receptacles or EVSE, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space at the time of original construction in accordance with the California Electrical Code.
4.106.4.2.4 Identification.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.
4.106.4.2.5 Electric Vehicle Ready Space Signage.
Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings.
When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.
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15 Notes:
1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.
2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.
Section A4.106.8 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
New construction shall comply with Sections A4.106.8.1, A4.106.8.2 or A4.106.8.3, to facilitate future installation and use of electric vehicle chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.
Section A4.106.9.2 of the 2022 CALGreen Code is hereby included as a requirement for new Multifamily Buildings.
Provide on-site bicycle parking for at least one bicycle per every two dwelling units. Acceptable parking facilities shall be conveniently reached from the street and may include, but not be limited to:
1. Covered, lockable enclosures with permanently anchored racks for bicycles.
2. Lockable bicycle rooms with permanently anchored racks.
3. Lockable, permanently anchored bicycle lockers.
Section 5.106.5.3 of the 2022 CALGreen Code is hereby amended as underlined and struck through:
5.106.5.3 Electric vehicle (EV) charging.
[N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
a. Where there is no local utility power supply
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
Section A5.106.5 of Appendix A5 of the 2022 CALGreen Code is hereby amended as struck through:
A5.106.5.1 Designated parking for clean air vehicles.
In new projects or additions or alterations that add 10 or more vehicular parking spaces, provide designated parking for any combination of zero-emitting, fuel-efficient and carpool/van pool vehicles as listed in code Sections A5.106.5.1.1 or A5.106.5.1.2.
A5.106.1.1.1 Tier 1.
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16 Provide 35 percent designated parking spaces of the total number of parking spaces, for any combination of zero-emitting, fuel-efficient and carpool/van pool vehicles. Calculation for spaces shall be rounded up to the whole number.
Note: Designated parking for clean air vehicles shall count toward the total parking spaces required by the local enforcing agencies.
A5.106.1.1.2 Tier 2.
Provide 50 percent designated parking spaces of the total number of parking spaces, for any combination of zero-emitting, fuel-efficient and carpool/van pool vehicles. Calculation for spaces shall be rounded up to the whole number.
Note: Designated parking for clean air vehicles shall count toward the total parking spaces required by the local enforcing agencies.
A5.06.5.1.3 Parking stall marking.
Paint, in the paint for stall striping, the following characters such that the lower edge of the last word aligns with the end of the stall striping and is visible beneath a parked vehicle:
CLEAN AIR/
VANPOOL/EV
Note: Vehicles bearing Clean Air Vehicle stickers from expired HOV lane programs may be considered eligible for designated parking spaces.
A5.106.5.1.1 Vehicle designations.
Building managers may consult with local Transit Management Associations (TMAs) for methods of designating qualifying vehicles, such as issuing parking stickers.
Notes:
1. Information on qualifying vehicles, car labeling regulations and DMV CAV decals may be obtained from the following sources:
a. California DriveClean.
b. California Air Resources Board.
c. US EPA fuel economy regulations and standards.
d. DMV Registration Operations.
2. Purchasing policy and refueling sites for zero-emitting vehicles for state employees use can be found at the Department of General Services.
A5.106.5.3 Electric Vehicle (EV) charging. [N]
Construction shall comply with Section A5.106.5.3.1 or A5.106.5.3.2, and in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section A5.106.5, may adversely impact the construction cost of the project.
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17 2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
A5.106.5.3 Nonresidential Occupancies – Shared Parking Facilities.
A5.106.5.3.1 New Construction - Tier 1.
Table A5.106.5.3.1 shall be used to determine the number of EV capable spaces required. Refer to section
5.106.5.3 for design space requirements.
When EV capable spaces are provided with EVSE to create EVCS per Table A5.106.5.3.1.
TABLE A5.106.5.3.1
1. Calculation for spaces shall be rounded up to the nearest whole number.
2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.
A5.106.5.3.2 Additions and alterations of existing buildings Tier 2.
1. When parking facilities upgrade the service panel or parking lot surface is modified, including the removal of paving material and curbing, comply with the number of spaces designated for the project type as outlined in Table 1 of Section 9-19.050 of the San Anselmo Municipal Code.
Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.
2. When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).
A5.106.5.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
Table A5.106.5.3.2 shall be used to determine the number of EV capable spaces required. Refer to section
5.106.5.3 for design space requirements.
When EV capable spaces are provided with EVSE to create EVCS per Table A5.106.5.3.1, refer to Section 5.106.5.3.2 for the allowed use of Level 2 or Direct Current Fast Charger (DCFC) and Section
5.106.5.3.3 for the allowed use of Automatic Load Management Systems (ALMS).
TOTAL
NUMBER OF
ACTUAL
PARKING
SPACES
TIER 1
NUMBER OF REQUIRED
EV CAPABLE SPACES
TIER 1
NUMBER OF EVCS
(EV CAPABLE
SPACES PROVIDED
WITH EVSE) 2
0-9 2 0
10-25 5 0
26-50 11 2
51-75 19 3
76-100 26 4
101-150 38 6
151-200 53 9
201 and over 30 percent of total1 25 percent of EV
capable spaces 1
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18 TABLE A5.106.5.3.2
1. Calculation for spaces shall be rounded up to the nearest whole number.
2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.
Section 5.106.5.4 of the 2022 CALGreen Code is hereby amended as struck through:
5.106.5.4 Electric vehicle (EV) charging readiness: medium-duty and heavy-duty. [N] Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section 5.106.5.4.1 for future installation of medium- and heavy-duty EVSE.
Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
When EVCS(s) are installed, it shall be in accordance with the California Building Code, the California Electrical Code as follows:
5.106.5.4.1 Electric vehicle charging readiness requirements for w Warehouses, grocery stores and retail stores with planned off-street loading spaces.
TOTAL
NUMBER OF
ACTUAL
PARKING
SPACES
TIER 2
NUMBER OF REQUIRED
EV CAPABLE SPACES
TIER 2
NUMBER OF EVCS
(EV CAPABLE
SPACES PROVIDED
WITH EVSE) 2
0-9 3 0
10-25 8 3
26-50 17 6
51-75 28 9
76-100 40 13
101-150 57 19
151-200 79 26
201 and over 45 percent of total1 33 percent of EV
capable spaces 1
486
Item 3.3 Attachment 1
Item 3.3 Attachment 1
19 [N] In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:
1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.4.1 to accommodate the dedicated branch circuits for the future installation of EVSE.
2. The construction documents shall indicate one or more location(s) convenient to the planned offstreet loading space(s) reserved for medium- and heavy-duty ZEV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5.4.1.
3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.
4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty EVs as shown in Table
5.106.5.4.1.
TABLE 5.106.5.4.1, Raceway Conduit and Panel power Requirements for Medium-and-Heavy-Duty EVSE [N]
Building
type
Building Size
(sq. ft.)
Number of Offstreet loading
spaces
Additional capacity Required
(kVa) for Raceway &
Busway and Transformer &
Panel
Grocery 10,000 to
90,000
1 or 2 200
Grocery Greater than
90,000
3 or Greater 400
Grocery Greater than
90,000
1 or Greater 400
Retail 10,000 to
135,000
1 or 2 200
Retail 10,000 to
135,000
3 or Greater 400
Retail Greater than
135,000
1 or Greater 400
Warehouse
Warehouse
Warehouse
20,000 to
256,000
20,000 to
256,000
1 or 2 200
3 or Greater 400
Greater than
256,000
1 or Greater 400
487
Item 3.3 Attachment 1
Item 3.3 Attachment 1
20 9-19.050 Standards for compliance.
The San Anselmo Green Building Requirements define compliance thresholds for different projects that are covered by this ordinance. These standards are summarized below in Table 1. The energy efficiency and electrification measures menu and specifications are detailed in Tables 2 and 3.
Table 1: Requirements by Project Type and Size
Project
Type
and Size
Green Building
Requirements
Energy Efficiency
Requirements
Electric
Vehicle
Requirements
Single and TwoFamily New
Construction
CALGreen Tier 1 Meet the standards
outlined for the
project in the 2022
California Energy
Code
Comply with CALGreen Measure
A4.106.8.1, Tier 1
Multifamily
Residential
New Construction
CALGreen Tier 1
Install long-term bike
parking per
CALGreen A4.106.9.2
Of the total parking spaces,
(i) 15% Level 2 (L2) EVCS
(ii) 85% Low-Power Level 2 (LPL2) EV
Ready
Nonresidential
New Construction
CALGreen Tier 1 Meet the standards
outlined for the
project in the 2022
California Energy
Code
For Nonresidential: comply with
CALGreen Measure A5.106.5.3.1, Tier
1;
AND
For Nonresidential Grocery, Retail, or
Warehouses planning off-street
medium-heavy-duty loading spaces:
comply with CALGreen Measure
5.106.5.4
Single and TwoFamily Additions
and Alterations
less than 750
square feet
CALGreen Mandatory
Conductor ready
required for laundry
room and kitchen
remodels
regardless of
remodel size.
Meet the standards
outlined for the
project in the 2022
California Energy
Code
If the project is upgrading the main
electrical service panel, comply with
CALGreen Measure A4.106.8.1, Tier 1
488
Item 3.3 Attachment 1
Item 3.3 Attachment 1
21 Table 1: Requirements by Project Type and Size
Project
Type
and Size
Green Building
Requirements
Energy Efficiency
Requirements
Electric
Vehicle
Requirements
Single and TwoFamily Additions
and Alterations
750 square feet
or greater
CALGreen Tier 1 Using the Measure
Menu in Table 2,
achieve a total score
that is equal to or
greater than the
Target Score for the
applicable climate
zone and install the
electric readiness
measures (ER2) as
applicable in Table 3
Multifamily
Residential
Additions and
Alterations less
than 750 square
feet
CALGreen Mandatory
Conductor ready
required for laundry
room and kitchen
remodels
regardless of
remodel size.
Meet the standards
outlined for the
project in the 2022
California Energy
Code
If the service panel is modified, add
designated electrical capacity for 20%
of onsite parking spaces to be Level 2
EV Ready.
If parking lot surface is modified (paving
material and curbing removed):
(i) add raceway to a minimum of 50%
of exposed parking spaces, OR
(ii) add raceway to a minimum of 20%
of exposed parking spaces and
install at minimum 5% EVCS to
parking spaces requiring any
combination of Level 2 and Direct
Current Fast Charging EVSE,
except at least one Level 2 EVSE
shall be provided.
Where existing electrical service will not
be upgraded in the existing project
scope, designate capacity for parking
spaces to the maximum extent that
does not require an upgrade to existing
electrical service.
Multifamily
Residential
Additions and
Alterations 750
square feet or
greater
CALGreen Tier 1
Nonresidential
Additions and
Alterations
The following conditions also apply to Table 1:
(a) Cumulative new construction or remodels during the preceding 36-month period from the acceptance of this application shall be considered as a single covered project, and subject to the highest compliance threshold based on the cumulative project size or valuation. (b) Mixed use (residential and commercial) projects must comply either with the applicable covered project requirements for the respective residential and commercial portions of the project or may propose to utilize a mixed-use rating system, subject to approval by the chief building official. 489
Item 3.3 Attachment 1
Item 3.3 Attachment 1
22 The following are exceptions to Table 1:
(1) Where the requirements of Tier 1 are infeasible as a result of the market, economy, or technology available as determined by the chief building official (CBO), the CBO may provide an alternative or waive the requirement.
Table 2: Energy and Electrification Menu of Measures by Climate Zone Measure
Climate Zone Steps
2 1) Choose your Climate Zone using CEC
toolfinder1
Specification
Spec. ID
(Refer to
Table 3)
Target Score 2) Minimum Target Score needed to
comply
8 (1 point = 1MMBTU savings per yr.)
Lighting E1 Mandatory 3) Choose a measure or a combination of measures that adds up to the
minimum target score above based on
CZ. Measures listed as “Mandatory”
MUST be installed.
4) Use the Specification Number (Spec.
ID) column as a key and conform to the
specifications in Table 3 below. Table 3
describes, specifies, and details
compliance with each corresponding
measure.
Water Heating
Package E2 1
Air Sealing E3 1
R-49 Attic
Insulation E4 1
Duct Sealing E5 1
New Ducts +
Duct Sealing E6 2
PV + Electric
Ready PreWire
ER1 12
Electric
Readiness
Measures
ER2
Mandatory
(if remodeling kitchen,
laundry, or upgrading panel)
HPWH FS1 12
High Eff
HPWH FS2 13
HVAC Heat
Pump FS3 13
High Eff HVAC
Heat Pump FS4 14
Heat Pump
Clothes Dryer FS5 1
Induction
Cooktop FS6 1
1 California Energy Commission climate zone tool finder at https://www.energy.ca.gov/programs-andtopics/programs/building-energy-efficiency-standards/climate-zone-tool-maps-and. 490
Item 3.3 Attachment 1
Item 3.3 Attachment 1
23 The following conditions also apply to Table 2:
(a) Unless otherwise specified, the requirements shall apply to the entire dwelling unit, not just the additional or altered portion.
(b) Measures from the Measure Menu in Table 2 and specified in Table 3, that already exist in the home, may be counted towards compliance with these requirements, unless otherwise specified in Table 3. (c) Measures from the Measure Menu in Table 2 that are to be installed to satisfy requirements under the State Energy Code, Title 24, Part 6, may also be counted towards compliance with these requirements.
Where these requirements conflict with other Energy Code requirements, the stricter requirements shall prevail.
Table 3. List of Measure Specifications
ID Measure Specification
Energy Measures
E1 Lighting Measures – Replace all interior and exterior screw-in incandescent, halogen, and compact fluorescent lamps with LED lamps. Install photocell controls on all exterior lighting luminaires.
E2 Water Heating Package: Add exterior insulation meeting a minimum of R-6 to existing storage water heaters. Insulate all accessible hot water pipes with pipe insulation a minimum of ¾ inch thick. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces or crawlspaces. Upgrade fittings in sinks and showers to meet current California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.
Exception 1: Water heater blanket is not required on water heaters less than 20 gallons.
Exception 2: Water heater blanket not required if application of a water heater blanket voids the warranty on the water heater.
Exception 3: Upgraded fixtures are not required if existing fixtures have rated or measured flow rates of no more than ten percent greater than 2022 California Green Building Standards Code (Title 24, Part 11) Section
4.303 water efficiency requirements.
Exception 4: Water heaters with factory installed insulation of R-24 or greater E3 Air Sealing: Seal all accessible cracks, holes, and gaps in the building envelope at walls, floors, and ceilings. Pay special attention to penetrations including plumbing, electrical, and mechanical vents, recessed can light luminaires, and windows. Weather-strip doors if not already present. Verification shall be conducted following a prescriptive checklist that outlines which building aspects need to be addressed by the permit applicant and verified by an inspector. Compliance can also be demonstrated with blower door testing conducted by a certified HERS Rater no more than three years prior to the permit application date that either: a) shows at least a 30 percent reduction from pre-retrofit conditions; or b) shows that the number of air changes per hour at 50 Pascals pressure difference (ACH50) does not exceed ten. If combustion appliances are located within the pressure boundary of the building, conduct a combustion safety test by a professional certified by the Building Performance Institute in accordance with the ANSI/BPI-1200-S2017 Standard Practice for Basic Analysis of Buildings1 , the Whole House Combustion
Appliance Safety Test Procedure for the Comfortable Home Rebates Program 2020 or the California Community Services and Development Combustion Appliance Safety Testing Protocol.
491
Item 3.3 Attachment 1
Item 3.3 Attachment 1
24 E4 R-49 Attic Insulation: Attic insulation shall be installed to achieve a weighted assembly U-factor of 0.020 or insulation installed at the ceiling level shall have a thermal resistance of R-49 or greater for the insulation alone. Recessed downlight luminaires in the ceiling shall be covered with insulation to the same depth as the rest of the ceiling.
Luminaires not rated for insulation contact must be replaced or fitted with a fire-proof cover that allows for insulation to be installed directly over the cover.
Exception: In buildings where existing R-30 is present and existing recessed downlight luminaires are not rated for insulation contact, insulation is not required to be installed over the luminaires.
E5 Duct Sealing: Air seal all space conditioning ductwork to meet the requirements of the 2022 Title 24 Section 150.2(b)1E. The duct system must be tested by a HERS Rater no more than three years prior to the Covered Single Family Project permit application date to verify the duct sealing and confirm that the requirements have been met. This measure may not be combined with the New Ducts and Duct Sealing measure in this Table.
E6 New Ducts + Duct Sealing: Replace existing space conditioning ductwork with new R-8 ducts that meet the requirements of 2022 Title 24 Section 150.0(m)11. This measure may not be combined with the Duct Sealing measure in this Table. To qualify, a preexisting measure must have been installed no more than three years before the Covered Single Family Project permit application date.
E7 Windows: Replace all existing windows with high performance windows with an areaweighted average U-factor no greater than 0.32.
E8 R-13 Wall Insulation: Install wall insulation in all exterior walls to achieve a weighted Ufactor of 0.102 or install wall insulation in all exterior wall cavities that shall result in an installed thermal resistance of R-13 or greater for the insulation alone.
Fuel Substitution Measures
FS1 Heat Pump Water Heater (HPWH): Replace all existing electric resistance and natural gas storage water heaters with heat pump water heaters.
FS2 High Efficiency Heat Pump Water Heater (HPWH): Replace all existing electric resistance and natural gas storage water heaters with heat pump water heaters with a Northwest Energy Efficiency Alliance (NEEA) Tier 3 or higher rating.
FS3 HVAC Heat Pump: Replace all existing gas space heating system and existing electric resistance heating systems with electric heat pump systems.
FS4 High Efficiency HVAC Heat Pump: Replace all existing gas space heating system and existing electric resistance heating systems with electric heat pump systems with a SEER rating of 21 or greater and an HSPF rating of 11 or greater.
FS5 Heat Pump Clothes Dryer: Replace all existing gas or electric resistance clothes dryers with heat pump dryers with no resistance element and cap the gas lines.
FS6 Induction Cooktop: Replace all existing gas and electric resistance stove tops with inductive stove tops and cap the gas lines.
Solar PV and Electric-Readiness Measures
ER1 PV+ Electric Ready Pre-Wire:
For New PV Systems: Install a new solar PV system that meets the requirements of 2022 Title 24 Section 150.1(c)14 and upgrade the service panel to meet the requirements of ER2.G. and install any two of the other measures from ER2.A – ER2.F. 492
Item 3.3 Attachment 1
Item 3.3 Attachment 1
25 For Existing PV Systems: If the home already has an existing PV system, to claim credit for this measure, ER1, upgrade the service panel to meet the requirements of ER2.G. and install any two of the other measures from ER2.A – ER2.F.
ER2 Electric Readiness Measures:
To claim credit for Item ER1, in addition to the solar PV system installed, upgrade the panelboard to meet the requirements of Item ER2.G and install any two of the other measures ER2.A – ER2.F, below to allow for installation of electric appliances at a future date.
For any Covered Project, if the service panel is being upgraded, install any two of the other measures below.
If the laundry room is being remodeled, comply with Item ER2.D and upgrade the panelboard to meet the requirements of Item ER2.G.
If the kitchen is being remodeled, comply with Item ER2.C and upgrade the service panel to meet the requirements of Item ER2.G.
A. Heat Pump Water Heater Ready, as specified in Section 150.0(n)1.
B. Heat Pump Space Heater Ready, as specified in Section 150.0(t).
C. Electric Cooktop Ready, as specified in Section 150.0(u).
D. Electric Clothes Dryer Ready, as specified in Section 150.0(v).
E. Energy Storage Systems (ESS) Ready, as specified in Section 150.0(s).
F. EV Charger Ready. Install a listed raceway for an EV charger, that meets the requirements of the California Green Building Standards Code (Title 24, Part 11) Section A4.106.8.1, Tier 1 and 2, which otherwise applies to new construction.
G. Upgrade the panelboard serving the individual dwelling to either:
(i) a minimum 200 amp panel with a minimum 225 amp busbar rating to accommodate future connection of electric appliances, including heat pump water heaters, heat pump space heaters, electric cooktops, electric clothes dryers as specified in California Energy Code Section 150.0 (n), (t), (u) and (v) and Level 2 electric vehicle supply equipment; or,
(ii) provide electrical load calculations and appliance specifications for serving all of these end-uses with a minimum 100-amp panel.
Exception: If an electrical permit is not otherwise required for the project other than compliance with this Item, ER2.
9-19.060 Incentives for compliance.
In addition to the required standards for compliance, the Town Council may establish by resolution, financial or application processing incentives and/or award or recognition programs to encourage higher levels of green building compliance for a project.
9-19.070 Administrative procedures.
493
Item 3.3 Attachment 1
Item 3.3 Attachment 1
26 The procedures for compliance with the provisions of this chapter shall include, but not be limited to the following:
(a) Project design. Applicants for a covered project are strongly encouraged to involve a qualified green building rater in the initial design phases of the project in advance of submittal of an application to determine applicable green building compliance thresholds and the most cost effective and appropriate means of achieving compliance. (b) Planning applications. If a discretionary planning application is required for a covered project, applicants should be prepared to identify expected green building measures to be included in the project to achieve the compliance thresholds. Applicants should identify any anticipated difficulties in achieving compliance and any exemptions from the requirements of this chapter that may be requested.
(c) Building plan check review. Upon submittal of an application for a building permit, building plans for any covered project shall include a green building program description and completed checklist. The checklist shall be incorporated onto a separate full-sized plan sheet included with the building plans. Evidence that the project, as indicated by the project plans and green building program description, will achieve the standards for compliance outlined in Section 9-19.050 shall be provided prior to issuance of a building permit.
(d) Changes during construction. During the construction process, alternate green building measures may be substituted, provided that documentation of the proposed change and the project's continued ability to achieve the standards for compliance to the chief building official shall be provided.
(e) Final building inspection. Prior to final building inspection and occupancy for any covered project, evidence that project construction has achieved the required compliance set forth in the standards for compliance outlined in Section 9-19.050 shall be provided. The chief building official shall review the documentation submitted by the applicant and determine whether the project has achieved the compliance threshold as set forth in the standards for compliance outlined in Section 19.04.140. If the chief building official determines that the applicant has met these requirements, the final building inspection may proceed. (f) Conflict with other laws. The provisions of this chapter are intended to be in addition to and not in conflict with other laws, regulations and ordinances relating to building construction and site development. If any provision of this chapter conflicts with any duly adopted and valid statutes or regulations of the federal government or the state of California, the federal or state statutes or regulations shall take precedence.
19.04.170 Exemptions.
(a) The provisions of this chapter shall not apply to:
(1) Buildings which are temporary (such as construction trailers). (2) Building area which is not or is not intended to be conditioned space. (3) Any requirements of this chapter which would impair the historic integrity of any building listed on a local, state or federal register of historic structures, as determined by the chief building official and as regulated by the California Historic Building Code (Title 24, Part 8). In making such a determination, the chief building official may require the submittal of an evaluation by an architectural historian or similar expert. (b) As outlined in the 2022 CALGreen code, section 4.106.4 and A5.106.5, applicants may be exempted from the electric vehicle changing requirements on a case-by-case basis where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
(1) Where there is no commercial power supply or the local utility is unable to supply adequate power.
494
Item 3.3 Attachment 1
Item 3.3 Attachment 1
27 (2) Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of section 4.106.4 and A5.106.5 may adversely impact the construction cost of the project.
(3) ADUs and JADUs without additional parking facilities. (4) Parking spaces accessible only by automated mechanical car parking systems are not required to comply with CALGreen Code section 4.106.4 and A5.106.5 (c) Hardship or infeasibility exemption. If an applicant for a covered project believes that circumstances exist that make it a hardship or infeasible to meet the requirements of this chapter, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. (1) Application. Based on the following, the applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. The applicant may not petition for relief from any requirement of the 2022 California Energy Code (Title 24, Part 6) and referenced standards, or the 2022 California Green Building Standards (Title 24, Part 11) of the California Building Standards Code. Circumstances that constitute hardship or infeasibility shall include one of the following:
a. That the cost of achieving compliance is disproportionate to the overall cost of the project;
b. That strict compliance with these standards would create or maintain a hazardous condition(s) and present a life safety risk to the occupants. (2) Granting of exemption. If the chief building official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of this chapter and that granting the requested exemption will not cause the building to fail to comply with the 2022 California Energy Code (Title 24, Part 6) and referenced standards, or the 2022 California Green Building Standards (Title 24, Part 11) of the California Building Standards Code, the chief building official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the chief building official shall consider whether alternate, practical means of achieving the objectives of this chapter can be satisfied, such as reducing comparable energy use at an off-site location within the county. If an exemption is granted, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the chief building official.
(3) Denial of exception. If the chief building official determines that it is reasonably possible for the applicant to fully meet the requirements of this chapter, the request shall be denied, and the applicant shall be notified of the decision in writing. The project and compliance documentation shall be modified to comply with the standards for compliance.
(4) Appeal. Any aggrieved applicant or person may appeal the determination of the chief building official regarding the granting or denial of an exemption or compliance with any other provision of this chapter. An appeal of a determination of the chief building official shall be filed in writing and processed in accordance with the provisions of Section 10-
1.06 of this code.
(4) Appeal. Any aggrieved applicant or person may appeal the determination of the chief building official regarding the granting or denial of an exemption or compliance with any other provision of this chapter. An appeal of a determination of the chief building official shall be filed in writing and processed in accordance with the provisions of Section 10-1.06 of the San Anselmo Municipal Code. 495
Item 3.3 Attachment 1
Item 3.3 Attachment 1
28 SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or unlawful, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or unlawful.
SECTION 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days after the date of its passage, provided that the additional energy efficiency requirements of this Ordinance cannot be enforced by the Town until it has further been approved by the California Energy Commission (Cal. Pub. Res.
Code §25402.1(h)(2)). Within fifteen (15) days following its passage, the ordinance shall be published with the names of those Town Council members voting for and against the ordinance and the Town Clerk shall post in the office of the town clerk a certified copy of the full text of the adopted ordinance along with the names of the members voting for and against the ordinance. Prior to the effective date, a copy of this Ordinance shall be filed with the California Building Standards Commission complete with local findings for each local amendment to the California Building Standards Code, as required by Cal. Health and Safety § 17959.
The foregoing ordinance was introduced at a regular meeting of the San Anselmo Town Council on the 22nd day of August, 2023 and was adopted at a regular meeting on the _________________ by the following vote:
AYES:
NOES:
ABSENT:
__________________________
Steve Burdo, Mayor
ATTEST
__________________________
Serge Avila, Town Clerk
496
CALGREEN TIER 1 VS. TIER 2 –
RESIDENTIAL SUMMARY
CATEGORY ENVIRONMENTAL PERFORMANCE GOAL TIER 1 TIER 2
All
Minimum Mandatory
(See Mandatory Checklist) Meet all the provisions of Chapter 4 Meet all of the provisions of Chapter 4 DIVISION 4.1
Planning and Design
Topsoil Protection Stockpile displaced topsoil for reuse in designated protected area Stockpile displaced topsoil for reuse in designated protected area AND delineate construction area with fencing or flagging
Water Permeable Surfaces ≥ 20% of total parking, walking or patio surfaces are permeable ≥ 30% of total parking, walking or patio surfaces are permeable Cool Roof for Reduction of Heat Island Effect
Low-Rise Residential:
Roof Slope ≤ 2:12 SRI 75
Roof Slope > 2:12 SRI 16
High-Rise Residential, Hotels, & Motels:
Roof Slope ≤ 2:12 SRI 64
Roof Slope > 2:12 SRI 16
Low-Rise Residential:
Roof Slope ≤ 2:12 SRI 78
Roof Slope > 2:12 SRI 20
High-Rise Residential, Hotels, & Motels:
Roof Slope ≤ 2:12 SRI 78
Roof Slope > 2:12 SRI 20
EV Charging
One- and two-family dwellings, townhouses with attached private garages:
All EV Ready
Raceway to accommodate dedicated 208/240 V branch circuit New multifamily, hotels, and motels:
35% Low Power Level 2 EV Ready parking spaces
> 20 dwelling units:
10% Level 2 EVSE parking spaces
One- and two-family dwellings, townhouses with attached private garages:
All EV Ready
Raceway to accommodate dedicated 208/240 V branch circuit New multifamily, hotels, and motels:
40% Low Power Level 2 EV Ready parking spaces
> 20 dwelling units:
15% Level 2 EVSE parking spaces
2 additional electives from Division A4.1 4 additional electives from Division A4.1 DIVISION 4.2
Energy Efficiency Energy Efficiency
New low-rise residential:
Compute EDR1 rating and reduce EDR1 by compliance margin in Table A4.203.1.1
Minimum of two efficiency measures must be met
Consult local electric service provider if adopting reduced EDR targets based on using solar PV
New low-rise residential:
Compute EDR1 rating and reduce EDR1 by compliance margin in Table A4.203.1.1 Minimum of two efficiency measures must be met
Consult local electric service provider if adopting reduced EDR targets based on using solar PV
DIVISION 4.3
Water Efficiency and Conservation Water Use 2 additional electives from Division A4.3 3 additional electives from Division A4.3 DIVISION 4.4
Material Conservation and Resource Efficiency
Reduction in Cement Use ≥ 20% reduction in cement use ≥ 25% reduction in cement use Recycled Content Utilize recycled content materials for 10% of total material cost Utilize recycled content materials for 15% of total material cost Enhanced Construction Waste Reduction At least 65% reduction At least 75% reduction 2 additional electives from Division A4.4 4 additional electives from Division A4.4 DIVISION 4.5
Environmental Quality
Resilient Flooring Systems 90% of flooring meets VOC limits 100% of flooring meets VOC limits Thermal Insulation Comply with VOC limits Install no-added formaldehyde insulation AND comply with VOC limits 1 additional elective from Division A4.5 1 additional elective from Division A4.5 Item 3.3 Attachment 2
Item 3.3 Attachment 2
497
CALGREEN TIER 1 VS. TIER 2 -
NONRESIDENTIAL SUMMARY
Item 3.3 Attachment 2
Item 3.3 Attachment 2
498
CALGREEN TIER 1 VS. TIER 2 -
NONRESIDENTIAL EV CHARGING
Item 3.3 Attachment 2
Item 3.3 Attachment 2
499
Green Building Regulations - Agenda item 3.3, Town Council agenda, 08/22/2023 Sun 8/20/2023 11:15 AM
CAUTION: External Sender
Mayor, Vice-Mayor, and Council Members,
A Green Building reach code is one of the few ways that our Town can take meaningful and direct action on climate. This proposed Green Building Code will achieve two major climate actions: 1 -accelerate EV adoption by creating charging infrastructure for the growing number of EVs, and 2 - improve the energy efficiency of new/remodeled buildings, in many cases by replacing old gas appliances with electric versions (electric space or water heat pumps, as well as heat pump dryers, induction stoves, and more), avoiding the buildout of new gas infrastructure or installation of new gas appliances that could be emitting GHG’s for many years. This will directly result in a reduction in natural gas consumption and, therefore, a reduction in methane emissions. This will help the Town achieve its greenhouse gas reduction goals in the Climate Action Plan.
I want to express my personal support for the staff recommendations for modification of the existing Green Building Code that is in line with the County’s model reach code. This proposed ordinance does defer taking action on any new all-electric requirements until issues surrounding the Ninth Circuit Court’s decision on the Berkeley ordinance are resolved. This is a reasonable course of action for now.
The County’s model reach code was fully vetted with a wide array of stakeholders and it provides homeowners and developers options for improving energy efficiency. Required electrification requirements relate to the nature of the remodel plans, and do not present onerous all-electric mandates. Affordability is a concern for any homeowner planning a remodel project. The Climate Action Commission Outreach Subcommittee plans to increase public awareness of the rebates coming available through the Inflation Reduction Act that will ensure the affordability of going electric. Coming in late 2023, the IRA will offer an array of rebates ranging from $840 for an electric stove or heat pump dryer to $4000 for electrical panels and $8000 for heat pump space heating/cooling). In addition, new tax credits will help offset costs, including $1000 for EV chargers, $2000 for heat pump water heaters, and 30% of costs of battery storage and rooftop solar installation.
I urge the Council to approve the proposed Green Building Code modifications, joining the County and other Marin municipalities in taking this step to decrease emissions in our built environment.
Thank you.
Kathleen Gundry
San Anselmo
K
[email protected]
To: Town Council
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8/22/23, 7:58 PM Comment for 8/22/23 Town Council Mtg Item 3.3 - Serge Avila - Outlook about:blank 1/1
Comment for 8/22/23 Town Council Mtg Item 3.3
Michael Kamerick <[email protected]>
Tue 8/22/2023 3:56 PM
To:Town Council <[email protected]>
CAUTION: External Sender
Mayor, Vice-Mayor, and Council Members,
I am writing in support of the Town staff recommendations to modify the existing Green Building Code in order to bring it in line with the County’s mode reach code.
The County code is thorough and detailed, and it was developed with inputs from a wide variety of participants throughout Marin. The County maintains the development process through a continuing series of workshops, which I participate in, with this explicit goal:
To crowdsource the community to help develop an
implementable countywide whole building electrification plan that tracks with each jurisdiction’s climate, equity, and/or adaptation goals.
By adopting the current County reach codes, San Anselmo can send a strong statement of support for the countywide process and goals, reinforcing our commitment to taking concrete, practical and practicable steps to reduce the GHG emissions of our community, while influencing other municipalities to do the same.
With the passage of the Inflation Reduction Act, home and business owners now have a array of incentives and rebates for electrification coming from the federal, state, regional, and county levels that significantly mitigate the cost of investment in a clean, GHG free future in San Anselmo and Marin.
I urge you to take the appropriate action and adopt the model reach codes being proposed by Town staff.
Thank you.
Michael Kamerick
San Anselmo
Michael Kamerick
[email protected]
+1/415.218.7553
501
Public Comment for 8/22/23 Town Council Mtg Item 3.3 Tue 8/22/2023 3:09 PM
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Public Comment for 8/22/23 Town Council Mtg Item 3.3
Dear San Anselmo Town Council and Staff:
Last year Marin County collaborated with all Marin jurisdictions to develop three model reach codes to reduce greenhouse gas emissions. The reach codes addressed the following subjects:
All-electric for new buildings
Increased energy efficiency for additions and alterations Enhanced EV charger requirements
The County adopted the three model reach codes and recommended that all Marin jurisdictions also adopt them, which several have done. Last year San Anselmo adopted only the all-electric for new buildings reach code. The draft ordinance being read tonight as Agenda Item 3.3 addresses the other two subjects and closely aligns with the model reach codes prepared by the County.
The more than 100 members of the combined Marin/Sonoma Building Electrification and Electric Vehicle squads, many of whom live in San Anselmo, strongly support adoption of the draft ordinance as an essential step for San Anselmo to be able to achieve its greenhouse gas emission reduction goals by 2030.
David Moller. P.E.
Larkspur
DM David Moller <[email protected]>
To: Town Council
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Comments for town council mtg 8/22/2023
Sat 8/19/2023 10:11 PM
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Greeting town council members,
The San Anselmo building, planning, and public works departments have been on the frontline fighting climate change. I dare say they have done more than any other town or city in Marin County to take action. I wish they could get more accolades because of all the things they have done which are too many to say here except for one, the purchase of the Ford Lighting this year.
That purchase was a requirement to qualify for the vital and financially significant PG&E EV charging infrastructure. The purchase of this truck meant the town now qualified to have PG&E pay for the cost of the electricity from the source to the meter for three town parking lots. Without this truck all that infrastructure funding would have been lost. There was a time limit.
However, I am so disappointed to learn of the purchase of a new gas truck by the public works department. Whenever we buy a gas powered vehicle we are adding to the release of carbon into the atmosphere that will stay there for hundreds of years. The recently purchased gas truck will be on the road for 15-20 years or more, leading to more of the carbon driving climate change, and air pollution that contributes to poor public health outcomes.
It's continuing a toxic ecosystem because gas cars need gas; gas needs oil; oil means drilling that contaminates land; it means refineries, and diesel trucks delivering gas to gas stations. Gas station with underground wells that poison land and water when they leak. It won’t be San Anselmo that bears the brunt of it. It will be the communities like Richmond living next to the Chevron refinery.
You may think it's just one car but it's the message that it sends to the industry. You're telling Ford and Chevrolet we still want gas trucks. You're telling them we are still all in with the oil companies. I don’t believe that is the message public works intended or wants to send.
I understand there are competing demands here. The public works department job is to insure they have dependable vehicles that can keep the town safe. They also have to worry about the cost of maintaining older trucks. San Anselmo is in a bind. It needs new trucks now and the electric trucks out there are too big and too expensive. But there are more coming and faster than we realize.
Supply chains are easing and competition between the auto manufacturers is fierce. Tesla’s cutting of its prices has sent EV prices on a downward trajectory. Ford cut its Lightning price by $10,000.
If it absolutely cannot wait until there are more available, affordable trucks one solution would be to buy a newer year model but a used one. That way we wouldn’t be a new customer to the oil industry that is literally and figuratively lighting fire to this planet. We need to starve it of its oxygen which means we cannot buy any new gas vehicles.
As Brian Colbert and Eric Lucan said in their July 19, 2023 Marin Voice:
“The transition to EVs marks one of the most significant shifts toward a cleaner and more equitable future that we have seen in our lifetimes. Each EV on the road puts us a small step closer to achieving crucial climate goals and eliminates local air pollution. The work we are doing to prepare communities for the transition also drives jobs and local investment.” Thank you for your time,
Susannah Saunders
Chair, San Anselmo Climate Action Commission.
SS Sue Saunders <[email protected]>
To: Town Council
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Town Council Meeting August 22 - Public Comment
Sat 8/19/2023 4:59 PM
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Dear Mayor Burdo and Town Councilmembers,
I am a student at Archie Williams and a resident of San Anselmo. I'm writing to ask that all future town vehicles purchased be electric rather than gas powered. The public notices when towns and cities move further towards a greener environment. With so many electric options now available, it really makes much more sense to purchase electric over gas.
Second, I strongly support requiring future home construction to include electric chargers and future remodels to have very enticing incentives to choose more electrification and energy saving appliances.
We really must move the needle away from fossil fuels and all our old ways of building. I'm almost 18 and I want to see the planet heal, not continue to get thrashed by human behaviors. We can and should do better for all of us, especially all the young children and infants just beginning their journeys.
Thank you,
Ingrid Wahlstrom
San Anselmo
IW Ingrid Wahlstrom <[email protected]> To: Town Council
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