Tuesday, September 12, 2023 6:00 PM
A. Call to Order in the Council Chambers at Town Hall- 525Â San Anselmo Avenue, San Anselmo CA 94960- 6:00 PM
In the Council Chambers at 525 San Anselmo Avenue, San Anselmo, CA 94960 Town Council
Agenda
Meeting held In-Person and via Zoom:
https://us02web.zoom.us/j/81473359704
Or Telephone: +1 669 900 6833 | Webinar ID: 814 7335 9704 How to Submit Comments Before the Meeting: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.
How to Participate During the Meeting: Members of the public will have the option to speak during the meeting through the Zoom application by using their phone or an electronic device.
For PC, Mac, or smart phone, Use Raise hand function when public comment for an item is requested. It is a button that is located at the top or bottom of your screen, based on your computer For landline phones, raise hand to be recognized with *9 Please be advised those participating in the meeting remotely via Zoom do so at their own risk. The Town Council regular meeting will not be cancelled if any technical problems occur during the meeting.
B. Mayor Burdo announces that item B.1 will be discussed in Closed Session.
B.1.Closed session pursuant to California Government Code § 54956.8 - Conference with Real Property Negotiators
Property: APN 005-011-60 Agency negotiator: Town Manager David Donery Negotiating parties:
Marin Open Space Trust; Mary Conversano Under negotiation: Price and Terms of Payment Property: 404 San Francisco Blvd, San Anselmo Agency Negotiator: Town Manager, David Donery Negotiating parties: Michael Folk Under negotiation: Price and Terms of Payment Town Council Agenda September 12, 2023
1 1. Consent Agenda:
1.1 Approval of the Draft Minutes of the Regular Town Council Meeting of August 22, 2023.
1.2 Design Contract for 2024 Street Resurfacing Project
1.3 Response to 2023 Grand Jury Report Entitled Build More ADUs – An Rx to Increase Marin’s Housing Supply. The Council’s consideration and approval of this item is not a “project” under the California Environmental Quality Act per Cal. Pub. Res. Code § 21065.
C. PUBLIC COMMENT on Closed Session Items.
Written Public Comment for Marin Open Space Trust
Public Comment- Kennedy
Written Public Comment for 404 San Francisco Blvd.
Public Comment- Folk
Public Comment- Folk
Public Comment- Voss
Council Reconvenes in the Council Chambers. Optional Pledge of Allegiance: The Mayor or a designated Council member will recite the Pledge of Allegiance for members of the Council and the public who wish to join in the recitation- 7:00 PM
Open time for public expression.
The public is welcome to address the Council at this time on matters not on the agenda that are within the jurisdiction of the Council. Please be advised that pursuant to Government Code Section 54954.2, Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than three minutes and should be respectful to the community.
Council requests for future agenda items.
Council committee liaison reports, questions and comments to staff; staff miscellaneous items.
Special Presentation- There are No Special Presentations.
The opportunity for public comment on consent agenda items will occur prior to Council discussion of the consent agenda. The Council may approve the entire consent agenda with one action. In the alternative, items on the consent agenda may be removed by any Council or staff member, for separate discussion and vote.
Staff Report.doc
Attachment 1- Draft Minutes of the August 22, 2023 Meeting Staff Report.doc
Attachment 1
Staff Report.pdf
Attachment 1- Draft Response to the Marin County Civil Grand Jury Report.pdf Attachment 2 - Grand Jury Report Build More ADUs – An Rx to Increase Marin’s Town Council Agenda September 12, 2023
2 1.4 Notice of Completion of 2023 Street Resurfacing Project
1.5 Adopt Ordinance Amending the Town’s Green Building Regulations
1.6 Authorize the Mayor to Execute a Second Amendment to the Community Development Block Grant Cooperation Agreement
3. Council Business Items will be Heard before the Public Hearing Items:
3.1 Receive an Update on the Traffic Calming Guidelines Discussion. Receiving an update qualifies under the CEQA “General Rule” exemption, CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment and is therefore exempt from the provisions of CEQA.
3.2 Consideration of the San Anselmo Town Hall Roof and HVAC Replacement Project. 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 maintenance and minor alteration of an existing facility with negligible or no expansion of use.
2. Public Hearings:
Housing Supply.pdf
Staff Report.doc
Staff Report
Attachment 1 - Proposed Ordinance
Staff Report.doc
Attachment 1- Cooperation Agreement Second Amendment.pdf Attachment 2- Cooperation Agreement First Amendment Executed Copy.pdf In general, the following procedural order applies to items of business:
•Presentation
•Town Council questions
•PUBLIC COMMENT – limited to 3 minutes/person
•Town Council discussion/action
Staff Report.doc
Attachment 1- Traffic Calming Guidelines.pdf
Attachment 2- Speed Survey.pdf
Correspondence- AB 43 Summary
Staff Report.doc
In general, the following procedural order applies to public hearing items:
•Disclosure of Ex Parte communications (Appeals)
•Staff Presentation
•Town Council Questions
•Applicant/Appellant Presentations – 10 minutes per "team" (Appeals) •PUBLIC COMMENT – limited to 3 minutes/person
•Appellant/Applicant rebuttals – 5 minutes per "team" (Appeals) •Town Council discussion/action
Town Council Agenda September 12, 2023
3 2.1
Adoption and first read of the mural ordinance and consideration of resolution adopting Public Mural Administrative Guidelines. The proposed Ordinance Amendments and Guidelines are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) because they are not a “project’ under CEQA and CEQA Guidelines section 15061(b)(3), the “common sense exemption”, because it can be seen with certainty that they will not have a significant environmental effect.
2.2 Appeal of staff determination of “Substantial Improvement” for proposed project at 22 Belle requiring compliance with FEMA and Town Floodplain regulations to raise habitable floor level to 1-foot above Base Flood Elevation. The subject appeal decision is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) because it is not a “project” under CEQA and CEQA Guidelines section 15061(b) (3), the “common sense exemption”, because it can be seen with certainty that it will not have a significant environmental effect.
4. Adjourn
Staff Report.doc
Attachment 1 - Ordinance Amendments.doc
Attachment 3 - Public Mural Program Guidelines.doc
Attachment 2 - Resolution Adopting Mural Guidelines.doc Staff Report.doc
Attachment A- Proposed Resolution.docx
Attachment B – May 20, 2022 Letter from Attorney Elizabeth Bridges to Sean Condry.pdf Attachment C – June 16, 2022 Letter from Assistant Town Attorney to Elizabeth Bridges.pdf
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Staff at email [email protected]. Notification at least 48 hours prior to the meeting will enable the Town to make reasonable accommodation to help insure accessibility to this meeting.
Any writings or documents provided to a majority of the Town Council regarding any item on this agenda after the distribution of the original packet will be made available for public inspection at the public counter at Town Hall located at 525 San Anselmo Avenue.
Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda. If any of these matters above are challenged in court, you may be limited to raising only those issues you or someone else raised at any public hearing described on this agenda, or in written correspondence delivered at, or prior to, this Council meeting. Judicial review of an administrative decision of the Town Council must be filed with the Court not later than the 90th day following the date of the Council’s decision (Code of Civil Procedure Section 1094.6) Any item not under discussion before 10:00 p.m. may be continued to the next regular meeting. Next regular meeting is September 26, 2023.
Administration Department
Town Hall, main floor
525 San Anselmo Avenue
Town Council Agenda September 12, 2023
4 San Anselmo, CA 94960
(415) 258-4691
Town Council
Steve Burdo, Mayor
Eileen Burke, Vice Mayor
Brian Colbert, Councilmember
Alexis Fineman, Councilmember
Tarrell Kullaway, Councilmember
Staff
David Donery, Town Manager
Linda Kenton, Assistant Town Manager / Town Librarian
Jeff Zuba, Finance and Admin Services Director
Megan Holt Acevedo, Town Attorney
Serge Avila, Town Clerk
Heidi Scoble, Planning Director
Sean Condry, Public Works Director
Dannielle Mauk, Community Services Director
Mike Norton, Chief of Police
Dan Mahoney, Interim Fire Chief
DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the Town of San Anselmo website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.
Town Council Agenda September 12, 2023
5 September 6, 2023
Dear San Anselmo Town Council,
I have recently become aware of efforts to acquire the Upper Hawthorne parcel as open space and I would like to voice my strong support for this endeavor. My kids and I moved into my home on 238 Oak Springs Drive in 2021 and this parcel is contiguous to my own.
One of the unique aspects of this land is that multiple trails run through it, frequently used by hikers and bikers coming up from Sleepy Hollow and Fairfax. It was surprising to me to learn that it was not in fact already open space given its current and historical use, and it would be a shame if development were to impact this public use. As you know, the parcel connects many trails in the Hawthorne canyon area with open space to the north and west, creating much needed outdoor recreation.
If the city fails in its efforts to secure this beautiful parcel of land, I fear that a developer would quickly snap it up and build eyesores that would impact the views from the town below. Our hill is visible from Red Hill Shopping Center and other parts of the town - a bunch of new homes dotting the hillside would greatly impact the beautiful green space views for many residents.
Further, I’m concerned about impacts on our already congested roads.
Please consider supporting the efforts to protect this special parcel as open space, so that it can be used for generations to come.
Thank you,
Sol Kennedy
238 Oak Springs Drive
San Anselmo, CA 94960
(415) 500-5400
6 July 19th, 2023
San Anselmo Town Council
RE: 404 San Francisco Blvd, San Anselmo
To: San Anselmo Town Council members
As part of Marin County’s Housing Element, 404 San Francisco Blvd was rezoned for higher density housing on January 24th, 2023. Starting as early as 2021, our development team has sought guidance from the town’s administrators on the redevelopment process of this property that shares a boundary with the town’s corporation yard. Though our site is located outside the town limits in unincorporated Marin, and therefore subject to the county’s planning process, it was clear to us that this development would benefit the town. 404 San Francisco Blvd. has had multi-family housing on it for the past century, first for the benefit of Sorich Dairy and subsequently as a standalone income property. The ad hoc buildings on the site were poorly constructed and benefited from only the most basic maintenance for many decades. There is no path forward for the buildings to remain in long term service without being entirely rebuilt.
We have begun the design work to advance an application with the county’s planning department.
Because of the irregular shape of our existing site we have proposed the idea of creating an easement on a small under-utilized portion of the corporation yard. Through our meetings with Sean Condry, we have learned that the San Anselmo Public Works Department is open to making some modifications to the corporation yard that would improve the functionality of useable spaces while eliminating the need to retain the space currently occupied by two empty warehouses that are planned to be torn down. The need for the decaying warehouses was substantially reduced when the primary corporation yard buildings were rebuilt about 20 years ago.
Exhibit A: satellite view of the proposed easement area highlighted in blue.
Exhibit B: preliminary site plan that shows that the proposed easement area would be used for parking and circulation. The driveway on each property would connect so that emergency vehicles could ingress on one property and egress through the other. The option to connect the vehicle circulation from each property could benefit any future residential use the town might consider on the corporation yard site.
7 While our properties are separated by the city/county boundary line, we believe our development plan offers some beneficial opportunities for the Town of San Anselmo. • Housing – for many Marin towns, filling staff positions with applicants willing to move into the Marin housing market can be a challenge. We can prioritize the needs of town staff for our vacant units which offer both some deed restricted affordable and residences that are affordable by design.
• Corporation Yard – We can fund the budget to modify the hardscape for reorganizing the corporation yard for greater efficiency
• Water – Our development plan always included a gray water recovery system for our irrigation and toilet flushing needs. We have also researched an on-site black water treatment system that would create a surplus of recycled water that the Town could use for the corporation yard and at Memorial Park. Historically Memorial Park has used between 60K (winter) and 400K gallons (summer) of potable water per month, costing nearly $30K/year at current rates which are projected to increase 20% in the coming year. Because MMWD sells water on a tiered basis, much of the budget is spent on Tier 3 rates which are 4x the Tier 1 rates. Our engineering projections show a surplus of 150K-200K gallons per month of recycled water that could be piped down to Memorial Park offsetting the need for over half of the annual potable water needs for the park’s irrigation.
• Safety – Our all-electric new community will have its own micro-grid with both energy generation and battery storage, making it an ideal location for a command post in the case of a natural wildfire emergency and blackouts. Linking the driveways to our two properties via the proposed easement area would provide additional safety for the users of both properties.
We are proposing that Sorich Commons Partners, LLC enter into an easement agreement with the Town of San Anselmo to use a portion of the town’s corporation yard that is not central to the needs of the DPW. We plan to use the land for parking and circulation as shown Exhibit B.
With a menu of potential benefits for the town, we would like to understand how these might align with the Town Council’s priorities.
Thank you for your consideration,
Michael Folk
Manager
Sorich Commons Partners, LLC
8 Exhibit A
9 Exhibit B
469B Magnolia Avenue
Larkspur, CA 94939
Phone 415 927 1156
Fax 415 927 0847 www.polskyarchitects.com
6/22/23
PRELIMINARY
SAN ANSELMO CA
AP#
CORP-1
PROPOSED
CORPORATION YARD
IMPROVEMENTS
404 SAN FRANCISCO AVE.
2116RP
SCALEDRAWN
JOB #
PRINT DATE
SHEET
SORICH COMMONS
∆ BY DATE DESCRIPTION
P O L S K Y P E R L S T E I N A R C H I T E C T S NOTED ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREINCONSTITUTE THE ORIGINAL AND UN-PUBLISHED WORK OF POLSKY PERLSTEIN ARCHITECTS AND MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE EXPRESS WRITTEN CONSENT OF POLSKY PERLSTEIN ARCHITECTS © 20 23 P O L S K Y P E R L S T E I N A R C H I T E C T S SCALE: 1"=20'-0"
0' 20' 40'
TRUE NORTH
TRUE NORTH
404 SITE: 96,027.8 sq ft
CORP YARD AREA
9,800.0 sq ft FOR USE BY RESID.
STAGING AREA
7,000.0 sq ft SHOWN HATCHED
20'-0"
32"RWD
N48°16'47"E - 120.63'
S41°16'21"E - 89.98'
N56°32'45"E - 144.43'
N48°16'47"E - 57.00' N48°16'47"E - 121.53'
5S °3 65 5' "9 E - 89 4. ' 5
42"RWD
(3)9"T
8"T
(3)8"T
36"OAK
(4)7"O
9"O
18"T
S26°00'24"E - 228.15'
N66°40 0' 0"E - 221.67'
15' WIDE SANITARY SEWER EASEMENT
128
126
128
126
124
124
126
126
130
130
132
134
136
132
132
132
134
134
136
138
140
136
142
142
14 140
146
14 140
142
144
138
138
126
128
EXISTING ADMIN. BUILDING
EXISTING SHOP/ WORK BUILDING
RE-LOCATED STORAGE CONTAINERS
EXISTINGFUELINGSTATION
STORAGE CONTAINERS TO BE RE- LOCATED SHOWN DASHED
MATERIAL BINS TO BE RE-LOCATEDSHOWN DASHED
SHIFT LOCATION OF STACKED CMURETAINING WALL
EXISTING STACKED CMU RETAINING WALL
EXISTING WASHSTATION
NEW STACKED CMU RETAINING WALL
20YD TRUCK
RE-LOCATED MATERIALS BINS
EXISTING DRIVE AREA
EXPANDED DRIVE AREA TOACCOMMODATE FIRE TRUCKTURNAROUND
GRADE SLOPE AT 3:1 MAXIMUM AS REQUIRED
NEW STACKED CMU RETAINING WALL IF REQUIRED
EXISTING SORICH CREEK INLET
TOWN OF SAN ANSELMOCORPORATION YARD
FUTURE MULTI- FAMILY RESIDENTIAL DEVELOPMENT
PRESERVE EXISTING OAK TREE
BUILDINGS TO BE REMOVED SHOWN DASHED
8 NEW PARKING SPACES
REMOVABLE BOLLARDS AT PROPOSED PROPERTY LINE
TO ALLOW EMERGENCYVEHICLE ACCESS
NEW STACKED CMU RETAINING WALL
SCALE: 1" = 20' 1 CORPORATION YARD- PROPOSED MODIFICATIONS AND IMPROVEMENTS CORP-1
10 BENEFICAL OPPORTUNITIES
Water Overview:
Wastewater produced by Sorich Commons is a dependable water source for non-potable demands such as irrigation, mechanical cooling, or even toilet flushing, both on the site and as an alternative nonpotable supply for the town at Memorial Park. Onsite reuse provides a myriad of potential benefits, such as protecting existing sewer capacity, reducing the burden on the potable water system, recharging groundwater, providing drought-proof water sources and modeling appropriately scaled regional solutions to infrastructure and climate challenges. Where water recycling systems were once massive civic projects predicated on expansive purple pipe networks, they can now be blended into an integrated water platform at the institutional or community level. This helps cities meet mandates for water conservation and drought resilience, all while avoiding costly centralized projects.
Impact on Memorial Park Water Demand (after Sorich Commons demand has been met) • Sorich Commons could export enough tertiary treated water to meet 58% of Memorial Park’s annual irrigation demand.
• Annual reduction in Memorial Park potable irrigation demand (2017 meter data) by using Sorich Commons tertiary treated water: 1.6 million gallons
11 Impact on Memorial Water Expenditures
Using water meter data from 2017, we looked at the long-term savings for the Town of San Anselmo.
Taking the published 2024-26 MMWD water fees, we see the use of recycled water drops Memorial Park out of all Tier 3 usage and in some billing periods drops down to the cheapest Tier 1. From 2027, we forecasted an annual rate increase of 6%, which has been the average increase from 2013-2026. Over 30 years, the total savings on potable water purchased from MMWD is projected to be $2.6 million.
Purple Pipe from Sorich Commons to Memorial Park
Our design engineers created a probable cost estimate to lay over 2020 feet of 4” HDPE pipe down Los Angeles Blvd to connect with the Memorial Park irrigation system. Exclusive of profit, overhead and contingency, the estimate is $89K. Their firm researches grants and it seems likely that there could be grant money available for a pipeline project that reduces water use and creates a more resilient system.
Some Assumptions we made:
-Sorich Commons treatment reaches tertiary standards and can be used for spray irrigation and toilet flushing -Memorial Park water demand is 100% for irrigation or toilet flushing, we ignore sinks/drinking fountains or other potable fixtures
-Memorial Park will continue to have similar water demand as 2017 -Sorich Commons has MWELO (water efficient) compliant landscaping -Sorich uses the first available tertiary treatment for its irrigation, leaving less available in the summer for Memorial Park -Rate increases will continue to be the 6% per annum as observed from 2013-2026 -Watershed fee will raise the same as the Tiers
-Tier 3 for irrigation in 2026 is negligibly (~5%) more expensive than Tier 2. If Tier 3 were to diverge, financial value of water savings increases.
-The Tiers for Memorial Park were based off the baseline water demand allowance in 2017. We assume the baseline allowance system stays the same.
-Tertiary treated can’t typically be used within 50 ft of a well (there are exemptions). We assume no well on Memorial -Tertiary can’t be used where spray/mist might enter dwellings, outdoor eating areas, or food prep. We assume this will not be the case.
12 Corporation Yard Improvements
In consultation with Sean Condry, we discussed how to make improvements to the corporation yard that would improve efficiency, accommodate current uses and ensure future flexibility while removing the land behind and below the unused warehouses. We are estimating a $35K budget.
Priorities
• Create a large flat area for the yearly slurry seal staging • Improve turning radius so that tall trucks can easily bypass the narrow driveway passage between the NE corner of the large workshop building and the stacked CMU retaining wall • Maintain storage that is currently in use
• Re-align materials storage bins to accommodate vehicle access to the vegetation processing pad outside of the fenced yard
• Create additional parking
Solutions
• Shift the location of the stacked CMU retaining wall farther into the hillside to allow a greater turning radius at the NE corner of the work shop building • Add new stacked CMU retaining wall to create 8 new parking spaces • Add new stacked CMU retaining wall behind existing storage containers • Move storage containers next to vehicle wash station there by creating a 7,000 sq/ft flat staging area
• Rebuild materials bins and align so that the existing driveway can be widened to 20’ • Add removeable bollards to connect the driveways of both properties. o ensure fluid access for emergency vehicles between the properties o Improve vehicle circulation on the corporation yard site that could be beneficial if the town changes zoning for future residential use
Appraisal
We have contracted with an appraiser to draft an appraisal of our proposed easement of the underutilized portion of the corporation yard shown in Exhibit B. The appraisal is expected to be completed by the end of July 2023.
13 1
APPRAISAL REPORT
NEAR 404 SAN FRANCISCO BLVD
SAN ANSELMO (UNINC), MARIN COUNTY, CALIFORNIA
PORTION OF APN 177-220-61
Prepared for:
Michael Folk
Sorich Commons Partners LLC
Date of Valuation:
August 14, 2023
By
Dana Burwell, MAI, ASA
P.O. Box 115
Healdsburg, CA 95448
14 2
Dana W. Burwell, MAI, ASA
Real Estate Valuation - Consultation
Post Office Box 115, Healdsburg, CA 95448
Tel: 707-433-7490 - Fax: 707-395-4105
email: [email protected]
August 16, 2023
Michael Folk
Manager
Sorich Commons Partners, LLC
404 San Francisco Blvd
San Anselmo, California
Dear Michael,
At your request, I have prepared an appraisal report on the value of the proposed easement interest located near 404 San Francisco Blvd in the unincorporated area of San Anselmo, Marin County, California. The appraisal is a Narrative Appraisal Report and is intended to comply with The Uniform Standards of Professional Appraisal Practice (USPAP) as promulgated by the Appraisal Standards Board.
My opinion of the Market Value of the easement interest as of August 14, 2023, is as follows:
ONE HUNDRED SEVENTY-TWO THOUSAND DOLLARS
($172,000)
Sincerely,
Dana W. Burwell
Certified General Appraiser
AG 003696
15 3
EXECUTIVE SUMMARY
Appraisal Type: Narrative Appraisal Report
Property Address:
404 San Francisco Blvd
Unincorporated San Anselmo
Marin County, California 94960
Owner(s) of Record: Town of San Anselmo
Type of Improvements: To be acquired as vacant land
Easement Area: 9,800.4 sf
Tax Parcel ID: 177-203-61 portion
Zoning Classification: PF: Public Facilities
Highest and Best Use as Vacant: Residential development Highest and Best Use as Improved: Residential development Five (5) Year Sale History, Date/Price:
Owned by the Town of San Anselmo as a corporation
yard.
Effective Date of Appraisal: August 14, 2023
Inspection Date: August 14, 2023
Type of Value: Market Value
Land Value: $344,000 fee value ($35/sf)
Easement Value: $172,000 (50% of fee value)
16 4
PURPOSE AND INTENDED USE OF THE APPRAISAL
The purpose of the appraisal is to estimate the value of a proposed easement that will encumber a 9,800.4-sf area currently used as a portion of the corporation yard by the Town of Anselmo. The area is located at the northern end of a proposed multi-family development and will be utilized for onsite parking, emergency vehicle access and is also to be shared with the city yard. The terms of the easement agreement have not been finalized.
DATE OF VALUE
August 14, 2023
NARRATIVE APPRAISAL DEFINED
A narrative appraisal report is a written communication of the results of a valuation or review assignment presented to the client in a narrative style rather than on a form or orally.
COMPETENCY STATEMENT
Dana W. Burwell has actively appraised a wide variety of commercial, industrial and special purpose properties in the San Francisco Bay Area for over 25 years. He was awarded the Appraisal Institute MAI designation in 1999 and the American Society of Appraisers ASA designation in 1999 and provides evidence of his education necessary to appraise all major types of properties.
PROPERTY RIGHTS DEFINED
The value estimates required for this appraisal assignment consist of only the fee simple estate.
Property interests are defined as follows:
Fee Simple Estate — an absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.
Leased Fee Interest — the lessor’ s or landlord’ s interest. A leased fee estate is an ownership interest held by the lessor, which includes the right to receive the contact rent specified in the lease plus the reversionary right when the lease expires.
17 5
Leasehold Interest — the lessee’s , or tenant’s, estate. The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease.
Easement Interest: - The right to use another s land for a started purpose. The easement is an interest in real property and is considered non-possessory. The holder of an easement has only such control of the land as is necessary for the purpose of using the easement. Others using the land may not interfere with the use of the easement.
Excess and Surplus Land — In regard to an improved site, excess land is the land not needed to serve or support the existing improvement. In regard to a vacant site or a site considered as though vacant, excess land is the land not needed to accommodate the site’s primy highest and best use.
Such land may have its own highest and best use or may allow for future expansion of the existing or anticipated improvement. If the excess land is marketable or has value for a future use, its market value as vacant land is added to the estimated value of the economic entity. Surplus land is land that does not serve or support the existing improvement, but cannot be separated from the property and sold off. Surplus land does not have an independent highest and best use.
GENERAL ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal report and valuation contained herein are expressly subject to the following general assumptions and limiting conditions:
This appraisal is subject to the following limiting conditions.
1. The legal descriptions and area dimensions furnished to the appraiser for the permanent easement interests to be acquired are assumed to be correct. No survey of the boundaries of any portion of the property or the rights to be acquired therefrom has been furnished to the appraiser.
2. I assume no responsibility for matters legal in character, nor do I render any opinion as to title, which is assumed to be marketable. All existing liens, encumbrances, and assessments have been disregarded, except where noted, and the property is appraised as though free and clear, under responsible ownership and competent management.
3. Unless otherwise noted herein, it is assumed that there are no encroachments, zoning, or restrictive violations existing on the subject property.
4. No opinion is intended to be expressed on matters which require legal expertise or specialized investigation or knowledge beyond that customarily employed by real estate appraisers. 18 6
5. The exhibits in this report are included to assist the reader in visualizing the property. I have made no survey of the property and assume no responsibility in connection with such matters.
6. The statements of value and all conclusions shall apply as of the date shown herein.
7. I assume no responsibility for economic or physical factors which may affect the opinions herein stated, which may be present or occur at some date after the date of value.
8. I have inspected, as far as possible, by observation, the land; however, it was impossible to personally inspect conditions beneath the soil; therefore, no representations are made as to these matters unless specifically considered in the appraisal. Further, no opinion is expressed as to the value of sub-surface oil, gas, or mineral rights, or whether the property is subject to surface entry for the exploration or removal of such materials, except as is expressly stated.
9. This appraisal is predicated on the assumption that the existence of hazardous material, which may or may not be present on or near the property, was not observed by the appraiser, unless otherwise stated. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of asbestos or other potentially hazardous materials may affect the value of the property. The value estimate herein is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such condition, or for any expertise or knowledge required to discover them.
10. No engineering survey has been made by the appraiser. Except as specifically stated, data relative to size and area were taken from sources considered reliable. Furthermore, no warranty is implied with regard to physical or structural or operational deficiencies which are not disclosed to the appraiser and noted herein.
11. The appraiser assumes no responsibility for determining if the property requires environmental approval by the appropriate governing agencies, nor if it is in violation thereof, unless otherwise noted herein. The appraiser assumes that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined and considered in the appraisal report. The appraiser assumes that all required licenses, certificates of occupancy, consents or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 19 7
12. Information, estimates, and opinions contained in this report are obtained from sources considered reliable and where feasible, has been verified. However, no liability can be assumed for information supplied by others.
13. The appraiser reserves the right to make such adjustments to the valuation herein reported, as may be required by the consideration of additional data or more reliable data that may become available.
14. The appraiser may not be required to give testimony or to appear in court or any governmental or other hearing by reason of this appraisal, unless prior arrangements have been made.
15. The appraiser has no present or contemplated future interest in the property which is not specifically disclosed in this report.
16. This report shall be used for its intended purpose only and by the parties to whom it is addressed as of the current date of valuation. Possession of this report does not carry with it the right of publication, or duplication. The signer of this report is subject to the Appraisal Institute Bylaws and Regulations. The Institute requires each member or candidate to control the use and distribution of each appraisal signed by such member or candidate. Therefore, except as hereinafter provided, the party for whom this appraisal was prepared may distribute copies of this report, in its entirety, to such third parties as may be selected by the party for whom this report was prepared; however, selected portions of this appraisal shall not be given to third parties without the prior written consent of the signatories of this report. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media without the written consent or approval of the author.
This applies particularly to value conclusions, the identity of the appraiser or firm with which is connected, and any reference to the Appraisal Institute. 20 8
CERTIFICATION
I CERTIFY that to the best of my knowledge and belief the following:
•The statements of fact contained in this report are true and correct. •The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are the personal unbiased professional analyses, opinions, and conclusions of the undersigned.
•I have performed no other services, as an appraiser or in any other capacity, regarding the property that is the subject of the work under review within the three-year period immediately preceding acceptance of this assignment.
•The undersigned has no present or prospective interest in the property that is the subject of this report, and the undersigned has no personal interest or bias with respect to the parties involved with this assignment.
• The engagement in this assignment was not contingent upon developing or reporting predetermined results. The compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
The appraisal assignment was NOT based on a requested minimum valuation, a specific valuation or upon the approval of a loan.
•The analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice and with the requirements of the Codes of Ethics and Standards of Professional Practice of the Appraisal Institute and American Society of Appraisers.
•The use of this report is subject to the requirements of the Appraisal Institute and American Society of Appraisers relating to review by their duly authorized representatives. •The undersigned does further certify that he has conducted a personal inspection of the exterior of the property that is the subject of this report. •I have the knowledge and experience required to complete this appraisal assignment for this type of property. Further, I meet the Competency Provision as set forth in USPAP. •The Appraisal Institute and the American Society of Appraisers have mandatory recertification programs for all of its accredited members. As of the date of this report, Dana W. Burwell is in compliance with those programs.
21 9
SCOPE OF WORK AND REPORTING PROCESS
The scope of the appraisal required investigating sufficient data relative to the subject property in order to derive an opinion of value for the real estate interests to be appraised. The depth of analysis was based on the significance of the appraisal problem. The results of the analysis have been incorporated into a narrative appraisal report. The appraisal assignment required the following steps:
1. An inspection of the subject property and surrounding neighborhood was conducted to determine the physical features and conditions of the subject in addition to its environment and surrounding influences.
2. The current physical and legal conditions of the subject property were researched in addition to background and history.
3. The market area was examined to determine existing and proposed inventory, demand and marketability of comparable properties.
4. The highest and best use of the property was determined based on the factors of physical possibility, legal permissibility, financial feasibility and maximum productivity.
5. A determination was named as to the appropriate approaches to valuation.
6. An investigation of comparable market transactions was undertaken, and selected comparable vacant land properties were researched with principles, brokers or others knowledgeable about the transaction.
7. Based on a review and analysis of the market data, the market value of the subject property with and without the easement was estimated by the Sales Comparison Approach to value.
22 10
DEFINITION OF MARKET VALUE
The purpose of this report is to provide an opinion of market value of the subject property under the assumptions and limiting conditions stated. The term value, or market value, is defined as follows:
The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
1. buyer and seller are typically motivated;
2. both parties are well informed or well advised, and each acting in what they consider their best interests;
3. a reasonable time is allowed for exposure in the open market;
4. payment is made in terms of cash, in United States dollars, or in terms of financial arrangements comparable thereto; and
5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.
In the case of income-producing properties, market value is also interpreted as the present worth of the anticipated future benefits of ownership of the property. The benefits of ownership in this type of property are normally twofold: one is the right to receive the income during the economic life of the improvements; the second is the right to the reversionary value of the land at the conclusion of the economic life of the improvements.
23 11
CONDITION OF TITLE
The property is currently vested as follows:
Town of San Anselmo
LEGAL DESCRIPTION
A complete legal description for the subject property was not available.
SALES HISTORY
The property is currently a part of the Town of San Anselmo Corporation Yard and is improved with several older metal buildings.
24 12
REGIONAL AND NEIGHBORHOOD CHARACTERISTICS
Marin County Overview
Marin County is one of the counties
included in the San Francisco Bay Area
planning region and is situated just north
of San Francisco, across the Golden Gate
Bridge. The County consists of a rugged
peninsula with the majority of the
developed region being located on the
east or Bay side of the peninsula. The
ocean side is sparsely populated. The
County's inherent aesthetic appeal and
close proximity to San Francisco have
made it an extremely desirable residential
location.
Transportation
Marin County has developed primarily as a residential or bedroom community, with few major businesses or industrial facilities. A large proportion of the County's work force commutes to the major business centers in the surrounding Bay Area, primarily downtown San Francisco. U.S.
Highway 101 traverses the County, connecting directly with San Francisco to the south and Santa Rosa to the north. Interstate 880 runs across the Richmond/San Rafael Bridge providing a direct link with the East Bay Area. Commuter ferries provide service to the San Francisco Financial District from the cities of Larkspur, Tiburon and Sausalito. Bus service is also available to most communities in Marin.
The primarily north/south thoroughfare of U.S. Highway 101 is considered to be at maximum capacity and is often subject of long delays and stop/go traffic throughout the working day. This is becoming one of the major constraints of development in the County. Plans are presently being considered to alleviate the problem, including utilizing the old Northwest Pacific Railroad right-ofway as a mass transit corridor. The carpool lane has been extended throughout most of the County and this has somewhat eased the traffic congestion, particularly for commuters.
Marin County and the City of San Rafael are easily reached by the Golden Gate Bridge, or by ferry service from Sausalito, Larkspur or Tiburon. To the east, Highway 37 connects with I-80 to Sacramento. Highway 101 connects with the more northern counties of Sonoma, Napa and 25 13
Mendocino to the north, while Marin is linked to the East Bay by way of I-580 and the Richmond Bridge.
Population
Marin County experienced strong population growth throughout much of the period between 1950 to 1960. The population growth slowed dramatically in the 1970's as most of the close in or southern portion of the County was largely built-out. During the past decade, and to the present, new development has taken place primarily in-fill sites in the southern portion of the County, or in the north near the City of Novato which still has substantial inventory of undeveloped land.
Population growth over the 1980's was negligible. The population of the County grew from 230,096 in 1990 to 249,900 in 2002, based on figures provided by the State of California Department of Finance. According to the Association of Bay Area Governments (ABAG), the population of the County is expected to increase only modestly over the next ten years, to approximately 275,400 residents in 2020.
Employment
A relatively large proportion of the Marin County work force is composed of managerial, professional and technical workers who commute to San Francisco. However, the local Marin economy has experienced some diversification in recent years. The County has attracted several firms including Fireman’s Fund Insurance Company, Auto Desk and McGraw Hill. The County also witnessed the start-up of computer and technology related firms, particularly in the area of software development. The largest employers in the County include Fireman's Fund Insurance Company, San Quentin Prison, The County Government, Marin General Hospital and Kaiser Permanente.
26 14
SUBJECT PROPERTY DESCRIPTION
Location: Near 404 San Francisco Blvd, Unincorporated San Anselmo, Marin County, California.
APN: 177-203-61 Portion
Site Description: The subject parcel contains 9,800.4 sf and is improved with several older metal buildings. The parcel is level. The parcel is irregular in shape and represents a portion of the Town of San Anselmo Corporation Yard. ff-site Imp: Improved shoulders along a public road.
Easements/Encums: The appraiser has not reviewed a legal description of the subject property.
Access: San Francisco Blvd is a two-lane public roadway with curbs, gutters and sidewalks and provides public access to the subject.
Soils: No geotechnical data has been provided regarding the subject property.
Flood zone: Zone X, FEMA Map Panel 06041C-0456F, dated 3/16/2016, outside the 100- year flood area.
Seismic hazard: Not located within an Alquist-Priolo Seismic Studies Zone. The highest and best use of the property is not anticipated to be constrained by its proximity to any known active faults.
Environmental: No currently known hazards were reported to the appraiser or observed on site at the time of inspection; however, the appraiser is not an environmental expert. This appraisal is predicated on the assumption that the existence of hazardous material, which may or may not be present on or near the property, was not observed by the appraiser, unless otherwise stated. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of asbestos or other potentially hazardous materials may affect the value of the property. The value estimates herein are predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such condition, or for any expertise or knowledge required to discover them.
27 15
Utilities: City sewer and public water systems. Pacific Gas & Electric Company provides natural gas and electrical service to the subject and surrounding properties.
Zoning: Marin County, PF Public Facilities. The District is generally applied to existing public lands including Corporation Yards, the Town Hall, Police Departments, Libraries, public parking lots and public schools.
EASEMENT AREA MAP
28 16
HIGHEST AND BEST USE
Definition:
The term “highest and best use”, as used in this report, is defined as follows:
The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.
The four criteria the highest and best use must meet are:
1. physically possible,
2. legally permissible,
3. financially feasible,
4. maximally productive.
By physically possible, it is meant that such factors as topography, soil conditions, subsurface or surface water, land size or shape, or possibly even weather patterns must be considered as to the reasonableness of construction of any improvement. The consideration of whether a highest and best use may be legally permissible requires a review of such factors as zoning and General Plan or other specific plan restrictions, subdivision requirements, setbacks, parking and building coverage restrictions, easements, leases, operational restrictions such as rent controls, and building height limitations.
The consideration of appropriate support significantly narrows the selection of highest and best use for a particular property. While somewhat general in scope, the term suggests that, based on the conclusions formulated as a result of market analyses or other economic, investment, or feasibility studies, the subject property could be utilized in the manner being considered. Financial feasibility generally means that the appropriately supported use must meet the test for the production of positive economic returns, most typically through positive net operating income.
Two analyses are typically required for highest and best use. The first analysis is highest and best use of the property as improved. The second analysis is highest and best use of the land as though vacant. When a site contains improvements, the highest and best use may be determined to be different from the existing use. The highest and best use of a property as unimproved reflects the fact that land value is derived from potential land use. Land has limited value unless there is a present or anticipated use for it; the amount of value depends on the nature of the anticipated use of the land.
29 17
The relationship between the supply of, and demand for, land adaptable to a particular use is significant in determining the highest and best use. If a more profitable use must be delayed due to insufficient present demand, an interim use will continue until or unless the value of the land as if vacant plus the cost of demolishing the existing improvements, if any, exceeds the total value of the improved property at its current use.
In considering the highest and best use of the subject property as unimproved, I have reviewed applicable land use regulations, local and regional economic conditions and trends, physical and locational characteristics, availability of utilities, development potential, neighborhood characteristics, existing and allowed uses, and the potential for more profitable uses subject to reasonably probable land use permit approvals or other required jurisdictional approvals, or changes in zoning or General Plan designations. In this regard, a potential new use should be so reasonably likely that a typical buyer would fully account for such potential in the price paid for the property.
Also, it is important to assess and review existing market conditions for particular highest and best uses considered.
Market Conditions
Demand for multi-family residential development in the Marin County market is very strong due to a lack of new development and very strong employment markets located in the area. Supply and demand appear to be in equilibrium, which should result in strong market growth over the next years.
Highest and Best Use As Unimproved
The most reasonably probable, legally permissible, and physically possible use would be to assemble with the proposed multi-family development.
Highest and Best Use As Improved
The subject property is improved with older metal buildings. The highest and best use as improved is to demolish the structures and assemble the vacant land with the proposed development. 30 18
MARKETING TIME AND EXPOSURE PERIOD
Marketing time is defined as the most likely amount of time it would take to sell the subject property land if exposed on the open market, beginning on the date of valuation. Exposure time is defined as the length of time the subject property would have been exposed for sale in the market, had it sold at the market value concluded in this analysis, as of the date of this valuation.
The comparable transactions of single-family residences in the general market area of the subject property indicate marketing times (including escrow) ranging from two to three months. For the comparable transactions selected for use in the sales comparison approach to value, marketing times ranged from less than one month to over three months. Properties requiring an escrow longer than two months generally reflect certain problems or unique circumstances. Some escrows are prolonged because particular contingencies associated with the property being purchased.
The subject property is estimated to have an exposure and marketing time of one to three months.
Demand for vacant land is strong due to the demand for multi-family vacant land and the short supply.
31 19
APPRAISAL METHODOLOGY
In the appraisal of real estate, any one or all of the three traditional approaches to estimating value may be applied. These approaches are the cost, sales comparison, and income capitalization.
The cost approach is based on a concept that suggests the value of a property tends to be set by the cost of producing (constructing) a substitute property of equal utility. This idea relates directly to the economic principle of substitution. The value estimate is predicated on the cost of acquiring the vacant land plus the cost of constructing the improvements. Therefore, the validity of the cost approach depends on the availability of comparable land sales and data that allow accurate estimates of construction costs. The cost approach is especially applicable in the case of new construction, where the improvements represent the highest and best use of the land and depreciation is of little or no consequence. The cost approach is applicable to some institutional or special purpose properties, or in other cases where there are no comparable data to support either the sales comparison or income capitalization approach.
In the valuation of the subject property, the cost approach is not used for valuing vacant land.
The income capitalization approach is based on the premise that income-producing real estate is typically purchased as an investment. Thus, from an investor’ s point of view, the potential earning power of a property is the critical element affecting value. This concept is directly related to the economic principle of anticipation. This is particularly relevant for properties encumbered by longterm leases, and typically not those acquired for owner-occupancy.
Within the income capitalization approach there are two basic techniques that can be utilized to estimate market value. These techniques of valuation are direct capitalization and yield capitalization. Direct capitalization is a method used to convert an estimate of a single years net operating income into an indication of value in one direct step. This step is either by dividing the estimated net income (NOI) by a relevant market income rate (overall capitalization rate); or by multiplying the gross income estimate by a market derived factor such as a gross or net income multiplier. Yield capitalization is a method used to convert future benefits into a present value by discounting each future benefit at an appropriate market yield rate. A present worth analysis using a discounted cash flow may be a meaningful technique. The validity of the income capitalization approach depends upon the reasonable probability and/or accuracy of the anticipated income stream for a given property.
The income approach is not used for valuing vacant land.
The sales comparison approach is a procedure whereby the value of a property is estimated by evaluating the market for similar properties and comparing these to the subject. This approach is 32 20
based upon a concept that suggests the value of the property tends to be set by the cost of acquiring an equally desirable substitute property — i.e., the economic principle of substitution. The market value of a property is estimated by comparing the subject to like properties that have sold via “arm's length” agreements over a time period that reasonably reflects current market conditions. The analysis performed in this approach deals specifically with the differences that affect value, among properties and transactions. Some of these differences include the property rights appraised, the motivations of buyers and sellers, financing terms, market conditions at the time of sale, size, location, physical features and the income producing characteristics. The validity of the sales comparison approach depends on the existence of recent sales of properties which are reasonably similar to the subject.
For the subject property as vacant, comparable sales of vacant land similar to the subject was researched. This method is the most appropriate for valuing vacant land. 33 21
SALES COMPARISON APPROACH
The sales comparison approach is based on the comparison of the property appraised to sales of similar single-family residential properties located within the general market area of the subject.
Adjustments are made between each of these properties and the subject property for major points of difference to arrive at an indication of value for the subject property. Differences may include location, date of sale, interior renovations, view amenities and parking.
The following analysis includes comparable property sales applicable to the subject as unimpaired by the easement and as impaired by the easement. The following valuation scenarios apply to the property:
The selected transactions described on the following pages are compared to the subject on the basis of price paid residence and price paid per gross living area. To compare each selected comparable transaction with the subject property, the following characteristics are examined:
Adjustment Factors:
Property Rights Conveyed: Fee simple, leased fee, leasehold estate, etc.
Financing Terms: Favorable seller or buyer financing, assumption of below market mortgage.
Condition of Sale: Reflects additional motivation of sellers and buyers, REO or non-arm’slength transactions, and the like.
Market Conditions: Economic environment, supply and demand situation.
Time: Increase or decrease in value attributable to the difference between the date of sale and date of
valuation, based on estimated market trends.
Location: Accessibility and convenience, rural setting and views, surrounding uses, economic characteristics of the area.
Zoning / General Plan: Uses allowed, policies and standards set by permitting agencies, entitlements and restrictions, ease of permit processing.
Physical Characteristics: Physical aspects of the property such as size, shape, building envelope, access, on-sites (road, septic, well), 34 22
topography, site conditions. Because the unit of
comparability is price per lot, a downward adjustment
is made for a comparable with larger lot area than the
subject, and an upward adjustment for smaller lot area.
Each of the comparable sale transactions is provided on the table below.
Analysis of Market Data
The comparable sales represent vacant land to be developed with residential uses. They are all considered generally comparable to the subject.
Property Rights Conveyed
All of the sales represent the fee simple interest and no adjustment was made for property rights.
Financing Terms
Adjustments for financing terms are warranted when a property is purchased subject to non-market financing arrangements. Non-market financing can include seller-carried notes or assumable loans with interest rates below (or above) terms currently achievable. All sales utilized were either cash or cash equivalent, which may have included seller financed notes reported to be at market rates at the time of sale. No adjustments were required for financing.
Conditions of Sale
Adjustments for conditions of sale reflect the additional motivation of the seller(s) or buyer(s), such as assemblage, transactions not exposed to the market, or REO sales. Each of the property transfers included herein were "arms-length" transactions with no duress on the part of either the buyer or seller. No adjustments were made for condition of sale.
Date of Sale
Adjustments for date of sale are due to potential changes in market conditions with regard to the investment in similar properties. The sales range in date of occurrence in 2021 to 2022 and reflect current market conditions.
35 23
Location
Adjustments for location are necessary when the characteristics of the comparable properties are different than those of the subject. Attributes such as aesthetic quality of the surrounding area, the economic vitality of the neighborhood (including the proximity to competitors in the trade area), and issues relating to accessibility and visibility impact all forms of real estate to varying degrees.
All of the properties are located in similar Marin County markets and no adjustment was made for location.
Physical Characteristics
Adjustments for physical characteristics are necessary when these differences are reflected in the prices paid for comparable properties. Sale No. 1 is a sloping parcel which requires a septic system and should be adjusted upward. No adjustment was made for physical characteristics for the remaining sales.
Sale Sales Lot
Date Price SF $/SF Topography Services Zoning
Subject $344,000 9,800.40 $35.00 Level City PF
Value Services
Edgewood Avenue Aug-21 $235,000 25,264.80 $9.30 Sloping City water Residential Mill Valley septic
21 Chevy Chase Dec-21 $300,000 6,969.60 $43.04 Sloping City Residential Larkspur Services
1515 Fourth Street Nov-20 $4,000,000 38,546.00 $103.77 Level City Mixed Use San Rafael Services
1550 Lincoln Ave Sep-20 $370,000 11,531.00 $32.09 Level City Residential San Rafael Services
1580 Lincoln Ave Nov-20 $1,150,000 18,391.00 $62.53 Level City Residential San Rafael Services
RESIDENTIAL LOT SALES
MARIN COUNTY
36 24
Conclusion of Land Value Unimpaired
The comparable sales range from $9.30/sf to $103.77/sf, a wide range. Most of the sales range from $32.09/sf to $62.53/sf and provide a better indication of value for the subject. Based on these sales, I have selected a unit value within the middle of the range, or $35/sf. $35/sf x 9,800.4sf = $343,014
Rounded = $344,000
Estimate of Easement Interest
The appraiser has reviewed several publications on easement values. An article published in the Right of Way Journal by Donald Sherwood, SR/WA, MAI, describes different easement values in a metric system. The highest percentage of fee value would be an easement that results in severe impact to the surface use of the property while the lowest percentage of fee value would value would be an easement with nominal effects on the use and utility of the land. The middle percentage of fee representing a 50% interest would be a balanced use by both fee and easement owner. They affect the use of the land above grade but not below grade. Thus, a 50% of fee value would appear to be appropriate for the they appear to encumber the fee value evenly between the easement holder and fee landowner.
The value of the easement area is as follows:
$344,000 x 50% = $172,000
37 - 82 -
DANA W. BURWELL, MAI, ASA
P0 Box 115
Healdsburg, California 95448
(707) 433-7490
(707) 395-4105 Fax
e-mail:[email protected]
I am a member of the Appraisal Institute with a MAI designation and a member of the American Society of Appraisers with an ASA designation. In addition, I am a member of the IRWA with a R/W –AC appraisal certificate. I am licensed by the State of California with a general appraisal certification (AG 003696).
EXPERIENCE
Over 25-years’ experience valuing a wide range of commercial and Ag related real estate in the greater Northern California area.
APPRAISAL OF FEE, LEASED FEE, AND EASEMENT INTERESTS
Review work for major banks and governmental entities,
Valuation of office, industrial, retail and subdivision properties, Special purposes properties such as FBO, fitness centers, day care facilities, SNF, RCF, Valuation of wineries, vineyards and Ag properties,
Appraisal of easements, partial takings and damages to the remainder, Valuation of Conservation and Forever Wild Easements,
Experience in Federal Government (Yellow Book) appraisals for BLM and other agencies
LITIGATION SUPPORT
Have qualified as an expert witness performing testimony in court. In addition, have undergone numerous depositions and provided private consultation services to attorneys and clients.
EDUCATION
BA. San Francisco State University, Business with concentration in Real Estate M.B.A. San Francisco State University, Corporate Finance
APPRAISAL ORGANIZATIONS
ASA: Member of Board of Directors of the Northern California Chapter of the American Society of Appraisers 2000-2003 and 2019-2021
AI: Board of Directors of the NorCal Chapter of the Appraisal Institute 2000-2003 38 -!o
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39 Item #: 1.1
STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.1
MEETING DATE: September 12, 2023
AGENDA TITLE: Approval of the Draft Minutes of the Regular Town Council Meeting of August 22, 2023
FROM: Serge Avila, Chief Town Clerk
RECOMMENDATION: For Council to consider the approval of the Draft Minutes of the Regular Town Council meeting of August 22, 2023.
ATTACHMENT:
Attachment 1- August 22, 2023 Draft Minutes
40 1
San Anselmo Council Draft Minutes
Regular Meeting
Town Council Chambers and via teleconference
Tuesday, August 22, 2023
Interviews for the Open Space Committee, Climate Action Commission, and Racial Equity Committee- 6:00 p.m.
Councilmember Alexis Fineman, Tarrell Kullaway and Steve Burdo, Mayor interviewed six candidates:
6:00 PM Oriana Bleecher Snyder Open Space Committee
6:10 PM Robin Beers Racial Equity Committee
6:20 PM Bridget Clark Climate Action Commission
6:30 PM Diana Black Kennedy Racial Equity Committee
6:40 PM Mary Nahorniak Racial Equity Committee
6:50 PM Nuria Montalvo Climate Action Commission
Mayor Burdo Call to Order: Optional Pledge of Allegiance COUNCILMEMBERS PRESENT: Steve Burdo, Mayor
Alexis Fineman
Tarrell Kullaway
COUNCILMEMBERS ABSENT: Eileen Burke, Vice Mayor
Brian Colbert
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Megan Acevedo, Town Attorney
Serge Avila, Town Clerk
Sean Condry, Public Works Director
Heidi Scoble, Planning Director
Sean Youra, Climate Action Coordinator
Dannielle Mauk, Recreation Director
Open Time for Public Expression
Ms. Rosanne DalBello had a question about the status of the ramp on the Alderney Stairs. She heard they were installed on a temporary basis.
Mr. Guy Myers, Tamalpais Avenue, discussed climate action issues, the Reimagine Plan, the expansion of concrete, and providing more housing.
A resident thanked the Town of San Anselmo and the Arts Commission for the tribute to Peter Penhollow.
Mr. Jim Burnett discussed ways to improve our relationship with the environment through the Tree Ordinance.
Ms. Susan Saunders encouraged anyone to join the Climate Action Commission- they enjoy all viewpoints. She discussed the ways the Planning and Building Departments are fighting climate change.
41 2
Ms. Lucy Martican, Sleepy Hollow, stated she is an intern with 350 Marin. She urged everyone to purchase an electric vehicle.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Councilmember Fineman reported she attended the Marin Wildfire Protection Authority (MWPA) meeting; and discussed the historic ruling last Monday in Montana regarding the Constitutional right to a Healthy and Safe Environment with a “shout out” to Town Attorney Acevedo who is the Secretary of the Board of Directors for Our Children’s Trust; she referred to the Alderney Steps and asked if a railing could be installed on both sides; the Tree Ordinance Subcommittee turned over its research to Town staff; the Climate Action Intern is doing research on electrification.
Public Works Director Condry stated staff is looking at moving the temporary ramp on the Alderney Steps to the other side and add a railing if needed.
Councilmember Kullaway reported she attended the Marin Clean Energy (MCE) meeting.
Mayor Burdo reported he attended the unveiling of the Cedars Art Installation; the BBQ at Tam House; a Local Agency Formation Commission (LAFCO) meeting; On the Avenue has been “en fuego”; the parent group meeting will be in September or October; displayed the post card being sent to all residents about the Residential Rental Policies; asked staff for an update on the Redwood Road invoices/payment issue.
Public Works Condry stated staff is collecting checks and has not revised anything. Staff will be bringing this issue to the Council.
Town Manager Donery stated residents should be receiving postcards tomorrow or the next day. He thanked outgoing Climate Action Fellow, Paul Wang, for his good work. Mr. Wang stated it was a pleasure to have worked for the Town of San Anselmo.
Special Presentation
Mayor’s Proclamation Recognizing Rohana McLaughlin for Outstanding Community Service.
Ms. McLaughlin thanked the Council and others for their volunteer work in the Memorial Park.
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- July 25, 2023
1.2 Adopt Ordinance of the Town of San Anselmo Repealing Title 10 Chapter 20, Objective Design Standards for Residential Development, and Replacing with a New Chapter 20, Objective Design and Development Standards and the Objective Design and Development Standards Zoning Map, including Associated Amendments to Section 10-3.1702, Definitions, and related CEQA Exemption Findings
1.3 Receive and Acknowledge the Report of Checks Issued, July 2023
1.4 Receive and Approve the Revenue and Expenditure Reports for the month of July 2023
1.5 Approval of Resolution Establishing the Fiscal Year 2023/24 Appropriations Limit 42 3
1.6 Adopt an Ordinance to Amend Title 10 (Planning and Zoning) of the San Anselmo Municipal Code Text Amendments and Zoning Maps and Make Associated CEQA Findings
1.7 Approval of Resolution Revising a Statement of Investment Policy for Fiscal Year 2023/24
1.8 Consider to Approve a Proclamation Recognizing George Lucas for his Outstanding Citizenship
1.9 Consider to Approve a Special Event Application- Goblins’ BOOtacular
1.10 Consider to Approve a Special Event Application- Three Gents Theatre Company’s Twelfth Night
Mayor Burdo opened the meeting to public comments.
Jim referred to item #1.6 and stated 5 West Hillside Avenue is on a private road with questionable access. He asked the Council to reconsider 5 West Hillside Avenue.
Jan, West Hillside Avenue, stated she received no notification about the change in zoning. She asked the Council to look at the 5 West Hillside Avenue site more closely and realistically.
Wendy, West Hillside Avenue, stated there is an abundance of wildlife and a thriving ecosystem behind the Miracle Mile. All the hillsides should be protected.
Mayor Burdo closed the meeting to public comments.
M/s, Kullaway/Fineman, Motion to approve the Consent Calendar.
AYES: Fineman, Kullaway, Mayor Burdo
ABSENT: Colbert, Vice Mayor Burke
2. Public Hearings
There were no Public Hearings.
3. Council Business Items
3.1 Memorial Park Athletic Field Renovation Project
Public Works Director Condry presented the staff report. Staff answered questions from the Council regarding whether there are electric aerators; what has changed over the last ten years; how to monitor the use of well water; and what has been budgeted for Field Maintenance.
Mr. Brian Ness, turf expert, stated this field is in a constant state of recovery due to its high use.
It will never be perfect. He discussed some of the long-term solutions including the purchase of some new equipment.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
Councilmember Fineman stated she is a strong believer in providing some community green space instead of having “little grass rectangle” in everyone’s backyard. 43 4
Mayor Burdo stated most of the concern has to do with the browning of the grass. He is certain that staff will take care of this problem. He asked staff to continue to monitor water use and report back.
M/s, Kullaway/Fineman, Motion to accept the Memorial Park Athletic Field Renovation Project and authorize staff to file a Notice of Completion for Memorial Park.
AYES: Fineman, Kullaway, Mayor Burdo
ABSENT: Colbert, Vice Mayor Burke
3.2 Memorial Park Parking Lot Renovation Project contract award Public Works Director Condry presented the staff report and a PowerPoint presentation. Staff answered questions from the Council regarding whether the runoff would run into the creek due to less bio-retention; if large changes to the project would come to the Council; whether they should send out another bid in January.
Mayor Burdo opened the meeting to public comments.
Steve had questions about the timing of the project.
Mayor Burdo closed the meeting to public comments.
Councilmember Fineman stated she likes the project as conceived and presented.
Mayor Burdo stated the parking lot is in a state of disrepair.
M/s, Fineman/Kullaway, Motion to accept the Memorial Park Parking Lot Renovation Project contract award
AYES: Fineman, Kullaway, Mayor Burdo
ABSENT: Colbert, Vice Mayor Burke
3.3 Introduce an Ordinance Amending the Town’s Green Building Regulations.
Climate Action Coordinator Youra presented the staff report and a PowerPoint presentation.
Public Works Director Condry discussed staff-recommended changes to the ordinance. Staff answered questions from the Council regarding the cost of a conductor; when changes can be made to an ordinance; differentiating between existing and new solar PVs; the threshold for the number of long-term bike parking spaces for multi-family residences.
Mayor Burdo opened the meeting to public comments.
Ms. Sue Saunders, Ms. Kathleen Gundry, Lucy, and Michael supported the ordinance.
Mayor Burdo closed the meeting to public comments.
Councilmember Fineman supported the ordinance and the amendments discussed.
Councilmember Kullaway wanted to change the requirement for long-term bike parking in multifamily residences to one per unit.
Mayor Burdo thanked staff for the great work and the community for wanting to embrace these policies.
44 5
M/s, Kullaway/Fineman, Motion to Introduce by title only and waive further reading 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 Buildings Standards Code to Reflect Local Conditions with the amendments discussed tonight.
AYES: Fineman, Kullaway, Mayor Burdo
ABSENT: Colbert, Vice Mayor Burke
4. Closed Session
4.1 Mayor Burdo announced that item 4.2 will be discussed in Closed Session
4.2 Conference with Legal Counsel- Existing Litigation
Government Code Section 54956.9(a)
Name of Case: George W. Lucas Jr. as Trustee of the GWL Living Trust v. All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Compliant Adverse to Plaintiff’s Title, et seq. (Marin County Superior Court No 2301412) Quiet Title Action
4.3 Public Comment on Closed Session Items
There were no comments.
4.4 Council adjourns to Closed Session
Council reconvened in the Council Chambers and Mayor Burdo reported the Council voted unanimously to authorize the Town Attorney to file a disclaimer of interest in this case. The decision is based on the Town’s finding that it has no interest in the subject property nor is there any potential public use that could be made of the property.
Mayor Burdo adjourned the meeting at 8:59 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary
45 Item #: 1.2
STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.2
MEETING DATE: September 12, 2023
AGENDA TITLE: Design Contract for the 2024 Street Resurfacing Project
FROM: Public Works
RECOMMENDATION: That the Town Council authorize the Town Manager to execute a Professional Services Agreement with Siegfried Engineering for the design of the 2024 Street Resurfacing Project in an amount not to exceed $186,000.
BACKGROUND
As part of the 2019 Capital Improvement Program approved by the Town Council, local streets are selected for pavement resurfacing to address the town’s pavement management and improve the overall pavement condition in town.
DISCUSSION/ANALYSIS
Based on a submission for a Request for Qualifications in 2019, Siegfried was selected to design the 2021 Street Resurfacing Phase B project. Upon successful completion of the design, Siegfried was asked to submit a cost proposal for the 2022 Street Resurfacing Project, and later, the 2023 project, which they successfully completed earlier this year. Based on demonstrated competence on previous projects and on the professional qualifications necessary for the satisfactory performance of the service required, staff requested they submit a cost proposal for the 2024 Street Resurfacing Project.
The proposed list of streets to be included in the project was based on projected funding available and a rough estimate of cost for each street based on previous unit costs.
Siegfried Engineering has submitted its scope of work and cost proposal (Attachment 1) that includes the required tasks to complete the design and construction drawings and it is within the available funding. Staff recommend authorizing the Town Manager to 46 Item #: 1.2
execute a professional services agreement with Siegfried based on the scope of work and cost proposal.
The design work is expected to take six to eight months. The completed design will be brought back to the Town Council for their approval in spring 2024 for summer 2024 construction.
The 2024 Street Resurfacing Project consists of the following street segments:
Kensington Road – Bolinas Ave to Austin Ave
Mariposa Ave – Kensington Road to Richmond Road
Spring Grove Avenue – Greenfield Ave to 160 Spring Grove Ave Woodside Drive – Idlewood Drive to Oak Springs Drive
Oak Springs Drive – Woodside Drive to 156 Oak Springs Drive Los Angeles Blvd – Monterey Ave South to Town Limit
Monterey Ave – Los Angeles Blvd South to Los Angeles Blvd North Monterey Terrace – Monterey Ave to end
FISCAL IMPACT
The professional services agreement will be drafted for a not-to-exceed cost of $186,000. Funding is available from the Road Maintenance Fund and Measure J, and is included in the 2023-2024 Town Budget and Work Plan.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
This project design is exempt from the California Environmental Quality Act (CEQA) under a Class 6 categorical exemption, because the scope of work consists of data gathering, analysis and preparation of plans and specifications for a project. No construction or alteration will be undertaken. (14 Cal. Code Regs. § 15306). When the plans and specifications are finalized and ready for bidding and construction, a CEQA analysis will be undertaken at that time.
The project design will propose street and sidewalk improvements that will address San Anselmo’s Climate Action Plan 2030, specifically CAP Measures T-2 (biking) and T-3 (walking).
ATTACHMENTS
Attachment 1- Siegfried Engineering Scope and Cost Proposal 47 STOCKTON SAN JOSE SACRAMENTO MODESTO
3428 Brookside Rd. 111 N. Market St., #300 900 Howe Ave., #200 101 Sycamore Ave, #100 Stockton, CA 95219 San Jose, CA 95113 Sacramento, CA 95825 Modesto, CA 95354 t: 209.943.2021 t: 408.754.2021 t: 916.520.2777 t: 209.762.3580 F:\23projects\23156 San Anselmo Pavement Rehab 2024 Project\Working Documents\Contracts and Proposals\23156 Town of San Anselmo Pavement Rehab 2024 Project Scope & Fee Ver 2.docx
PAGE - 1 -
June 30, 2023
Scott Schneider, P.E.
Town of San Anselmo
525 San Anselmo Avenue
San Anselmo, CA 94960
RE: TSA 2023 STREET REHABILITATION PROJECT
SAN ANSELMO, CALIFORNIA
PROPOSAL FOR PROFESSIONAL DESIGN SERVICES
Dear Scott;
We appreciate the opportunity to propose our services to you for this project.
I. PROJECT DESCRIPTION AND ASSUMPTIONS
The Town of San Anselmo will rehabilitate seven road segments as provided in the table below:
Road From To PCI SF
Kensington Road Seminary Road N Austin Ave 20 2,970
Kensington Road Seminary Road S Seminary Road N 21 16,352 Kensington Road Bolinas Ave Seminary Road S 18 9,307
Mariposa Ave Kensington Road Jones Ave 10 15,120
Mariposa Ave Jones Ave Richmond Rd 40 7,317
Spring Grove Ave Greenfield Ave Hillside Ave 13 4,725
Spring Grove Ave Hillside Ave 160 Spring Grove Ave Not provided 20,175 Woodside Dr Oak Springs Dr Woodside Ct 14 24,456
Woodside Dr Woodside Ct Lillian Ct 17 28,680
Woodside Dr Lillian Ct Idlewood Dr 20 5,975
Oak Springs Dr 1173’ N/O Theresa Dr 1719 N/O Theresa Dr 44 13,200 Oak Springs Dr 1719’ N/O Theresa Dr Woodside Dr 49 13,320 Los Angeles Blvd Monterey Ave S Santa Cruz Ave 59 4,004 Los Angeles Blvd Santa Cruz Ave Monterey Ave N 47 11,536 Los Angeles Blvd Monterey Ave N Town Limit 49 9,660
Monterey Ave Los Angeles Blvd S Monterey Terrace 66 13,760 Monterey Terrace Monterey Ave End 42 4,980
Monterey Ave Monterey Terrace Los Angeles Blvd N 67 9,000 The Town provided Pavement Condition Index (PCI) of the road segments range from 10 to 67. The segments of roadways range from about 70 lineal feet to 1,600 lineal feet, totaling about 1.8 miles of roadway. The roads appear to be located in residential areas and light commercial areas.
48 STOCKTON SAN JOSE SACRAMENTO MODESTO
3428 Brookside Rd. 111 N. Market St., #300 900 Howe Ave., #200 101 Sycamore Ave, #100 Stockton, CA 95219 San Jose, CA 95113 Sacramento, CA 95825 Modesto, CA 95354 t: 209.943.2021 t: 408.754.2021 t: 916.520.2777 t: 209.762.3580 F:\23projects\23156 San Anselmo Pavement Rehab 2024 Project\Working Documents\Contracts and Proposals\23156 Town of San Anselmo Pavement Rehab 2024 Project Scope & Fee Ver 2.docx
PAGE - 2 -
II. SCOPE OF WORK
Task 1 – Topographic Survey
1. Prepare a limited topographic survey of the approximate limits shown in attached Exhibits. The survey will be in sufficient detail for use by Siegfried in developing plans.
2. The following features will be located and mapped, at a minimum for the pavement rehabilitation locations:
a. Lip of gutter lines.
b. Crown of roadway.
c. Edge of pavement.
d. Shots will generally be at 50’ station spacing along the roadways, and at grade breaks, beginning, middle and ends of horizontal curves, including side street curb returns. (Essentially a cross section of the impacted area)
e. Manholes and Clean outs
f. Utility boxes/vaults/etc.
3. Field measurements will be accomplished with D-GPS where practicable, and with conventional robotic total stations where overhead obstructions preventing sufficient GPS reception may exist.
4. Office preparation and mapping of the surveyed features utilizing AutoCAD Civil 3D.
5. Mapping will be based on the California Coordinate System, NAD83, NAVD88 datum.
6. Underground utility lines will be mapped as a part of this scope of work, record information and surface utility shots will be used to map the utilities to the best of our ability.
CONDITIONS TO THE SCOPE:
1. Client shall provide full access to property.
2. Client to provide as-builts.
3. Work is to be conducted during regular business hours, Monday-Friday, with no limitations to those hours.
Task 2 – Meeting & Coordination
1. Attend meeting(s) with the Town engineer to coordinate the project related items.
2. Coordinate with the Town engineer to represent and depict the street rehabilitation areas. Project areas are depicted in attached Exhibits.
Task 3 – Plans, Specifications and Cost Estimate
1. Prepare the project plans and cost estimate for the project areas depicted in attached Exhibits.
2. Assist the Town with the project specifications.
It is understood that the following are not included in the Scope:
a. hazardous waste testing, monitoring and contingency plan for both site and building demolition work,
b. Phase I Environmental Assessment, Phase II Subsurface Investigation, and asbestos and lead containing material investigation and report,
49 STOCKTON SAN JOSE SACRAMENTO MODESTO
3428 Brookside Rd. 111 N. Market St., #300 900 Howe Ave., #200 101 Sycamore Ave, #100 Stockton, CA 95219 San Jose, CA 95113 Sacramento, CA 95825 Modesto, CA 95354 t: 209.943.2021 t: 408.754.2021 t: 916.520.2777 t: 209.762.3580 F:\23projects\23156 San Anselmo Pavement Rehab 2024 Project\Working Documents\Contracts and Proposals\23156 Town of San Anselmo Pavement Rehab 2024 Project Scope & Fee Ver 2.docx
PAGE - 3 -
c. record of survey or corner records,
d. survey of exploration locations,
e. geotechnical report, analytical sampling and testing, f. earthwork testing and observations,
g. materials testing and special inspections,
h. infiltration testing,
i. construction administration services,
j. environmental impact report,
k. CEQA/NEPA/EIR
l. potholing to determine location and/or elevation of underground utilities, m. permit applications and fees,
n. construction management, inspection, supervision and scheduling, o. gas, electric and telephone service plans,
p. design of any structural elements,
q. record survey maps, tentative maps, parcel maps, final maps and legal descriptions and sketches,
r. boundary surveys,
s. ALTA Survey,
t. SWPPP, QSD & QSP services,
u. construction staking, and
v. reimbursable expenses.
III. FEE PROPOSAL
Task Fee
Task 1 Topographic Survey $59,000.00
Task 2 Meeting & Coordination $7,000.00
Task 3 Plans, Specifications & Cost Estimate $120,000.00 Total Fee $186,000.00
We look forward to continuing our work with you and the team. If you have any questions regarding this proposal, please do not hesitate to call me directly.
_________________________________
SIEGFRIED
Adam K. Merrill, PE, QSD/QSP
Civil Engineer
Vice President, Principal
50 51
STAFF REPORT
TOWN OF SAN ANSELMO Item #:1.3
MEETING DATE: September 12, 2023
AGENDA TITLE: Response to 2023 Grand Jury Report Entitled Build More ADUs – An Rx to Increase Marin’s Housing
Supply
FROM: Heidi Scoble, Planning Director
Lindsey Klein, Senior Planner
RECOMMENDATION: Approve and authorize the Mayor to sign the attached response to the Marin County Grand Civil Jury Report entitled Build More ADUs – An Rx to Increase Marin’s Housing Supply.
BACKGROUND/DISCUSSION
On June 15, 2023, the Marin County Civil Grand Jury issued a Report entitled Build More ADUs – An Rx to Increase Marin’s Housing Supply. The Report identifies the use of Accessory Dwelling Units (ADUs) as one solution to achieve statewide and local housing goals and lists ten Findings (F1-F10) and six Recommendations (R1-R6) for consideration of a collaborative countywide approach to ADU development in Marin.
The Town’s response letter to the Grand Jury is included as Attachment 1 and the Grand Jury Report is included as Attachment 2.
FISCAL IMPACT
There is no direct fiscal impact associated with responding to the Grand Jury Report.
GENERAL PLAN CONSISTENCY
None
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Council’s consideration and approval 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).
Although the response to the Grand Jury’s Report on ADUs is not generally applicable to the Town’s Climate Action Plan, any new ADUs that are constructed would need to demonstrate conformance with the Town’s Climate Action Plan, including but not limited
Item #: 1.3 52
Item #: 1.3
to green building, electrification, waste reduction, and/or any other policies or requirements to further the reduction of greenhouse gases.
ATTACHMENTS
Attachment 1- Draft Response to the Marin County Civil Grand Jury Report Attachment 2- Marin County Civil Grand Jury Report: Build More ADUs – An Rx to Increase Marin’s Housing Supply
53 525 San Anselmo Avenue, San Anselmo, C A 94960
(415) 258-4600 | www.townofsananselmo.org
Steve Burdo
Mayor
Eileen Burke
Vice Mayor
Brian Colbert
Council Member
Alexis Fineman
Council Member
Tarrell Kullaway
Council Member
September 13, 2023
The Honorable Judge James Chou
Maring County Superior Court
P.O. Box 4988
San Rafael, CA 94913-4988
Pat Shepherd, Foreperson
Marin County Civil Grand Jury
3501 Civic Cener Drive, Suite 275
San Rafael, CA 94903
Subject: Town of San Anselmo Response to Grand Jury Report “Build More ADUs- An Rx to Increase Marin’s Housing Supply”
Dear Honorable Judge Chou and Foreperson Shepherd,
At its regular meeting on September 12, 2023, the Town Council reviewed the report “Build More ADUs- An Rx to Increase the Marin’s Housing Supply” dated June 15, 2023. The report calls for a response from the Town of San Anselmo to findings 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 (F1, F2, F3, F4, F5, F6, F7, F8, F9, and F10) and recommendations 1, 2, 3, 4, 5, and 6 (R1, R2, R3, R4, R5, and R6).
Please see the enclosed response from the Town.
Should the members of the Grand Jury require any additional information, please contact Town Manager Dave Donery at 415-258-4691 or via email at:
[email protected].
Sincerely,
Steve Burdo
Mayor, Town of San Anselmo
Enclosure
CC: Dave Donery, Town Manager
Item 1.3- Attachment 1 Item 1.3- Attachment 1
54 RESPONSE TO GRAND JURY REPORT FINDINGS AND
RECOMMENDATIONS
REPORT TITLE: “Build More ADUs – An Rx to Increase Marin’s Housing Supply”
REPORT DATE: June 15, 2023
RESPONSE BY: Town of San Anselmo, Mayor Steve Burdo
FINDINGS
▪ I (we) agree with the findings numbered: F1, F4, F5, F6 and F10 ▪ I (we) disagree partially with the findings numbered: F2, F3, F7, F8, and F9 ▪ I (we) disagree wholly with the findings numbered: N/A (Attach a statement specifying any portions of the findings that are disputed; include an explanation of the reasons therefor.)
GRAND JURY RECOMMENDATIONS
Recommendation number R4 has been implemented.
Recommendation number R3 has not been implemented but will be implemented int the future.
Recommendation number R6 requires further analysis.
Recommendation numbered R1, R2, and R5 will not be implemented because it is not warranted or reasonable.
Date: _____________________ Signed: __________________________ Steve Burdo, Mayor
Town of San Anselmo
Number of pages attached: 5 pages
Item 1.3- Attachment 1 Item 1.3- Attachment 1
55 County of Marin Response to Grand Jury Report Findings and Recommendations Build More ADUs – An Rx to Increase Marin’s Housing Supply (June 15, 2023) County of Marin Response to Grand Jury Findings and Recommendations Page 2 of 6
RESPONSE TO GRAND JURY FINDINGS
F1. More housing in Marin is needed and ADUs are one solution.
Response: Agree.
F2. Many homeowners lack information and knowledge about ADU development, and Marin’s jurisdictions are not always helpful to homeowners seeking information about ADU development.
Response: Partially Disagree.
The statement that “Marin’s jurisdictions are not always helpful to homeowners seeking information about ADU development” is not an accurate reflection of the service the Town of San Anselmo staff provide homeowners inquiring about ADUs, although sometimes information is technical and may be difficult for homeowners to understand.
The Town of San Anselmo Building and Planning staff are available to meet with homeowners in person, on the phone, or via Zoom to provide information and respond to questions about ADU development. The Town’s Planning Webpage also has a dedicated webpage regarding ADUs. A direct link to the webpage can be accessed here. There is also additional support through the ADUMarin.org website, which was launched in fall 2020 to provide online resources and educational information on financing, planning for, constructing and renting out ADUs. The website also provides ADU regulations for each city and town in Marin County, providing one access point for information on ADUs.
The Town has and continues to inform and facilitate the development of ADUs. In fact, the Town had approved 12 building permits for ADUs in 2020, 43 in 2021, 32 in 2022, and 10 permits in 2023 with 12 permits pending.
F3. It is often difficult, if not impossible, for a Marin homeowner to determine the planning, building, connection, capacity, and impact fees associated with developing an ADU in a particular jurisdiction.
Response: Partially Disagree.
While it can be difficult to obtain information about fees because of the lack of uniformity of varying agency websites, the Town disagrees with the use of the word “impossible” as each jurisdiction provides its respective fee schedules available to the public on their respective agency websites. The Town of San Anselmo’s current fee schedule is available on the Town’s website and easily accessible through a search on the Town’s website or an internet search, such as “San Anselmo Fee Schedule”.
The Town’s fee schedule includes information on various fees for a variety of departments including Finance and Administration, Public Works, Library, Building, Item 1.3- Attachment 1 Item 1.3- Attachment 1
56 County of Marin Response to Grand Jury Report Findings and Recommendations Build More ADUs – An Rx to Increase Marin’s Housing Supply (June 15, 2023) County of Marin Response to Grand Jury Findings and Recommendations Page 3 of 6 and Planning fees. The Town’s fee schedule does not include the Marin Municipal Water District Connection fees, the Ross Valley Sanitary Connection Fees and the school district fees. Additionally, the Town staff is available to provide estimates of the various fees through its digital permit tracking system when provided information regarding the size and improvements. The Town staff is also available to meet with homeowners in person or answer questions over the phone or via email. Lastly, the Town staff acknowledges that a homeowner typically cannot determine all ADU fees independently without consulting with Town staff and other agencies.
F4. Many Bay Area cities and counties, for example Napa and Sonoma, have implemented comprehensive websites and related support to help homeowners create ADUs.
Response: Agree.
F5. ADUs may be rented affordably and provide additional benefits for older adults and their caregivers.
Response: Agree.
F6. Most Marin jurisdictions could provide better resources offering or identifying financing incentives for ADU development.
Response: Agree.
F7. Impact, connection, and capacity fees vary considerably throughout the County and such fees can be a disincentive to homeowners considering ADU development.
Response: Partially Disagree.
State law prohibits cities and special districts from charging impact fees for ADUs that are less than 750 square feet per state law. All Town staff involved in permitting ADUs are aware of this restriction. Connection and capacity fees vary by jurisdiction and/or utility district.
F8. Not every jurisdiction in Marin has updated its planning and building code policies to confirm with current California ADU laws.
Response: Partially Disagree.
It is possible that not every jurisdiction in Marin has updated its planning and building policies; however, state law supersedes local ordinances, so that even if the local ordinance has not been updated, the State law is in effect. That stated, the Town of San Anselmo Town Council adopted Ordinance No. 1172 on December 13, 2022, to comply with all current state laws.
Item 1.3- Attachment 1 Item 1.3- Attachment 1
57 County of Marin Response to Grand Jury Report Findings and Recommendations Build More ADUs – An Rx to Increase Marin’s Housing Supply (June 15, 2023) County of Marin Response to Grand Jury Findings and Recommendations Page 4 of 6 F9. Granting amnesty, following safety inspection, to existing non-conforming second units could help Marin meet its housing obligations.
Response: Partially Disagree.
The County and other cities and towns previously included amnesty programs to encourage legalization of existing unpermitted ADUs by providing relaxed standards.
However, given the permissiveness and flexibility of state law, granting amnesty may not be necessary as barriers are not related to planning and building requirements (see the response to Grand Jury recommendation R2). In fact, the Town’s Planning and Building departments continue to ministerially approve the legalization of unpermitted ADUs through the building permit process. It is important to note that while amnesty for legalization of existing units could address health and safety issues with existing housing, it may not directly create new housing as many of the unpermitted ADUs are currently being rented.
F10. ADU Marin and HelloADU are a good start. However, compared to several other Bay Area cities and counties, for example Napa and Sonoma, they could be substantially enhanced and expanded.
Response: Agree.
RESPONSE TO GRAND JURY RECOMMENDATIONS
The Marin County Civil Grand Jury recommends the following:
R1. On or before December 31, 2023, the Marin County Board of Supervisors should direct the Community Development Agency’s Development Priority Setting Committee to:
1. Identify available funding/financing information for residents who need help with the cost of building an ADU.
2. Transmit the collected information to all the jurisdictions represented on the committee.
3. Start a continuous monitoring program to update the information to sources as they become available.
This recommendation is nonapplicable as the recommendation is aimed directly at the Marin County Community Development Agency’s Development Priority Setting Committee. Furthermore, the Town has been informed by the County that they believe that this recommendation requires further analysis because the “Development Priority Setting Committee” does not currently exist in the Community Development Agency. The County has indicated that once that committee is identified, they will need additional time to respond to this item.
Item 1.3- Attachment 1 Item 1.3- Attachment 1
58 County of Marin Response to Grand Jury Report Findings and Recommendations Build More ADUs – An Rx to Increase Marin’s Housing Supply (June 15, 2023) County of Marin Response to Grand Jury Findings and Recommendations Page 5 of 6 R2. By December 1, 2023, begin investigation to consider an amnesty program to legalize existing unpermitted second units. Add a marketing communications plan so that citizens are made aware of it.
This recommendation will not be implemented because it is not warranted or is not reasonable. Amnesty programs typically waive existing violations of a zoning code, such as setbacks, height, size, and lot coverage that have been identified as barriers to development. The ADU state laws, notably Assembly Bill (AB) 670, have relaxed many of the development standards noted above. As such, violations of a zoning code are generally not a factor in permitting existing, unpermitted accessory dwelling units.
In most cases, the limiting factor is costs to bring the unit up to building and fire codes and an amnesty program would not alleviate this constraint. Nonetheless, the Town will begin to conduct research regarding other amnesty programs for ADUs that may have been implemented in other jurisdictions by December 1, 2023.
R3. By December 1, 2023, begin the process of merging and/or collaborating with Napa/Sonoma ADU, and hiring a full-time Marin ADU Program Coordinator. The program coordinator should work with all jurisdictions on the development of ADUs and identify impact and connection fees with each jurisdiction.
This recommendation has not yet been implemented. It is anticipated that it will be implemented by January 2024. The cities and towns and Marin County have been communicating with Napa/Sonoma ADU Center over the last several months through the Marin County Housing Collaborative Group, the Housing Work Group (HWG). The HWG is comprised of Planning Directors and staff from the County and all cities and towns in Marin. The County is leading a conversation with the Marin Community Foundation to help fund this effort. It is anticipated that a recommendation for funding and strategy for the merger and the staffing of a program coordinator will be proposed by January 2024.
R4. By December 1, 2023, begin a feasibility assessment of waiving or significantly lowering impact and connection fees for units smaller than 750 square feet.
This recommendation has already been implemented. Consistent with State law, the Town of San Anselmo does not charge any impact fees on ADUs under 750 square feet. The Town waives impact fees (i.e., Street Impact fee) for ADUs that are under 750 square feet. The Town has no jurisdiction over any impact fees that districts charge.
R5. By December 1, 2023, begin creating plans to accelerate the permit approval process for ADU applications within 30 days, or less, of submission. Implement such plans no later than July 1, 2024.
This recommendation will not be implemented because it is not warranted or is not reasonable. State law requires that a local agency approve or deny an ADU permit within 60 days. Most applications for ADUs are only required to obtain a building Item 1.3- Attachment 1 Item 1.3- Attachment 1
59 County of Marin Response to Grand Jury Report Findings and Recommendations Build More ADUs – An Rx to Increase Marin’s Housing Supply (June 15, 2023) County of Marin Response to Grand Jury Findings and Recommendations Page 6 of 6 permit. Building permit review typically takes approximately 60 days from when an application is received. Because this review includes multiple agencies, reducing review to within 30 days is not feasible. However, much of the delay currently is due to incomplete applications or delayed resubmittal from the applicant. Increased technical assistance for applicants, such as through a merger with Napa/Sonoma ADU or other mechanism, means a greater likelihood of complete applications thereby expediting the review process.
R6. By December 1, 2023, begin feasibility assessments of new incentives for ADU development, such as pre-approved plans, technical assistance, property tax relief, development fee waivers, and forgivable loans; implement at least one such incentive no later than July 1, 2024.
This recommendation requires further analysis. A number of these incentives could be accomplished through a merger with the Napa/Sonoma ADU Center, including preapproved plans, technical assistance and exploring loans and other financial incentives. However, property tax relief would require State legislation and implementation will take longer than July 1, 2024.
Item 1.3- Attachment 1 Item 1.3- Attachment 1
60 2022-2023 Marin County Civil Grand Jury
Build More ADUs - An Rx to Increase
Marin’s Housing Supply
June 15, 2023
SUMMARY
As a result of California’s new state mandated Housing Element, Marin County and all its municipalities are obligated to build 14,210 new housing units by 2031.1 Accessory Dwelling Units (ADUs) can help fill that need.
Marin County’s housing production is not keeping pace with demand. The lack of housing supply to meet people’s needs impacts affordability and causes average housing costs, particularly for renters in Marin, to rise significantly. As affordable housing becomes less accessible, people drive longer distances between homes they can afford and their workplace, or pack themselves into smaller shared spaces, both of which reduce quality of life and produce negative environmental impacts.
By permission of George Russell/Marin Independent Journal * Note: The law does not require a lot split to build an ADU One approach that could help achieve these housing goals is based upon a recognition that many property owners and residents reside on land on which they could build additional or secondary housing units. These second units, variously called granny flats, in-law units, garage houses, and under state law “Accessory Dwelling Units” (ADUs) and “Junior Accessory Dwelling Units" (JADUs) have become an increasingly popular form of housing. Unfortunately, they have not always been treated as “legal” under local law. Now, California law has effectively legalized 1 4,171 (very low income <50 percent AMI (Area Median Income), 2,400 (low income <80 percent AMI), 2,182 5,652 Total: 14,405. https://abag.ca.gov/sites/default/files/documents/2022- 04/Final_RHNA_Methodology_Report_2023-2031_March2022_Update.pdf (accessed March 6, 2023):
www.hcd.ca.gov/policy-and-research/accessory-dwelling-units/ Several Marin jurisdictions’ Housing Elements make similar arguments; Ross, Appendix C-15.
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their construction and occupancy.2 Because building these units (a) does not require purchasing additional land, (b) can be added to existing structures and (c) can have fewer construction requirements than traditional single family houses on a square foot basis, they may be built less expensively. California’s new law recognizes that ADUs can help fulfill the state’s housing mandate, and can do so affordably and with a lesser impact on land use and the environment.3 Contrary to the sentiment expressed in the introductory cartoon, neither the “Marin woman who lived in a shoe” nor anyone else has to “apply for a lot split” before building an ADU.
Allowing ADUs in single-family and multifamily residential zones provides additional rental housing stock which are an essential component of the housing supply in California.4 Every Marin jurisdiction has increased ADU production, but there are a number of improvements that can be made to accelerate this process. This report highlights best practices in Marin and other Bay Area communities and suggests ways to facilitate development of ADUs and Junior Accessory Dwelling Units (collectively herein “ADUs”).
ADU development has grown throughout the county since 2019.5 Marin County’s local governments’ recently enacted Housing Elements assume that 9.5 percent of their required housing units could be fulfilled with ADUs.6 One planning model shows a potential of 9,500 units, which is 66 percent of the requirement.7 For example, in Vancouver, Canada, 35 percent of single family houses have ADUs.8
2 https://www.hcd.ca.gov/policy-and-research/accessory-dwelling-units (accessed March 6, 2023) 3 Calif. Gov. Code 65852.2 (m). A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
4 SB 1069 (2016). M. Nolan Gray, “The Housing Revolution is Coming,” The Atlantic, October 5, 2022 5 Cities and County Housing Element Submissions 2022. Marin County, 2023-2031 Regional Housing Needs Assessment Appeal Request, July 9, 2021 notes the County’s goal of increasing the supply of Accessory Dwelling Units along the City Centered Corridor.
6 Marin County’s share of the region’s housing allocation is 3.265 percent while Sonoma County’s share is 3.3 percent. https://abag.ca.gov/our-work/housing/rhna-regional-housing-needs-allocation (Accessed March 6, 2023). 7 https://ternercenter.berkeley.edu/wp-content/uploads/2021/07/SB-9-Brief-July-2021-Final.pdf (accessed March 6, 2023). This approach uses an algorithm based on mapping the community. 8 https://www.sightline.org/2016/02/17/why-vancouver-trounces-the-rest-of-cascadia-in-building-adus/ (Accessed March 6, 2023).
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Table 1
Marin County and Cities
Housing Regional Housing Needs Allocation (RHNA) Requirements and Projected ADUs by 2031
Communities ADU History ADU
Goal
% of
RHNA
RHNA 2018 2019 2020 2021 2022 ‘23-’31
Belvedere 160 4 0 0.00
Corte Madera 725 7 4 20 21 100 13.79
Fairfax 490 14 16 11 12 86 17.55
Larkspur 979 6 6 6 48 4.90
Mill Valley 865 0 16 16 29 1 160 18.50
Novato 2,090 6 10 16 27 118 5.65
Ross 111 0 0 1 3 10 80 72.07
San Anselmo 833 6 9 22 24 160 19.21
San Rafael 3,220 78 200 6.21
Sausalito 724 10 10 12 15 64 8.84
Tiburon 639 4 5 5 11 72 11.27
Unincorporated
Marin 3,569
37 32 35 280 7.85
Total Units 14,405 1,368 9.50
Source: 2022 Housing Elements submitted by County and municipalities; Sausalito: Housing Element HBR-120, Table 56 HBR-95 calculations. Accessed December 2022.
Many community planning professionals have argued these additional second units could benefit property owners as an additional source of income, assistance for older residents who could “retire in place” or a place for caregivers, as well as a home for family members. Community rewards might include housing for the local workforce, integrating energy-efficient housing, and reduced overcrowding.9
BACKGROUND
What is an ADU?
An ADU is an accessory dwelling of a primary residence and has complete independent living facilities for one or more persons. There are different types of ADUs:
• Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Converted Existing Space: A space (e.g., primary bedroom, attached garage, storage area or similar use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit.
9 https://www.hcd.ca.gov/policy-and-research/accessory-dwelling-units (Accessed March 9, 2023). Several Marin jurisdictions’ Housing Elements make similar arguments; Ross, Appendix C-15.
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• Junior Accessory Dwelling Unit (JADU): A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence.10 ADUs are not new. In previous eras they were given a variety of names, e.g., in-law units, backyard cottages, or granny units. They are quite common throughout the United States and California. In California, which has passed a series of laws enabling the use of ADUs, permits rose to nearly 20,000 in 2021 from about 1,200 in 2016.11 The addition of ADUs to neighborhoods may promote what Jane Jacobs, in her book The Death and Life of Great American Cities, called "social capital," "mixed primary uses," and "eyes on the street."12 This “gentle density” permits a range of casual public interactions which promote safety, contact, and the assimilation of children.
Planning, financing, and building an ADU is straightforward. It requires suitable land, a means to finance the project, and the ability to find a qualified building contractor. Fortunately, there are a number of public and private organizations that can help. For example, the CASITA Coalition provides individual homeowners guides and directions for how to work with public agencies, identify financing options, and even provides examples of building plans.13 ADUs Can Be Affordable to Build
Because of their small footprint, ADUs are significantly less expensive to build than new detached single-family homes. They also offer benefits that address common development barriers, such as land use and environmental sustainability. Because ADUs must be built on lots with existing or proposed housing, they do not require paying for new land or other costly infrastructure often required to build a new single-family home. It’s a way to add capacity within the existing footprint, a strategy planners sometimes call “gentle density.”14 ADUs do not require much government investment in infrastructure, and they reduce energy consumption and costs.
JADUs are contained inside existing or proposed single-family homes, and thus require relatively modest renovations and can be more affordable to complete. ADUs are often built with cost-effective one- or two-story wood frames, which are also less expensive than other construction types. Additionally, prefabricated ADUs (e.g., manufactured housing and factorybuilt housing) can be directly purchased and can further reduce construction time and cost.
ADUs can provide as much living space as apartments and condominiums, and work well for couples, small families, friends, young people, and seniors.
ADUs Can Be Affordable for Renters
A regional survey of ADU affordability was conducted by the Association of Bay Area Governments (ABAG) to support the 6th Cycle Housing Elements.15 This survey examined rental costs by region, including Marin, Napa, and Sonoma Counties in the North Bay Region.
The survey concluded that when accounting for ADUs rented at market rates, and ADUs rented at discounted rates to families and friends, 29 percent are affordable to very low income 10 https://adumarin.org/thinking (Accessed March 6, 2023). 11 https://www.nytimes.com/2023/01/29/health/elderly-housing-adu.html (Accessed Mar. 6, 2023). See Appendix B. 12 Jane Jacobs, The Death and Life of Great American Cities (Random House 1961). 13 https://www.casitacoalition.org/adu-blog-info-for-homeowners/ (Accessed March 6, 2023). 14 https://www.nytimes.com/2023/01/29/health/elderly-housing-adu.html (Accessed March 6, 2023). 15 https://abag.ca.gov/our-work/housing/rhna-regional-housing-needs-allocation (Accessed March 6, 2023).
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households, 44 percent to low income households, 26 percent to moderate income households, and 7 percent to above moderate income households. Sausalito undertook a similar survey.16 Based on the responses from the two surveys, it appears that: 16.2 percent of ADUs are projected to be affordable to very low income households, 32.4 percent to low income households, 32.4 percent to moderate income households, and 18.9 percent to above moderate income households.
Appearance
ADUs come in a variety of flavors. Here is a small sample from Marin.17 Construction costs
As with any construction, the cost varies considerably based on, among other things, the terrain and the finishes. Construction costs per square foot for ADUs are generally in line with the cost of building any single family dwelling.18 The four ADUs built in Marin shown above ranged from $60 to $521 per square foot (2019 costs). However, because of their size, ADUs may be 16 https://housingelementsmarin.org/city-of-sausalito (Accessed March 5, 2023). 17 Upper left photo, https://adumarin.org/spotlights/neighbor-spotlight-brenda-and-donal-in-corte-madera ; Upper Right photo, https://adumarin.org/spotlights/neighbor-spotlight-cheryl-and-kathy-in-marin; Lower Left photo, https://adumarin.org/spotlights/neighbor-spotlight-jane-and-doug-in-mill-valley, Lower Right photo, https://adumarin.org/spotlights/neighbor-spotlight-julie-and-tim-in-san-anselmo, (all Accessed March 31, 2023) 18 The median cost to build an ADU in California is about $150,000 according to a 2021 (using 2019 data) survey according to calculations by Terner Center staff, page 3. See more: https://www.aducalifornia.org/wpcontent/uploads/2021/04/Implementing-the-Backyard-Revolution.pdf (Accessed March 6. 2023).
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more amenable to prefab construction and thus less expensive. You can even buy kits from such retailers as Home Depot, Amazon or others.19
Constructing an ADU will increase the value of the property. Generally, the subsequent improvement will be incorporated in the property’s tax bill.20 The property as a whole is not reassessed, but the county will issue a supplemental tax bill reflecting the increased value of the property from construction of the ADU.21
Some jurisdictions outside of California waive property tax increases under certain conditions.
For example, in Oregon a special state act granted homeowners in Salem the option of exempting the value of an accessory dwelling unit (ADU) on their property from their property taxes so long as they are renting the ADU, including utilities, for a monthly amount affordable for those at or below 70 percent of the area median income.22
Financing
Generally, property owners finance the construction of ADUs using conventional means, e.g., from their savings, equity loans, or by refinancing existing mortgages. Recently, some private lenders have introduced products to meet the growing ADU building demand.
To build upon the early success of ADU legislation, more financial tools are needed to facilitate greater ADU development amongst low to moderate income homeowners who do not have access to cash savings and cannot leverage home equity.23 ADU financing may present some challenges for those without conventional means. Lending institutions may offer financing options. One institution that the Grand Jury is aware of is Redwood Credit Union (RCU). Among other things, RCU can take into account the future rental value of the ADU in order to determine the borrower’s qualifications. RCU can also take over the fund management of the project, if requested.24
In other communities local governments have initiated low-interest loan and grant programs, often with specific conditions designed to keep rents affordable.25 Marin County has $5 million available county-wide for various affordable housing projects.26 However, claimants for these funds are non-profit developers and other government agencies. Unlike many other communities in California, Marin County and its municipalities have not created financing programs to assist individuals in building affordable housing. However, Marin County does have a program 19 https://www.homedepot.com/p/The-Wave-Comfort-ADU-1-Bedroom-410-87-sq-ft-Tiny-Home-Steel-FrameBuilding-Kit-Cabin-Guest-House-TWVP1B410/321417498 (Accessed March 6, 2023). 20 https://www.boe.ca.gov/proptaxes/newconstructionproperty.htm (Accessed March 6, 2023). 21 https://www.sccoplanning.com/ADU/FAQ.aspx (Accessed March 6, 2023). 22 https://www.salemma.gov/adu (Accessed March 6, 2023). 23 https://ternercenter.berkeley.edu/ (Accessed March 6, 2023). 24 https://www.redwoodcu.org/loans/home/mortgage/construction-loans/ (Accessed March 6, 2023). 25 See https://www.sccoplanning.com/Portals/2/County/adu/ADU%20Loan%20Program%20Summary%202021.pdf (Accessed March 6, 2023).
26 The available funding includes roughly $2.3 million in County Affordable Housing Funds (including a one-forone match from the State Permanent Housing Allocation), $2.4 million in new HOME-ARP funds through the U.S.
Department of Housing and Urban Development (HUD), and $600,000 in Community Development Block Grant funds specific to housing projects, also allocated by HUD.
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restricted to residences in unincorporated areas so as to lower or mitigate permitting fees for private property owners desiring to build an ADU.27
The California Housing Finance Agency (HFA) has an ADU Grant program for homeowners with low or moderate income.28 It provides up to $40,000 towards pre-development and nonrecurring closing costs associated with the construction of an ADU. Predevelopment costs include site preparation, architectural designs, permits, soil tests, impact fees, property survey, and energy reports. Few, if any, of Marin County’s or cities’ websites prominently refer to this program.
The California Department of Housing and Community Development had these comments for Marin County by letter dated October 17, 2022:
● Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).) ● Review the production of ADUs once in the planning period. A review of production should also: (1) assess affordability, (2) conduct a review more than once in the plan period (e.g., 3-4 times), and (3) commit to a menu of alternative actions that includes rezoning, if necessary, by a specific date (e.g., within six months of review).
APPROACH
The Grand Jury reviewed a broad range of relevant public information related to the planning, permitting, financing and building of ADUs. It did not obtain fee information from every municipality and special district. Additionally, appropriate information from County staff, and several knowledgeable people in the field of community planning and development of ADUs in other Bay Area counties was secured. The Grand Jury received documentation that was relevant in informing these decision makers and guiding their actions.
Many reports, written materials, and internet resources were studied, including but not limited to:
● Recently submitted housing elements by Marin County, Cities, and Towns ● California State ADU and relevant housing laws
● ADU Affordability Best Practices Guidelines
● California HFA ADU Grant Program.
● California Department of Housing and Community Development ● Marin County Community Development
● Understanding the Market: ADUs in Napa and Sonoma County report ● ADU Marin website
● Napa-Sonoma ADU website.
27 https://www.helloadu.org/marin-adu-services (Accessed March 6, 2023). 28 https://www.calhfa.ca.gov/adu/ (Accessed March 6, 2023).
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DISCUSSION
ADUs will allow for increased housing utilizing existing space from single family homes, which is the bulk of Marin’s housing stock. According to the latest US Census, 62% of all Marin residences are considered detached residences, i.e., an equivalency to single family homes. Many of these detached residences could accommodate a second unit. As Table 2 shows, there are many lots that could theoretically have capacity for an ADU or JADU.
Table 2:
Estimating How Many Residences in Marin Are Detached
Total
Residences
Estimated
Number of
Detached
Residences
Calculated
Percentage
Belvedere 1,054 931 88.3%
Corte Madera 4,104 2,782 67.8%
Fairfax 3,676 2,447 66.6%
Larkspur 6,652 2,418 36.4%
Mill Valley 6,375 4,550 71.3%
Novato 21,490 12,413 58.2%
Ross 947 900 95.0%
San Anselmo 5,265 3,978 75.6%
San Rafael 24,678 11,496 46.6%
Sausalito 4,332 1,813 41.9%
Tiburon 3,853 2,535 65.8%
Unincorporated 23,188 18,253 78.7%
Total for County 111,570 69,866 62.6%
Source: United States Census, 2020.
ADUs come in all shapes. However, sizes are limited by local regulation. In general, the minimum size is 150 square feet, and the maximum is 1,200 square feet. There are certain financial incentives for ADUs of less than 750 square feet.29 By way of comparison, in 1950 the average American single family home size was 983 square feet.30 Marin jurisdictions, as shown in Table 1 above, have identified the potential of building at least 1,385 ADUs. The table illustrates the jurisdictions’ projections (based upon historical trends and their own plans) vary considerably due to multiple factors: typography, willingness to encourage these developments, and the simple matter of available space. Marin communities could increase the actual number of ADUs which can be built.31
Marin County has made some efforts to encourage ADUs. It recently created a new ADU Technical Assistance program for homeowners to help make the process less overwhelming. The program provides free feasibility and project management support for qualified homeowners 29 Calif. Gov. Code 65852.2 (f) (3)
30 https://www.investopedia.com/articles/pf/07/mcmansion.asp (Accessed March 6, 2023). 31 Several California governments have adopted various incentive programs which have already increased the number of ADUs beyond projections. For example, the city of San Diego more than doubled the number of ADUs since 2021. https://ternercenter.berkeley.edu/research-and-policy/san-diego-adu-bonus-program/ (Accessed March 6, 2023).
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who live in the unincorporated areas of the County provided by HelloADU and paid for by the County.32 Marin County’s “Make Room for Marin” website provides property owners with a step-by-step overview of the processes associated with ADU development.33 However, the County and its towns and cities could do a more to encourage and facilitate the building of ADUs. There are often unnecessary delays in issuing building permits. San Jose, for example, offers same day permits in some instances.34
As part of a state grant program, a partnership was established between ten cities and towns and the County called “ADUMarin.” This partnership aims to promote the development of ADUs. It includes a variety of information sources on the County website, https://adumarin.org, providing interactive workbooks and webinars to assist interested property owners through all aspects of the ADU process.
Napa Sonoma ADU, in comparison, has at least one full time employee and is supported by grants from the Napa Valley Community Foundation and Sonoma County Community Foundation. It provides significantly more comprehensive services and support. Among other things, it offers an ADU calculator, local ADU rules, an address lookup tool, an ADU workbook, stories and floor plans, webinars, vendor registry, a newsletter, and social media.35 Additionally, for a fee, it has an ADU feasibility consult, and permit-ready ADU plans.
On May 25, 2021, the Marin County Board of Supervisors approved an extension to the Accessory Dwelling Unit Fee Waiver Program, which offers property owners in the unincorporated areas of the county (which is approximately 27 percent of the population) fee waivers for the development of ADUs.36 Under the program, in exchange for a property owner’s agreement to rent their unit at affordable rates, county permit fees for ADUs may be waived up to the following:
● $10,000 for ADUs that are rented at rates at or below 80 percent the Area Median Income ● $5,000 for ADUs that are rented at rates between 81-120 percent of the Area Median income
● $2,500 for ADUs that are rented at market-rate
The fees waived may include Community Development Agency fees such as planning, building and safety, environmental health services, and Department of Public Works fees such as traffic mitigation.
Impact Fees – Exceptionally Confusing in Spite of State Law A significant number of Marin homeowners interested in building ADUs on their property are dissuaded from doing so due to prohibitively high impact and mitigation (a.k.a. connection or capacity) fees. One ADU professional characterized these fees as “piracy.” 32 https://www.helloadu.org/free-marin-county-services (Accessed March 6, 2023). 33 https://www.marincounty.org/depts/cd/divisions/housing/make-room-for-marin (Accessed March 9, 2023). 34 https://www.sanjoseca.gov/business/development-services-permit-center/accessory-dwelling-unitsadus/preapproved-adus (Accessed April 28, 2023). 35 https://napasonomaadu.org/ (Accessed March 6, 2023). 36 https://www.marincounty.org/-/media/files/departments/cd/housing/affordable-housing/aduaffordablity/adupacketvfinal (Accessed March 6, 2023).
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SB 13 created a tiered fee structure that charges ADUs based on their size. This fee structure takes into consideration the impact of an ADU on a neighborhood’s infrastructure and services, which is different from the impact created by single-family homes or multifamily buildings.37 For example, an ADU of less than 750 square feet is likely to have only one bedroom and unlikely to have school age children living there. This would minimize the impact on schools, water, and sewers, among other services.
Local governments and Special Districts (listed in Appendix A) can charge a variety of fees for a development. These fees, commonly known as impact or mitigation fees, go toward infrastructure development (such as adding lanes or roads or supporting additional traffic) or other public benefits (such as new parks, schools, or affordable housing). In the wake of the passage of Proposition 13 in 1978 and the loss of significant property tax revenue, local governments and school districts have also turned to development fees as a means to generate revenue. Given that California cities have tightly restricted funding sources, fees are one of the few ways cities can pay for the indirect costs of growth.38 State law governs the imposition of impact fees on ADUs.39 Nonetheless, the agencies that might charge impact or mitigation fees have interpreted that state law differently. For example, the new construction of a detached 700 square foot ADU would incur no connection fee from Marin Water (formerly MMWD) but would cost $8,675 in NMWD.40 This discrepancy may be a result of different interpretations of how North Marin Water District interprets the applicable code to exempt ADUs from connection charges. North Marin Water District reads the code as exempting only ADUs created within an existing structure. In some instances, school impact fees provide another example. State law states that such fees are waived for ADUs smaller than 750 square feet, but many cities waive fees only for ADUs smaller than 500 square feet.41 Different agencies and municipalities throughout the county charge different fees. For example, Tiburon requires new and separate utility connections directly between the ADU and the utility.
Consistent with Government Code section 66013, the service may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed ADU.42 In Napa and Sonoma counties, capacity charges for ADUs are waived if the unit is under 499 square feet, and then based upon a square footage charge for larger units.43 In contrast, those fees in Marin have reportedly been as much as $41,000.44
These wide variations aside, it is uniformly challenging for a proponent of an ADU in Marin to get an accurate estimate for impact and connection fees simply by inspecting a town, city, or special district’s website or even talking directly with staff of the planning and building 37 https://openstates.org/ca/bills/20192020/SB13/ (Accessed March 6, 2023). 38 (Chapter 653, Statutes of 2019); https://openstates.org/ca/bills/20192020/SB13/ (Accessed March 6, 2023). 39 Calif. Gov. Code 65852.2 (f). See Appendix B for the complete text, 40 Northern Marin Water District website.
41 See e.g. https://www.tamdistrict.org/cms/lib/CA01000875/Centricity/Domain/1547/Nicasio%20- %20Residential.pdf; https://www.cityofbelvedere.org/DocumentCenter/View/79/School-Facilities-Fee?bidId= (Accessed April 28, 2023).
42 http://www.townoftiburon.org/DocumentCenter/View/3266/594ADU-21622?bidId= (Accessed March 6, 2023). 43 https://www.napasan.com/151/Capacity-Charges (Accessed March 6, 2023). 44 Grand Jury interview.
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departments. In Belvedere, fees for a 700 square foot attached ADU total $19,530. 45 Illustrating
the consequence and complexity in understanding permit and fee requirements imposed by almost every government agency in Marin, we examined the rules imposed by the City of Novato and connected agencies. We assumed permitting and building two comparable ADUs costing $350/sq. ft.: one at 700 sq. ft. and the other at 800 sq. ft. Applying the information set forth in Novato’s Housing Element Update, reviewing the city and special districts’ fee schedules and direct conversation with staff members, it is clear individuals face a daunting task in determining the process and the potential of substantial fees. Here, an ADU larger than 750 sq. feet costs well over $34,000 in fees. Even when a smaller 700 sq. ft. ADU is proposed, fees exceed $18,000. If Marin County and municipalities genuinely believe, as they have stated in multiple forums, that their housing needs can be met by encouraging the building of ADUs, they should re-examine the various impact fees that they have imposed.
45 https://www.cityofbelvedere.org/DocumentCenter/View/8495/6th-Cycle-Housing-Element-Update_Public-DraftReduced-compressed (Accessed May 9, 2023).
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Table 3
Estimated Novato ADU Permit and Development Fees
Fee
700 sq. ft.
Estimated $
800 sq. ft.
Estimated $
City of Novato
ADU Planning Permit $820.00 exempt $820.00
Building Permit sliding scale $2,156.60 $2,558.40
subtotal $2,156.60 $3,378.40
Novato City Public Facilities Fees
Recreational,Cultural Facilities $4,725.23 exempt $4,725.23 Civic Facilities $847.29 exempt $847.29
General Government Systems $367.54 exempt $367.54
Open Space $1,022.02 exempt $1,022.02
Drainage $580.68 exempt $580.68
subtotal $0.00 $7542.76
Novato City Traffic Impact Fees
Streets & Intersections $2,601 exempt $2,601.00
Transit Facilities $89.84 exempt $89.84
Corporation Yard $56.07 exempt $56.07
subtotal $0.00 $2,746.91
Outside Agency Impact Fees
Novato Unified School District $4.08 /sq. ft. exempt $3,264.00 Novato Sanitary District* $12,000/dwelling unit
$7,617.50 $8.700.00
Novato Fire District $.0622/sq. ft. exempt exempt
North Marin Water District* $7,640/ADU plus $8,675.00 $8,675.00 subtotal $16,292.50 $20,639.00
Subtotal Fees (estimated)
City $2,156.60 $13,668.07
Outside Agencies $16,292.50 $20,639.00
TOTAL FEES (estimated) $18,449.10 $34,307.07
Source: City of Novato Housing Element Update, November 2022, C34-C36, Novato Sanitary District:
Pro-rata of 1,200 sq. ft, North Marin Water District, Facility Reserve Charge Study, Final Report, November 15, 2022, Grand Jury interviews. The estimated amounts were calculated March 17, 2023.
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Legalizing Marin’s Existing Non-Conforming Second Units According to a 2016 report by McKinsey and Company entitled “A Tool Kit to Close California’s Housing Gap: 3.5 Million Homes by 2025,”46 one way to encourage homeowners to add ADUs is to create an amnesty path for ADUs that are not properly permitted.47 Some jurisdictions have been at the forefront of encouraging ADUs. Part of their success has been the legalization of existing non-conforming units through amnesty programs. It is estimated that 40 percent to 70 percent of all construction throughout Marin is done without permits.48 This number includes all forms of construction, from adding a new water heater to building an in-law unit.
For example, Fairfax has an amnesty program in which all penalties are waived and all ADUs (legalizing illegal existing ones or permitting new ones) housing the elderly get 50 percent off the permit fees normally charged.49 San Mateo County had a limited-term ADU Amnesty program (beginning in October/November 2018), which allowed property owners to bring an unpermitted unit into compliance. It featured a low-cost initial inspection as well as detailed guidance on any required improvements necessary to meet the current building code. All fines for unpermitted construction were waived, and planning and building permit fees were either waived or significantly reduced during the initial pilot phase. Code enforcement actions were also suspended, allowing potential applicants the opportunity to explore the program without risk of penalty.50
ADUs can help address housing needs of Marin’s aging population Marin County’s Age Forward Plan (2020) suggests that ADUs could help older adults.51 The share of older adults in Marin will continue to increase and is projected to reach 35 percent of the county’s population by 2025 and 38 percent by 2030.52 The Age Forward plan offered three action items in this regard:
• Community: Explore opportunities to build ADUs on properties; advocate for measures to expand ADU programs throughout the county.
• County Leadership: Foster increase of ADUs, encourage greater awareness of and research for ADU programs and opportunities for residents, explore permit fee waivers and fee reductions, including fee adjustments to incentivize affordable rental units 46 See
https://www.mckinsey.com/~/media/mckinsey/featured%20insights/urbanization/closing%20californias%20housing %20gap/closing-californias-housing-gap-full-report.pdf, (Accessed March 6, 2023). 47 https://ternercenter.berkeley.edu/blog/san-diego-adu-bonus-program/ (Accessed March 6, 2023). 48 Marin Builders Exchange survey. https://www.marinbuilders.com/permit-simplicity-and-customer-satisfaction (accessed March 6, 2023).
49 https://www.townoffairfax.org/opportunities-for-adu-jadu-permitting-and-construction/ (Accessed March 6, 2023).
50 https://www.smcgov.org/planning/accessory-dwelling-unit-amnesty-health-safety-certification-program (Accessed March 6, 2023).
51 “Age Forward, a framework for an Age-Friendly County of Marin,” January 2020 https://www.marinhhs.org/sites/default/files/files/servicepages/2022_06/cc_af_com_plan_final_ada.pdf (Accessed March 15, 2023)
52 California Department of Finance. (2019). Population projections for California. Retrieved from https://dof.ca.gov/Forecasting/Demographics/Projections/ (Accessed March 6, 2023).
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• County Departments: Promote ADU programs and facilitate advocacy for greater flexibility, work together to advocate for solutions (Aging & Adult Services, Community Development Agency).53
Confusion Reigns
Much of the public is confused about what the requirements are for an ADU.54 The Grand Jury’s research has found that some jurisdictions in Marin have not updated their planning and building policies to conform with current California ADU laws. Some people do not know whether an ADU requires a lot split, must be rented, what size refrigerator or sink is required, or what the sewer fees would be. Potential ADU owners (not just those with limited incomes) would benefit from a central “one stop shop” for this information. The County and local municipalities would be better served if this “one stop shop” is identified by each municipality to be the authoritative source for all local information. Ideally it would become linked with Napa Sonoma ADU. At the very least, the ADU Marin effort should become more closely aligned with the Napa Sonoma ADU programs. In addition, each municipality should clearly point to such a source of assistance on its website. For example, Fairfax has a model amnesty program, but there is no obvious link to it from the building department website. In addition to the Napa and Sonoma counties efforts, we reviewed the successful San Mateo “Second Unit Resource Center,” which has demonstrated that a one stop shop open to all has value:
Source: https://secondunitcentersmc.org/how/
53 “Age Forward, a framework for an Age-Friendly County of Marin,” January 2020 https://www.marinhhs.org/sites/default/files/files/servicepages/2022_06/cc_af_com_plan_final_ada.pdf (Accessed March 15, 2023)
54 See e.g. https://nextdoor.com/p/y-BghLzP7XWt?view=detail&init_source=search&query=adu (Accessed March 6, 2023).
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If Marin is serious about helping individuals build ADUs, our review of current and planned efforts initiated by Marin’s cities and municipalities leads us to three obvious conclusions:
● Currently, required information is not easily obtained either from officials or contained on agencies’ websites.
● Fee information from Marin’s water, fire, sanitary, and school districts is not easy to understand and follow.
● Marin’s mandated housing goals can be met when every public agency in the county aligns its policies toward these objectives. Cooperation should be the mantra. It benefits everyone.
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FINDINGS
F1. More housing in Marin is needed and ADUs are one solution.
F2. Many homeowners lack information and knowledge about ADU development, and Marin’s jurisdictions are not always helpful to homeowners seeking information about ADU development.
F3. It is often difficult, if not impossible, for a Marin homeowner to determine the planning, building, connection, capacity and impact fees associated with developing an ADU in a particular jurisdiction.
F4. Many Bay Area cities and counties, for example Napa and Sonoma, have implemented comprehensive websites and related support to help homeowners create ADUs.
F5. ADUs may be rented affordably and provide additional benefits for older adults and their caregivers.
F6. Most Marin jurisdictions could provide better resources offering or identifying financing incentives for ADU development.
F7. Impact, connection, and capacity fees vary considerably throughout the County and such fees can be a disincentive to homeowners considering ADU development.
F8. Not every jurisdiction in Marin has updated its planning and building policies to conform with current California ADU laws.
F9. Granting amnesty, following safety inspection, to existing non-conforming second units could help Marin meet its housing obligations.
F10. ADU Marin and HelloADU are a good start. However, compared to several other Bay Area cities and counties, for example Napa and Sonoma, they could be substantially enhanced and expanded.
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RECOMMENDATIONS
R1. On or before December 31, 2023, the Marin County Board of Supervisors should direct the Community Development Agency's Development Priority Setting Committee to:
1) Identify available funding/financing information for residents who need help with the cost of building an ADU,
2) Transmit the collected information to all the jurisdictions represented on the Committee.
3) Start a continuous monitoring program to update the information sources as they become available.
R2. By December 1, 2023, begin investigation to consider an amnesty program to legalize existing unpermitted second units. Add a marketing communications plan so that citizens can be made aware of it.
R3. By December 1, 2023, begin the process of merging and/or collaborating with Napa/Sonoma ADU, and hiring a full-time Marin ADU Program Coordinator. The program coordinator should work with all jurisdictions on the development of ADUs and identify impact and connection fees within each jurisdiction.
R4. By December 1, 2023, begin a feasibility assessment of waiving or significantly lowering impact and connection fees for units smaller than 750 square feet.
R5. By December 1, 2023, begin creating plans to accelerate the permit approval process for ADU applications to within 30 days, or less, of submission. Implement such plans no later than July 1, 2024.
R6. By December 1, 2023, begin feasibility assessments of new incentives for ADU development, such as pre-approved plans, technical assistance, property tax relief, development fee waivers, and forgivable loans; implement at least one such incentive no later than July 1, 2024.
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REQUIRED RESPONSES
Pursuant to Penal Code section 933.05, the Grand Jury requires responses from the following governing bodies:
● School Districts
○ Bolinas-Stinson School District Board of Trustees (F7, R4) ○ Kentfield School District Board of Trustees (F7, R4)
○ Laguna Joint School District Board of Directors (F7, R4) ○ Lagunitas School District Board of Trustees (F7, R4)
○ Larkspur-Corte Madera School District Board of Trustees (F7, R4) ○ Marin County Office of Education (F7, R4)
○ Mill Valley School District Board of Trustees (F7, R4) ○ Miller Creek Elementary School District Board of Trustees (F7, R4) ○ Nicasio School District Board of Trustee (F7, R4)
○ Novato Unified School District Board of Trustees (F7, R4) ○ Reed Union School District Board of Trustees (F7, R4) ○ Ross School District Board of Trustees (F7, R4)
○ Ross Valley School District Board of Trustees (F7, R4) ○ San Rafael City Schools Board of Education (F7, R4)
○ Sausalito/Marin City School District Board of Trustees (F7, R4) ○ Shoreline Unified School District Board of Trustees (F7, R4) ○ Tamalpais Union High School District Board of Trustees (F7, R4) ● Municipalities
○ City of Belvedere (F1-F13, R1-R6)
○ City of Larkspur (F1-F13, R1-R6)
○ City of Mill Valley (F1-F13, R1-R6)
○ City of Novato (F1-F13, R1-R6)
○ City of San Rafael (F1-F13, R1-R6)
○ City of Sausalito (F1-F13, R1-R6)
○ Marin County Board of Supervisors (F1-F13, R1-R6)
○ Town of Corte Madera (F1-F13, R1-R6)
○ Town of Fairfax (F1-F13, R1-R6)
○ Town of Ross (F1-F13, R1-R6)
○ Town of San Anselmo (F1-F13, R1-R6)
○ Town of Tiburon (F1-F13, R1-R6)
● Water Districts
○ Bolinas Community Public Utility District (F7, R4)
○ Marin Municipal Water District (F7, R4)
○ North Marin Water District (F7, R4)
○ Stinson Beach County Water District (F7, R4)
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● Fire Protection Districts
○ Bolinas Fire Protection District (F7, R4)
○ Central Marin Fire Department (F7, R4)
○ Inverness Public Utility District (F7, R4)
○ Kentfield Fire Protection District (F7, R4)
○ Marin County Fire Department (F7, R4)
○ Marinwood Community Services District (F7, R4)
○ Novato Fire Protection District (F7, R4)
○ Ross Valley Fire Department (F7, R4)
○ Southern Marin Fire Protection District (F7, R4)
○ Stinson Beach Fire Protection District (F7, R4)
○ Tiburon Fire Protection District (F7, R4)
● Sanitary Districts
○ Almonte Sanitary District (F7, R4)
○ Alto Sanitary District (F7, R4)
○ Central Marin Sanitation Agency (F7, R4)
○ Corte Madera Sanitary District No. 2 (F7, R4)
○ Homestead Valley Sanitary District (F7, R4)
○ Las Gallinas Valley Sanitary District (F7, R4)
○ Novato Sanitary District (F7, R4)
○ Richardson Bay Sanitary District (F7, R4)
○ Ross Valley Sanitary District (F7, R4)
○ San Rafael Sanitation District (F7, R4)
○ Sausalito Marin City Sanitary District (F7, R4)
○ Sewerage Agency of Southern Marin (F7, R4)
○ Tiburon Sanitary District 5 (F7, R4)
The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933 (c) and subject to the notice, agenda and open meeting requirements of the Brown Act.
Note: At the time this report was prepared information was available at the websites listed.
Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation.
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APPENDIX A
Impact, connection, and capacity fees vary considerably within these districts throughout Marin County.
School Districts
Water
Districts
Fire Protection
Districts
Sanitary
Districts
Bolinas-Stinson
Bolinas
Community
Public Utility
Bolinas Almonte
Kentfield Marin Municipal Central Marin Alto
Laguna North Marin Inverness
Public Utility Central Marin
Lagunitas Stinson Beach
County Kentfield Corte Madera
Larkspur-Corte Madera Marin County Homestead Valley
Marin County Office of
Education
Marinwood
Community
Services
Las Gallinas
Mill Valley Novato Novato
Miller Creek Ross Valley Richardson Bay
Nicasio Southern Marin Ross Valley
Novato Unified Stinson Beach San Rafael
Reed Union Tiburon Sausalito/Marin City
Ross Southern Marin
Ross Valley Tiburon
San Rafael City
Sausalito/Marin City
Shoreline Unified
Tamalpais Union
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APPENDIX B
For reference only: These are the primary laws affecting ADU development:
o AB 68/AB 881 - Requires local agencies to approve or deny an ADU project more quickly and prohibits local agencies from adopting ADU ordinances that impose minimum lot size requirements, set certain maximum dimensions, or require replacement off-street parking in certain situations. Also allows for an ADU as well as a “junior” ADUs where certain access, setback and other criteria are met.
o SB 13 - Provides, until January 1, 2025, that cities may not condition approval of ADU building permit applications on the applicant being the “owner-applicant” of either the primary dwelling or the ADU, and prohibits impact fees on ADUs under 750 square feet. o AB 587 - Provides that local agencies may now allow ADUs to be sold or conveyed separately from a primary residence if certain conditions are met. This law is expected to increase the ability of affordable housing organizations to sell deed-restricted ADUs to eligible low-income homeowners.
o AB 670 - Prevents homeowners' associations from barring ADUs. AB 670 makes unlawful any HOA condition that "prohibits or unreasonably restricts" the construction of ADUs on single-family residential lots.
o AB 671 - Requires local governments to include in their General Plan housing elements plans to incentivize and promote the creation of affordable ADUs. The law also requires HCD (Housing and Community Development) to develop, by December 31, 2020, a list of state grants and financial incentives for ADU development.
O New California legislation went into effect on January 1st, 2023, that allows 2-story ADUs in some instances, provides more flexibility in where ADUs can be located on a property, and makes obtaining an ADU permit a more transparent and streamlined process. ______________________________________________________________________________ ARTICLE 2. Adoption of Regulations [65850 - 65863.13] (Article 2 added by Stats. 1965, Ch. 1880.)
65852.2. https://california.public.law/codes/ca_gov%27t_code_section_65852.2 (Amended (as amended by Stats. 2021, Ch. 343, Sec. 1) by Stats. 2022, Ch. 664, Sec. 2.5. (SB 897) Effective January 1, 2023.)
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81 Item #: 1.4
STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.4
MEETING DATE: September 12, 2023
AGENDA TITLE: Accept the 2023 Street Resurfacing Project and Authorize staff to file a Notice of Completion
FROM: Public Works
RECOMMENDATION: That the Town Council accepts the 2023 Street Resurfacing Project and authorizes staff to file a Notice of Completion.
BACKGROUND AND DISCUSSION
The Town Council approved the project at the March 28, 2023 meeting, and authorized staff to bid the project. The Town Council awarded the project at the May 23, 2023 meeting to Ghilotti Bros, Inc. The project included paving the following street segments:
Jordan Avenue from Cottage Avenue to Southview Terrace
Amberwood Lane from Jordan Avenue to end
Hildale Drive from Carolina Avenue to Longview Avenue
Longview Avenue from Longview Avenue to Hilldale Drive
Ancho Vista Avenue from Red Hill Avenue to Sequoia Drive Park Way from Ancho Vista Avenue to 55 Park Way
Essex Avenue from Red Hill Avenue to end
Crescent Road from Raymond Avenue to Woodland Avenue
San Anselmo Avenue from Sir Francis Drake Boulevard to Morningside Drive Morningside Drive from Meadowcroft Drive to Broadmoor Avenue Tomahawk Drive from 99’ north of Indian Rock Road to end Palazzi Court from Ash Avenue to end
Construction started July 17th, and was completed on August 25th.
Following completion of the street resurfacing and slurry seal projects, staff entered the improvements into the StreetSaver program, which computed the Pavement Condition Index (PCI) of the Town’s road to be 73, which is the highest PCI in over 20 years. 82 Item #: 1.4
FISCAL IMPACT
The construction contract was awarded to Ghilotti Bros., Inc. of San Rafael, CA for $1,038,788. Work was completed substantially in accordance with the project plans and specifications, and fully available for use on August 14, 2023. The final construction cost was $1,124,017.31.
The Town will be reimbursed by several utilities for adjustments made to manhole and valve covers (approximately $56,300), as well as by the adjacent property owner for grinding and paving the non-Town-maintained section of Ancho Vista Avenue (approximately $15,000), and curb and gutter repairs on Crescent Road (approximately $40,000).
Funding for the project was included in the Town’s 2023/2024 Budget and Work Plan from the Road Maintenance Fund, TAM Measure AA funds, SB1 funds, and Measure D/Measure J funds.
CEQA ANDCLIMATE ACTION PLAN/BICYCLE AND PEDESTRIAN
MASTER 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 they involve rehabilitation of existing streets, sidewalks, and gutters that will not create additional automobile lanes and involve negligible or no expansion of use. (14 Cal. Code Regs. § 15301). None of the exceptions to this Class 1 categorical exemption apply in this instance (14 Cal. Code Regs. § 15300.2). Specifically, successive projects of the same type in the same location will not cause significant cumulative impacts, as there are no successive projects planned at this time. There are no unusual circumstances presented by this project and the project will not result in damage to scenic resources within a designated state scenic highway. Finally, the project will not cause a substantial adverse change in the significance of a historical resource, as no historical resources will be impacted.
As with any paving project, the Town follows our Complete Streets Policy which aims to improve the street not just for vehicular traffic, but for pedestrians and bicyclists as well as transit. New and modified curb ramps and enhanced crosswalks improve pedestrian safety, and improved pavement condition makes conditions safer for bicyclists. (Climate Action Plan 2030 Transportation Measures T-2 Bicycling and T-3 Walking). 83 Item #: 1.5
STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.5
MEETING DATE: September 12, 2023
AGENDA TITLE: Adopt Ordinance Amending the Town’s Green Building Regulations
FROM: Sean Youra, Climate Action Coordinator
Erica Freeman, Building Official
RECOMMENDATION:
Adopt the attached Ordinance entitled, “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.”
BACKGROUND & DISCUSSION
On August 22, 2023, the Town Council introduced by title only and waived further reading of the attached Ordinance, which if adopted would repeal and replace the Town’s existing green building requirements in Title 9, Chapter 19 of the Town Code.
Prior to the introduction of the Ordinance, the following modifications were incorporated into the Ordinance and are reflected in the attached Ordinance:
Add definition of “Conductor Ready” to Section 9-19.020 Add “conductor ready required for laundry room and kitchen remodels regardless of remodel size” to Section 9-19.020 (11)
Add “Substantial Improvements to an existing Single-Family residential building” to Section 9-19.020 (11)
Add definition of “Substantial Improvement” to Section 9-19.020 Revise requirement to provide on-site bicycle parking for at least one bicycle per every one dwelling unit for new multifamily construction under Section 9-19.040 Correct typo in Section 9-19.060 to say “Town Council” instead of “Board of Supervisors”
Update Table 1 to reflect changes made to the text of the Ordinance. 84 Item #: 1.5
FISCAL IMPACT
There is no fiscal impact 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 the Council’s adoption of the proposed Ordinance.
ATTACHMENTS
Attachment 1 – Proposed Ordinance
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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. 86 Item 1.5 Attachment 1
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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 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. 88 Item 1.5 Attachment 1
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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 (28); 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 89 Item 1.5 Attachment 1
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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. 90 Item 1.5 Attachment 1
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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 (11), of the San Anselmo Municipal Code. “Mixed-fuel” building as defined in §9-19.020 (24), 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 91 Item 1.5 Attachment 1
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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 (11)(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 that are not considered Substantial Improvements. (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.” 93 Item 1.5 Attachment 1
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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 94 Item 1.5 Attachment 1
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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 95 Item 1.5 Attachment 1
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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 96 Item 1.5 Attachment 1
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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 98 Item 1.5 Attachment 1
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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.
99 Item 1.5 Attachment 1
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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 one dwelling unit. 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
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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
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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, as
modified by Section
9-19.040
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
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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; and
Substantial
Improvements
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
If the project is upgrading the main
electrical service panel, comply with
CALGreen Measure A4.106.8.1, Tier 1
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; and
Substantial
Improvements
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.
The following are exceptions to Table 1:
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22 (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.
The following conditions also apply to Table 2:
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23 (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.
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 108
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24 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.
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. 109
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25 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.
The procedures for compliance with the provisions of this chapter shall include, but not be limited to the following:
110
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26 (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.
(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.
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27 (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.
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 112
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28 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 12th day of September, 2023 by the following vote:
AYES:
NOES:
ABSENT:
__________________________
Steve Burdo, Mayor
ATTEST
__________________________
Serge Avila, Town Clerk
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Item #: 1.6
STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.6
MEETING DATE: September 12, 2023
AGENDA TITLE: Second Amendment to the Community Development Block Grant Cooperation 2023 Agreement
FROM: Serge Avila, Town Clerk
RECOMMENDATION: Authorize the Mayor to execute, on behalf of the Town, a second amendment to the Community Development Block Grant Cooperation Agreement with the County of Marin.
BACKGROUND
The Community Development Block Grant Program (CDBG) provides grants from the U.S. Department of Housing and Urban Development (HUD) to local governments for housing, community facility, and human service programs serving lower-income people.
HOME (Investment Partnerships Program) provides additional assistance for housing activities. Marin County qualifies for these programs because the cities and towns have signed cooperation agreements to participate with the County government in a single joint countywide program. This qualifies Marin County as a HUD “urban county,” enabling Marin to receive annual CDBG and HOME grant allocations established by formula.
In 2014, all eleven Marin cities/towns entered into three-year CDBG Cooperation Agreements enabling to obtain formula funds as an urban county. On May 26, 2020 the Council approved the renewal of the Cooperation Agreement to remain eligible to receive funds for the next three fiscal years.
DISCUSSION/ANALYSIS
The 2023 First Amendment to the Cooperation Agreement with the County’s minor changes to the language as required to comply with the latest HUD guidelines for the urban county qualification was approved by the San Anselmo Town Council during its meeting on May 23, 2023.
Since then, HUD has requested an additional amendment to paragraph 9 of the Cooperation Agreement please see Attachment 1.
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FISCAL IMPACT
None
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 that has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).
ATTACHMENTS
Attachment 1- Cooperation Agreement- Second Amendment
Attachment 2- Cooperation Agreement- First Amendment- Executed Copy May 23, 2023
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SECOND AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE COUNTY OF
MARIN AND TOWN OF SAN ANSELMO FOR A COMMUNITY DEVELOPMENT PROGRAM This SECOND AMENDMENT (“Second Amendment”) to that certain Community Development Block Grant and Home Investment Partnerships Program Cooperation Agreement between the County of Marin, a political subdivision of the State of California, hereinafter called "County," and Town of San Anselmo, a municipal corporation of the State of California, located in the County of Marin, hereinafter called "City," collectively referred to as “Parties,” dated on or about May 26, 2020 (“Original Agreement”), as amended by that certain First Amendment to the Cooperation Agreement between the Parties effective July 25, 2023 (First Amendment, and together with the Original Agreement, the “Cooperation Agreement”), is hereby entered into between the Parties, effective September 30, 2023.
The purpose of this Second Amendment is to incorporate into the Cooperation Agreement language the U.S. Department of Housing and Urban Development (HUD), Office of Community Planning and Development (CPD) Notice 23-02 requires be included in the Cooperation Agreement. The Parties intended to include such required language in the Cooperation through the First Amendment, but inadvertently failed to do so. This Second Amendment is intended to correct that omission.
Accordingly, the County of Marin and the City hereby agree as follows:
1. Amendment to Paragraph 9. Paragraph 9 of the Cooperation Agreement is hereby amended as follows:
County, City, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and the implementing regulations at 24 CFR part 1, 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152. County, City, and all other cooperating cities shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws.
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IN WITNESS WHEREOF, the Parties have executed the above instrument on the day and year first above written.
COUNTY OF MARIN TOWN OF SAN ANSELMO
By: By:
Stephanie Moulton-Peters, President
Board of Supervisors Mayor
ATTEST: ATTEST:
Deputy Clerk of the Board Clerk
MASTER FORM APPROVED AS TO FORM:
Brandon Halter
Deputy County Counsel
County of Marin
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Item #: 3.1
STAFF REPORT
TOWN OF SAN ANSELMO Item #: 3.1
MEETING DATE: September 12, 2023
AGENDA TITLE: Traffic Calming Guidelines Discussion
FROM: Sean Condy, P.E., Public Works Director
RECOMMENDATION:
That the Town Council receive an update on the Traffic Calming Guideline procedures.
BACKGROUND
In the early 2000s the Town created the Traffic Calming Guidebook, which was intended to provide a process for residents and staff to address traffic safety concerns throughout San Anselmo. While this guidebook has been beneficial and still has many relevant traffic calming tools, the guidebook needs needed to be updated in response to traffic safety concerns throughout the Town at the time.
On May 9th of 2015, the Town held a Traffic Calming Open House to introduce the idea of traffic calming and the potential tools that San Anselmo could use on their neighborhood streets. The Central Marin Police Authority (CMPA), Ross Valley Fire Department (RVFD), Town Staff, and transportation consultants were present to facilitate and answer questions and comments from the public.
Based on input received at the Open House and lessons learned from implementing traffic calming programs throughout Marin County and the Bay Area, Staff along with David Parisi of Parisi Transportation Consultants prepared the attached Traffic Calming Guidebook (Attachment 1). A key element of the updated guidebook is a description of the process required of residents and Town staff to implement neighborhood traffic calming policies. The guidebook also updates the toolbox of traffic calming measures that can be implemented in the Town.
On March 8, 2016, a staff report, Attachment 1, on the draft Traffic Calming Guidebook was presented to Council to review. On May 10, 2016, the Town Council approved the Traffic Calming Guidelines. Traffic Calming is defined as the management of vehicular 125
Item #: 3.1
traffic speeds and volumes through educational, enforcement and/or engineering measures so their negative impacts on residents, pedestrians, bicyclists and schools are minimized.
The goals of the Town’s Traffic Calming Program are to:
Improve the safety and quality of life for residents, pedestrians, bicyclists, motorists, and students.
Promote compliance with traffic laws while minimizing reliance on police resources.
Approach residential traffic problems in a fair, consistent, and comprehensive manner.
Establish a program that functions consistently with, and as a complement to, other Town transportation programs and policies (particularly those related to Safe Routes to Schools and the Town’s adopted Bicycle and Pedestrian Plan). Recognize the unique character and integrated nature of the town’s streets, so that traffic and inappropriate driver behavior is not shifted onto other neighborhood streets.
Regularly use all available means of community outreach to encourage the availability and use of the program to interested residents, as well as inform the broader community.
Monitor and evaluate traffic calming measures and procedures over time so that the adopted program remains timely and effective.
Use traffic calming measures appropriate to the traffic problems, and problems and limit any potential adverse aesthetic and cumulative impacts to individual streets, the neighborhood, and the community.
DISCUSSION
The Town has many local narrow and winding streets with a state prima facie vehicular speed limit of 25 mph. However, 25 mph on many of the local streets can appear to be much faster and, in many instances, may be too fast. Therefore, many concerns are received throughout the year on an ongoing basis and the guidelines are a tool to help residents and staff identify, manage, and address traffic related issues in an organized and thorough manner.
Typically, initial contact is made by a resident regarding a concern on a town street.
Staff will often meet at the area of concern and gather some information while also directing residents to the Traffic Calming Guidelines and the process thereof. The typical approach is as follows:
1. Education is first consisting of reaching out to other neighbors, schools and or assistance from Safe Routes to School. If this step doesn’t address the issues at hand, then step 2 follows.
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2. Enforcement is second and often includes Central Marin Police increasing traffic enforcement in the area and installing a temporary stealth radar to determine the 85th percentile speed.
3. Engineering is the third tool and is typically last as it is the most expensive option and may include design and actual infrastructure improvements.
Over the past several months, staff has received requests for traffic calming from residents in several residential neighborhoods, and in particular, on San Anselmo Avenue between Center Boulevard and Sir Francis Drake Boulevard. The residents have concerns over apparent speeding vehicles over the state prima facie of 25 mph since few signs are posted. In addition, the residents initially supported new red curbs, but were worried that fewer parked cars may increase vehicle speeds.
The new red curbs on local streets are part of a Town program which staff has been implementing over the years to provide better emergency vehicle access and specifically for large fire engines. This program was previously presented to Council on May 14, 2019 and is a very important program to ensure first responders can safely and quickly respond to emergencies throughout Town including fires, medical emergencies like heart attacks, flooding, etc.
On San Anselmo Avenue, residents believed that the red curbs may have exacerbated the speeding issue. However, as can be seen on Attachment 2 - speed survey, the 85th percentile speed, which is the speed for 85% of the vehicles and the enforceable speed limit, was only 24 mph. This speed survey was conducted when school was out so another survey will be done during the school season.
While the speed was within the prima facie speed limit of 25 mph, there were some vehicles going too fast, but less than 10% of the total vehicles. This information could be used in theory to reduce the speed limit to 20 mph, which the staff is currently reviewing.
In addition, the Town is looking at a shared sign campaign to slow vehicles down on San Anselmo Avenue and potentially other streets. Safe Routes to School also has signage that can be used to educate the public. Lastly, the Town is also looking at potential improvements to the corner of Sir Francis Drake and San Anselmo Avenue which could slow down vehicles making the turn onto San Anselmo Avenue.
CONCLUSION
While traffic concerns and their impact to our Town and neighborhoods are always an ongoing issue, the Traffic Calming Guidelines provide a comprehensive and systematic approach to addressing issues that arise. There is no “one size fits all” for each area or issue that arises, but the current guidelines, when used correctly, can address many issues that arise related to vehicular, bicycle, or pedestrian travel. 127
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FISCAL IMPACT
For each neighborhood traffic calming analysis, there is a significant fiscal impact in staff time. If ultimately any infrastructure improvements are designed and implemented, costs could be significant. Given the recent loss of one engineer, staff has limited bandwidth for the many neighborhood requests.
GENERAL PLAN CONSISTENCY
The Traffic Calming Guidelines are consistent with the Town’s General Plan including the goals of the Circulation Element.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The existing Traffic Calming Guidelines are consistent with the Town’s Climate Action Plan including:
T-2: Bicycling
Encourage bicycling as an alternative to vehicular travel. Establish and maintain a system of bicycle facilities that are consistent with the Town’s Bicycle and Pedestrian Plan and Complete Streets policies.
T-3: Walking
Encourage walking as an alternative to vehicular travel through outreach channels and partner agencies. Establish and maintain a system of pedestrian facilities that are consistent with the Town’s Bicycle and Pedestrian Master Plan and Complete Streets policies. Develop a sidewalk improvement program and consider when property owners will be required to install sidewalks or pay fees in lieu of providing sidewalks to fund sidewalk improvement program.
T-4: Safe Routes to School
Continue to support the Safe Routes to School Program and strive to increase bicycling, walking, carpooling, and taking public transit to school. Promote school participation, identify issues associated with unsafe bicycle and pedestrian facilities between neighborhoods and schools, apply for Safe Routes to School grants, and execute plans to improve pedestrian and bicycle facilities.
ATTACHMENTS
Attachment 1 - Traffic Calming Guidelines
Attachment 2 – Speed Survey on San Anselmo Avenue
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SAN ANSELMO
TRAFFIC CALMING GUIDEBOOK
MAY 2016
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2 ACKNOWLEDGEMENTS
The Town of San Anselmo wishes to thank
the following people for their assistance
in the development of the
Neighborhood Traffic Calming Guidebook:
Town of San Anselmo Town Council:
Ford Greene, Mayor
Kay Coleman, Vice Mayor
Matt Brown, Council Member
Tom McInerney, Council Member
John Wright, Council Member
Traffic Safety Committee
Ross Valley Fire Department
Central Marin Police Authority
Town of San Anselmo Staff:
Sean Condry, Public Works Director
Dan Blomquist, Senior Engineer
Consultants:
David Parisi, Parisi Transportation Consulting
Curt Harrington, Parisi Transportation Consulting
CONTENTS
INTRODUCTION 3
TRAFFIC CALMING AND GOALS 4
TRAFFIC CALMING TOOLBOX 12
APPENDIX I: FORMS 33
APPENDIX II: FREQUENTLY ASKED QUESTIONS 36
All traffic calming measures described in this guide may not be feasible for all San Anselmo streets. For measures to be approved (in particular related to infrastructure improvements), community support, engineering evaluation, and Council approval are required as discussed in this guide.
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3 The Town of San Anselmo’s Neighborhood Traffic Calming Guidebook is designed to effectively manage traffic related concerns in residential areas. It provides San Anselmo residents with information on the available tools, as well as the necessary steps to seek traffic calming measures for their neighborhood.
Residents participate in developing and evaluating the various requirements, consider the benefits and trade-offs of different traffic calming measures, and become actively involved in the decision-making process.
The traffic calming program does not replace a resident’s ability to contact Public Works or the Police Department about maintenance, speeding, or other issues that do not fit the definition of traffic calming. These requests will be handled through standard Town procedures. Please go to the Town website and follow the link to the “Report a Concern” form in order to place maintenance-related issues.
On May 9th of 2015, the Town held a Traffic Calming Open House to introduce the idea of traffic calming and the potential tools that San Anselmo could use on their neighborhood streets. The Central Marin Police Authority (CMPA), Ross Valley Fire Department (RVFD), Town Staff, and transportation consultants were present to facilitate and answer questions and comments from the public. A brief presentation was given to summarize the purpose of traffic calming and the various education, enforcement and engineering tools that are used in similar towns that could also be used in San Anselmo. After the presentation, the public was encouraged to walk around and check out various traffic calming tool posters, and to provide their comments. Aerial posters were provided to help the public identify locations where traffic calming tools could potentially be useful.
Town Staff, CMPA, RVFD, the Traffic Safety Committee, and town consultants proceeded in creating the Traffic Calming Guidebook by incorporating comments from the open house. Staff met the various stakeholders throughout the draft process to fine tune the Guidebook. A final draft Neighborhood Traffic Calming Guidebook will be presented to the Town Council for review and adoption.
INTRODUCTION
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4 The Town of San Anselmo defines traffic calming as “the management of vehicular traffic speeds and volumes through educational, enforcement and/or engineering measures so that their negative impacts on residents, pedestrians, bicyclists and schools are minimized.” Many residents of San Anselmo are concerned with traffic speeds and volumes on their neighborhood streets.
The goals of the Town’s Traffic Calming Program are to:
• Improve the safety and quality of life for residents, pedestrians, bicyclists, motorists, and students.
• Promote compliance with traffic laws while minimizing reliance on police resources.
• Approach residential traffic problems in a fair, consistent, and comprehensive manner.
• Establish a program that functions consistently with, and as a complement to, other Town transportation programs and policies (particularly those related to Safe Routes to Schools and the Town’s adopted Bicycle and Pedestrian Plan).
• Recognize the unique character and integrated nature of the town’s streets, so that traffic and inappropriate driver behavior is not shifted onto other neighborhood streets.
• Regularly use all available means of community outreach to encourage the availability and use of the program to interested residents, as well as inform the broader community.
• Monitor and evaluate traffic calming measures and procedures over time so that the adopted program remains timely and effective. • Use traffic calming measures appropriate to the traffic problems, and limit any potential adverse aesthetic and cumulative impacts to individual streets, the neighborhood, and the community.
TRAFFIC CALMING AND GOALS
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5 All neighborhood streets in the Town of San Anselmo with dedicated public right of way are eligible for traffic calming. However, the Town’s arterial roadways, such as Sir Francis Drake Boulevard, Center Boulevard, Butterfield Road, and Red Hill Avenue are not eligible for neighborhood street traffic calming. It is the intention of this Guidebook to keep traffic on these arterials whenever possible. Arterial roadways provide a higher degree of mobility, serve key emergency response and truck routes, and through traffic is encouraged to use such roadways.
The use of any major engineering measures along collector roadways, evacuation routes, and truck and bus routes must be approved by the Central Marin Police Authority, Ross Valley Fire Department, and Public Works departments. Some of these measures can result in significant problems for emergency response vehicles (e.g., fire trucks, ambulances), large numbers of motorists evacuating an area, trucks transporting delicate goods, or passenger buses. Collector streets in San Anselmo include San Francisco Boulevard, Broadmoor Avenue, Forbes Avenue, San Anselmo Avenue, Ross Avenue, Bolinas Avenue, Greenfield Avenue, Sequoia Drive, Hilldale Drive, Barber Avenue, and Saunders Avenue.
Streets Eligible for Traffic Calming
Rosemont Ave.
Butterfiedl Rd. Caletta Ave.
Woodside Dr.
Rutherford Ave.
Red Hill
Shopping Center
Oak Knoll Dr.
Valley Rd. Valley Rd.
Kent Ave.
Saunders Ave.
San Francisco Blvd.
Sais Ave.
Madrone Ave.
Bridge St.
Bank St.
Ross Ave.
Bolinas Ave.
Barber Ave.
Center Blvd.
Greenfield Ave.
Redwood Rd.
San Anselmo Ave.
Red Hill Ave.
THE HUB
Sierra Ave.
Sunny Hills Dr.
Sleepy Hollow Creek SirFrancis Drake Blvd.
Sycamore Ave.
Sequoia Dr.
Broadmoor Ave.
SirFrancis D rake Blvd.
Forbes Ave.
Hilldale Dr.
TOWN OF
SAN ANSELMO
Streets that are
not arterial roads
are eligible for
traffic calming.
LEGEND
Arterial roadways, which are not eligible for traffic calming Collector roadways, which require Police, Fire and Public Works approval for major engineering measures
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6 DESCRIPTION RESPONSIBILITY RELEVANT DOCUMENTS
STEP 1 – REQUESTING ACTION
Report the concern to the Town’s Public Works Department Applicant Traffic Safety Request (Online) Provide educational materials to applicant if location is eligible for traffic calming Town Staff Traffic Calming Guidebook STEP 2 – NEIGHBORHOOD TRAFFIC SAFETY EDUCATION AND ENFORCEMENT If applicable, ensure adequate neighborhood support
(minimum of 5 individual property owners)
Applicant Petition for Neighborhood Traffic &
Safety Education
Determine the affected area/neighborhood boundary Town Staff Implement a Neighborhood Traffic and Safety Education program for no less than 6 months Applicant Evaluate effectiveness of education and enforcement measures, and determine if further steps are necessary
Town Staff, Applicant
STEP 3 – LEVEL 1 ENGINEERING MEASURES
Collect data to document issue, including traffic counts, collision history, and travel speeds, etc. Town Staff Complete a Traffic Calming Priority Worksheet for all traffic calming requests eligible for Level 1 traffic calming measures
Town Staff Traffic Calming Priority Worksheet
Establish a Neighborhood Committee to study and implement Level 1 traffic calming solutions Applicant, Town Staff Within 6 months of implementation, collect data and prepare a report documenting “before & after” conditions to determine success of Level 1 actions Town Staff Level 1 Traffic Calming Evaluation
Report
The Neighborhood Traffic Calming Process
This section describes the process required to implement neighborhood traffic calming policies. The following table is a summary of the key steps, who is responsible for initiating each step, and the applicable documents to use.
Applicants must complete each step before continuing to the next one. Samples of the forms mentioned below can be found in Appendix I.
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7 DESCRIPTION RESPONSIBILITY RELEVANT DOCUMENTS
STEP 4 – LEVEL 2 ENGINEERING MEASURES
Hold an Open House to determine neighborhood support of Level 2 traffic calming measures (more than 50% of the property owners within the affected area/neighborhood) Town Staff Voting Postcards
Develop a Traffic Calming Plan that describes recommended traffic calming options, tools, costs, and financing
Neighborhood Committee Draft Traffic Calming Plan
Meet with the Bicycle and Pedestrian Advisory Committee and the Safe Routes to Schools Task Force for input on the Draft Plan
Neighborhood Committee
Host a second public Open House to share the findings and traffic calming recommendations Neighborhood Committee Revise and develop a final Level 2 Traffic Calming Plan Neighborhood Committee Final Draft Traffic Calming Plan Distribute a summary of the proposed Traffic Calming Plan, along with a voting card, to all households in the affected area/neighborhood
Town Staff Traffic Calming Plan Summary with
voting card
Ensure necessary support for Level 2 Traffic Calming Plan (minimum 60% of the returned ballots)
Neighborhood Committee,
Town Staff
Present the proposed Plan to the Town Council for approval or further refinement Neighborhood Committee, Town Staff
Final Traffic Calming Plan
STEP 5 – TRAFFIC CALMING EVALUATION
After a minimum of one year, evaluate the effectiveness of the Plan and report to the affected area/neighborhood and Town Council
Town Staff Technical Memorandum
The Neighborhood Traffic Calming Process
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8 STEP 1 – REQUESTING ACTION
The first step in the traffic calming process is to report the issue of concern to the Town of San Anselmo Public Works Department using the Traffic Safety Request form, available online or as a hardcopy. A request can be filed by an individual, on behalf of a group of residents, or by any concerned group.
If the issue is related to traffic calming and the subject street(s) is (are) eligible for traffic calming (i.e., on an approved collector street or a neighborhood street, not an arterial roadway and owned or maintained by the Town of San Anselmo), Public Works staff will notify the applicant and provide them with a copy of the Town’s Neighborhood Traffic Calming Guidebook.
If the issue is maintenance-related (e.g., vegetation removal, curb painting, sign replacement) or deemed an immediate safety hazard, Public Works staff will notify the applicant, generally within 10 working days from the receipt of the request, and provide a proposed response and timeline to address the issue.
In these cases, traffic calming is not applicable and no further steps related to traffic calming will be taken.
STEP 2 – NEIGHBORHOOD TRAFFIC EDUCATION
AND ENFORCEMENT
To begin the Neighborhood Traffic and Safety Education program, an individual applicant will be required to confirm widespread neighborhood concern and interest in the issue raised. In order to do so, the applicant is required to submit a petition supported by a minimum of five individual property owners in the vicinity of, and potentially affected by, the traffic calming issue. A petition is not required if the original Traffic Safety Request form was filed on behalf of a neighborhood or homeowners’ association, or other concerned group.
In consultation with other Town departments, Public Works staff will determine the affected area/neighborhood for the Neighborhood Traffic Safety and Education program. The boundaries of an affected area/neighborhood can be modified in response to succeeding levels of traffic calming, and the need to consider a wider area of potential impact. The final determination of the affected area/neighborhood boundary shall be made by the Director of Public Works.
Any costs associated with producing and disseminating the education materials will be borne by the Town. Multiple applications pertaining to the same traffic calming issues and affected area/neighborhood may be combined at this point in the process in order to address the issue collectively.
The Neighborhood Traffic Calming Process
Thank you. Additional Comments and/or Photo or Sketch
Provide attach any additional comments and/or a photograph or sketch , if necessary, to further explain concerns or suggested changes.
FOR TOWN OF SAN ANSELMO STAFF USE ONLY
Date request received:
Tracking number:
Action taken:
Action description:
Work order number and date (if applicable):
Applicant notified of outcome on:
Completed on:
Traffic Safety Request
This form is to request review of your transportation concern along a San Anselmo neighborhood public street.
Please fill out all sections and submit to:
Town of San Anselmo, Attn: Traffic Safety Committee, 525 San Anselmo Avenue, San Anselmo, CA 94940 Contact Person(s) Information Requested by:
Printed name:
Address:
Phone:
Email:
Date:
Individual property owner or resident
Neighborhood / condo association
Other interested group (specify):
Location of Concern
Please describe the location of concern, as well as the affected area (other streets, neighborhood).
Traffic and/or Safety Concern
Please describe the nature of the neighborhood traffic and/or safety issue you are concerned with.
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9 For any Traffic Safety Request that is eligible for traffic calming, the affected area/neighborhood must initiate and actively engage in a Neighborhood Traffic Safety and Education program for a period of time (to be determined by Public Works in consultation with the applicant, but not less than six months) sufficient to determine its impact before any further traffic calming steps are taken. Depending on the characteristics of the traffic calming issue, the Neighborhood Traffic Safety and Education program may be expanded beyond the boundaries of the affected area/neighborhood in order to ensure adequate coverage and dissemination of education materials.
If the applicant feels that the education and enforcement measures have not sufficiently addressed the issue, he/she can request that further traffic calming steps be taken. Based on consultation with the applicant, the Town will evaluate the effectiveness of the education and enforcement program, and determine if Level 1 engineering measures may be appropriate.
STEP 3 – LEVEL 1 ENGINEERING MEASURES
As the next step in the traffic calming process, Public Works staff will collect specific data to document the issue, potentially including but not limited to, traffic counts, collision history, travel speed information, etc. In addition, Public Works will complete a Traffic Calming Priority Worksheet for all traffic calming requests eligible for Level 1 traffic calming measures. It is important to note that the prioritization process only allows the Town to commit resources to conduct an evaluation of potential Level 1 engineering measures.
Public Works staff will identify street(s) eligible for potential traffic calming action based on the overall score from the Traffic Calming Priority Worksheet.
Although the worksheet may be filled out at any time, the actual ranking of eligible traffic calming applications will occur as part of the Town’s Capital Improvement Program and Budget. Depending on the number of eligible applications and the availability of funding resources, there may be some years when traffic calming applications are funded in a future budget cycle.
For the affected area(s)/neighborhood(s) selected for traffic calming, Public Works staff will work with the applicant(s) to establish a Neighborhood Committee which will include a Resident Coordinator. This group will consist of a broad representation of residents (including affected businesses, schools, neighborhood or homeowners’ associations), Town staff (including representatives from the Fire, Police, and Public Works departments), and key stakeholders (including members of the Bicycle and Pedestrian Advisory Committee and the Safe Routes to Schools Task Force). The Resident Coordinator will be responsible for representing the affected businesses, schools, neighborhood or homeowners’ associations and coordinating with the Town Staff within the Neighborhood Committee.
This worksheet will be completed by the Town of San Anselmo staff in accordance with the Town’s Neighborhood Traffi c Calming Program. It will be used to prioritize the potential initiation of specifi c neighborhood traffi c calming processes. Note that the highest scoring “street” will be used if multiple streets are included in the study area.
Date: Name of neighborhood:
Limits of study area:
Neighborhood Traffi c Calming Priority Worksheet
1. Traffi c Volumes (mid-week volumes within last two years) Greater than 2000 vehicles per day = 8 points
1,500 to 2,000 vehicles per day = 6 points
1,000 to 1,500 vehicles per day = 4 points
Less than 1,000 vehicles per day = 0 points
2. Reported Collision History on Local Streets
More than 5 collisions in a 3-year period = 12 points
2 to 4 collisions in a 3-year period = 9 points
1-3 collisions in a 3-year period = 6 points
3. Travel Speeds
85th percentile speed > 10+ mph over speed limit = 10 points 85th percentile speed > 5+ mph over speed limit = 6 points 85th percentile speed > 3+ mph over speed limit = 3 points
4. Pedestrian Facilities
There is essentially no pedestrian space available = 5 points The pedestrian space needs improvement = 3 points
5. Schools and Activity Centers
The street is used as a primary access route to school, transit, shops,community facilities, etc.
3 points for each school, 2 points for each other activity center destination. (10 points maximum total.)
Unique Conditions
Unique conditions prevail such as sight distance constraints, parking on sidewalks, high truck volumes. (5 points maximum total.) Total Score (Maximum of 50):
Prepared by:
The Neighborhood Traffic Calming Process
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10 The goal of this phase of the program is for the Neighborhood Committee to investigate and implement possible solutions that do not involve the use of physical controls on the roadway system. These will primarily be additional and more focused education and enforcement-based measures, as well as traffic signing and pavement markers.
Within six months after implementation, Public Works staff will collect data to determine if the Level 1 actions are successful. Staff will prepare a report to document the “before and after” conditions and provide the results to the Neighborhood Committee. The report will also evaluate whether or not Level 2 traffic calming measures could potentially be appropriate in the future. If it is determined that Level 1 measures have been effective, no further traffic calming steps will be taken.
STEP 4 – LEVEL 2 ENGINEERING MEASURES
Level 2 traffic calming measures will only be considered when Public Works staff determines that the following criteria have been met:
1. The affected area/neighborhood has effectively applied all appropriate measures of the Neighborhood Traffic Safety and Education program;
2. The affected area/neighborhood received the highest priority ranking for Level 1 traffic calming;
3. The Level 1 Traffic Calming Evaluation Report finds that Level 2 measures could potentially be appropriate; and
4. More than 50% of the property owners within the affected area/ neighborhood support consideration of Level 2 traffic calming measures.
To meet the last criterion, an Open House will be held by the Neighborhood Committee to discuss their progress and the possibility of pursuing Level 2 traffic calming measures. Property owners will then be polled using a postcard (with return postage provided) sent via regular mail by the Town. Interest in Level 2 traffic calming will be based on the overall number of postcards received, i.e., no response from a property owner will be deemed a “no” vote.
The Neighborhood Committee will meet regularly to review issues, observe user behaviors and field conditions, identify specific goals, confirm the affected area/neighborhood, determine data needs, request additional data, participate in collecting data, discuss appropriate Level 2 traffic calming measures, develop and evaluate options, estimate costs, and discuss funding. Multiple meetings will be needed.
The Neighborhood Committee will coordinate with the Town’s Bicycle and Pedestrian Advisory Committee and Safe Routes to School Task Force, as appropriate.
The goal of the Neighborhood Committee will be to develop a Traffic Calming Plan that is appropriate for the affected area/neighborhood, consistent with the goals of the Town’s traffic calming program, and that will describe recommended traffic calming options, tools, costs, and financing (including potential contributions from property owners).
The Neighborhood Traffic Calming Process
Crosswalk Improvements
Raised Crosswalks
Sidewalks and Pathways
Median Islands
Intersection Curb Extensions / Chokers
Bicycle Route Signings / Markings
Potential Traffic Calming Tools: Engineering
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11 The Neighborhood Traffic Calming Process
The Neighborhood Committee will host a second public Open House to share the findings and traffic calming recommendations. The Town will notify all households in the affected area/neighborhood about the public open house using the Town’s website, newsletters, social networking, and other means, as appropriate. Based on input received at the public Open House, the Neighborhood Committee will revise and develop a final Level 2 Traffic Calming Plan. Town staff will summarize the proposed plan and distribute it by regular and electronic mail to all households in the affected area/neighborhood.
Along with the plan, the Town will distribute a voting card to be returned by the residents.
To be eligible for final approval by the Town Council, at least 50% of the property owners within the affected area/neighborhood must vote on the proposed Level 2 Traffic Calming Plan. Of those voting, a minimum of 60 percent must support the proposed Level 2 measures, including, where necessary, a commitment to share the costs of the improvements.
Once the Town has determined the necessary support for the Level 2 Traffic Calming Plan, the proposal will be brought to the Town Council. Following a duly noticed public hearing, the Town Council will either:
1. Approve the plan and funding allocation, including whether or not the property owners in the affected area/neighborhood shall share in the costs of the proposed traffic calming measures, and direct Public Works to develop an implementation schedule; or
2. Send the plan back to the Neighborhood Committee for further refinements based on the input from the public hearing.
STEP 5 – TRAFFIC CALMING EVALUATION
Once a Level 2 Traffic Calming Plan has been fully implemented and in effect for a period not less than one year, Public Works staff, in conjunction with other Town departments, will evaluate the effectiveness of the plan (including benefits, impacts, etc.). The results will be summarized in a Technical Memorandum, and submitted to the affected area/neighborhood, as well as the Town Council.
Based on this evaluation, Town staff may recommend modifications to, or removal of, Level 2 traffic calming features.
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12 TRAFFIC CALMING
TOOLBOX
The following sections include a brief description, the advantages and disadvantages, and photographs of each tool.
In addition, approximate relative costs have been included.
COST LEGEND
$ = Least Expensive $$ = Moderately Expensive
$$$ = Very Expensive $$$$ = Most Expensive
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13 NEIGHBORHOOD TRAFFIC EDUCATION
By empowering residents to influence driving behavior, education can be a very effective traffic calming tool.
Neighborhood education campaigns typically focus on subjects such as pedestrian safety, bicyclist behavior, vehicular speeding, distracted driving, stop sign running, vehicles parked on sidewalks, overgrown shrubbery blocking sidewalks and sightlines, and many more issues. It can take a variety of forms, some of which can be applied on a townwide basis, while others are more localized.
Advantages: • Allows residents to discuss views
• Information can be aimed at specific issues and audiences • Can be applied quickly without a formal review process • Heightens awareness of some undesired behaviors
Disadvantages: • Requires periodic reminders and reinforcement • Requires dedicated time on behalf of Town staff and on resident volunteers Approx. Cost: $
CHILDREN CROSSING
PLEASE SLOW DOWN.
CHILDREN CROSSING
PLEASE SLOW DOWN.
StreetSmartsMarin.org Transportation Authority of Marin
STREET SMARTS
Street Smarts is a traffic calming educational program offered in Marin that works on many levels through outdoor advertising (neighborhood signs and banners) and the press, community events, school activities, and neighborhood initiatives. Street Smarts offers a community traffic safety program available for communities to present in order to raise awareness, change attitudes and improve driving, pedestrian and bicycling behaviors. Aimed at “hot spot” locations where traffic infractions often occur, Street Smarts has proven to be highly successful in encouraging positive change.
Advantages: • Information can be aimed at specific issues and locations • Proven effective in reminding roadway users of inappropriate behaviors • Provides a consistent message and format across several jurisdictions in Marin County Disadvantages: • Should be deployed selectively to maintain effectiveness • Most effective when deployed in combination with other education and enforcement tools Approx. Cost: $
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14 NEIGHBORHOOD SIGN CAMPAIGN
The Town can loan yard signs to a neighborhood on a short-term basis to encourage motorists to respect the neighborhood and to drive responsibly. Every few days, residents may move the signs around the neighborhood to different yards so drivers and pedestrians notice the newly placed signs.
Advantages: • Novelty of new signs draws attention to the message • Requires multiple neighbors to support, therefore broadening the reach of the message • Short duration of sign placement help[s keeps the message fresh Disadvantages: • Requires regular sign replacement and updates as signs wear down • Effectiveness may diminish with repeat usage
Approx. Cost: $
NEIGHBORHOOD PLEDGE PROGRAM
This program promotes safe and courteous driving through the use of two elements: a pledge and a bumper sticker. Residents are asked to sign a pledge and implement it into their own driving habits and lifestyles. A bumper sticker promotes courteous driving and identifies the person as a “pace” car driver. By setting the example for proper driving, the vehicle sets the pace or speed for other vehicles on the road by requiring cars behind the pace car to also drive within the speed limit. The intended benefit of a neighborhood pledge program is to get residents to recognize that their driving behavior impacts the livability of other residents’ streets.
Advantages: • Heightens awareness of vehicle travel speeds • Residents set the “pace” for drivers behind them
• Demonstrates neighborhood support for courteous driving habits Disadvantages: • Requires broad participation and/or education of program’s goals • May create ill will or tension among neighbors
Approx. Cost: $
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15 TRASH CAN BRIGADE
Residents place stickers encouraging proper driving on their curbside garbage and recycling containers, as to be visible without blocking sidewalks and pathways. Large format stickers remind motorists to obey the speed limit, drive responsibly, or other desired behavior. Once each week, when the containers are placed at the curb, residents and passers-by are reminded, en-masse, of the safety message.
Advantages: • Limited appearance of stickers heightens impact • Demonstrates a neighborhood’s values and support for appropriate driving behavior • Message may reach motorists driving through the neighborhood who aren’t usually reached by education efforts
Disadvantages: • Messages appear only one day a week
• Over time, stickers will need to be replaced
• May require coordination with trash and recycling companies Approx. Cost: $
DANGEROUS DRIVER – TRAFFIC COMPLAINT
Citizens can report a speed ing or dangerous driver to the Central Marin Police Authority (CMPA) via their Citizen’s Concern Form found online at: https://ca-marinpolice.civicplus.com/requesttracker.aspx. After receiving the complaint, the CMPA will send out a warning letter to the registered owner of the offending vehicle.
Advantages: • Provides warning letter to inform registered owner that their vehicle was spotted driving too fast or dangerously
• May influence driver’s future behavior
Disadvantages: • Does not address immediate potential safety danger • May apply to another person driving car (not the registered owner) or may be ignored by registered owner
Approx. Cost: $
3 EDUCATION
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16 NEIGHBORHOOD SPEED WATCH
A neighborhood speed watch is designed to identify speeding drivers and remind them to slow down and exercise caution on neighborhood streets. In order to conduct a speed watch, a trained resident borrows a radar gun from the Town, and then collects traffic information for the area of concern (e.g., date, time, direction of travel, vehicle license number, and speed). Typically, two people are needed—one person to measure the vehicle speeds and read out the license plate numbers, and another to record the information. After receiving the results of the study, the Town sends the owners of the most egregious speeding vehicles a letter stating when, where, and by how much their vehicle was observed speeding. The owners also receive educational information about the problems generated by speeding.
Advantages: • Letter from local law enforcement may increase driver awareness and compliance • May allow parents to become aware of a child’s driving habits Disadvantages: • Registered vehicle owner who receives letter may not be the high-speed driver • Program requires monitoring by staff to avoid potential abuse or harassment • Requires accurate notation of vehicle license plate
Approx. Cost: $
NEIGHBORHOOD MAINTENANCE
It is critical to traffic safety that a driver’s line of sight remain free and clear of obstructions. Streets and sidewalks that are covered with overgrown vegetation or other objects may block signs, sidewalks, and obstruct vision of pedestrians, bicyclists and motorists. Maintenance of sidewalks and parkway spaces is the homeowner’s responsibility under State Streets and Highways Code and San Anselmo Municipal Code (Section 7-5.02). Homeowners have an obligation to take care of any vegetation or obstructions that represent a potential traffic safety hazard.
Advantages: • Provides early action to correct or prevent problems Disadvantages: • Some residents with overgrown vegetation at a critical location may refuse, or be physically unable, to maintain their property
• If a problem is identified, the Town may require additional pruning Approx. Cost: $
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17 PORTABLE SPEED DISPLAY
A speed display unit is a portable trailer that measures each approaching vehicle’s speed. The vehicle’s speed is often displayed next to the legal speed limit, reminding speeding drivers to slow to the speed limit. The trailer can be placed on a street for a limited amount of time and then relocated to another street, allowing a single device to be effective in many locations.
Speed display units can be used on streets where speeding is a problem and there is adequate space to accommodate the trailer.
Advantages: • Provides immediate feedback to drivers on their driving speed • Does not slow emergency vehicles
• Effective in reducing speeds in the short-term
Disadvantages: • Not an enforcement tool
• Requires Town staff set-up and removal
• Effectiveness may be temporary
• Less effective on multi-lane roads
• Subject to vandalism
Approx. Cost: $
3 EDUCATION
TARGETED POLICE ENFORCEMENT
On neighborhood streets with documented traffic issues, the Central Marin Police Authority can deploy officers to perform targeted enforcement and issue citations when necessary. The intended benefit of increasing police presence is to make drivers aware of local speed limits and other traffic laws. It is most applicable on streets with documented speeding problems or notable stop sign/red light violations that need quick mitigation.
Advantages: • Visible enforcement very effective
• Driver awareness increased
• Can be used on short notice
• Can reduce speeds temporarily
• May influence the behavior of other motorists by seeing a citation or warning being issued Disadvantages: • Labor intensive for the police
• Effect may be temporary unless there is regular reinforcement by police Approx. Cost: $$
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18 CROSSWALK IMPROVEMENTS
Pedestrian crosswalks create a safer walking environment by increasing motorist awareness to pedestrian crossing locations. Improvements can consist of installing new crosswalks or providing higher visibility crosswalks.
In order to increase crosswalk visibility to drivers, higher visibility crosswalks use a series of stripes oriented perpendicular to traffic instead of two longitudinal lines, additional crosswalk-related signing, and/or advance pavement markings. New crosswalks, when warranted, designate pedestrian crossing areas and require ADA compliance.
Advantages: • Indicates preferred crossing location and focuses crossing pedestrians at a single location • May slow travel speeds when pedestrians are present
• Focuses crossing pedestrians at one location
Disadvantages: • Provides a lesser degree of control over traffic compared to stop signs and traffic signals • Require more maintenance than traditional crosswalks
• May require additional improvements to comply with ADA standards, e.g., curb ramps Approx. Cost: $$
BICYCLE ROUTE SIGNINGS /MARKINGS
A bicycle route along a residential street may be signed with bicycle route signs and marked with shared lane pavement markings (bicycle plus arrow marking). Shared lane pavement markings do not designate a particular part of the street for exclusive use by bicyclists but simply guide bicyclists to the best place to ride. Shared lane markings also help motorists expect to see and share the travel lane with bicyclists. Any new bicycle route signing or markings must undergo traffic engineering analysis and be approved by the Town.
Advantages: • Guides bicyclists to align themselves in the lane outside the “door zone” of parked cars • Guides bicyclists to ride in the same direction of traffic, and not on the sidewalk • Improves the position of motorists and bicyclists on roads without bike lanes • Can reduce aggressive motorist behavior and increase comfort of bicyclists on shared roads Disadvantages: • Requires maintenance of shared lane pavement markings Approx. Cost: $$
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19 LANDSCAPING
The presence of street trees, and other landscaping, can provide a perception of a narrower street width to the driver. It creates a slower speed environment that is more conducive to pedestrians. Before planting any trees or shrubs, residents should check their property lines, as well as with their neighborhood associations and local arborist for appropriate plant selections. Planting trees in the public right of way requires an Encroachment Permit from the Town. The Town also has a list of recommended tree species.
Advantages: • May slow the speed of traffic
• Aesthetically pleasing
Disadvantages: • Residents are responsible for maintaining landscaping and keeping pedestrian sidewalks and paths free from obstructions
• Landscaping would increase maintenance costs
Approx. Cost: $$
SUPPLEMENTAL SIGNS AND PAVEMENT MARKINGS
On some streets, additional signage or pavement markings could assist in drawing motorist’s attention to particular roadway conditions. Advance warning signs (e.g., pedestrian crossing ahead), supplemental regulatory signs (e.g., an added speed limit sign), “Share the Road” signs, and pavement markings (e.g., “Keep Clear”, “Ped Xing”) can be used, when warranted, based on engineering studies.
Advantages: • May highlight lesser-known roadway features • Increases awareness
• Inexpensive to install
Disadvantages: • Excessive signage or markings reduces effectiveness Approx. Cost: $$
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20 STRIPING CENTERLINES
Striping for traffic calming is typically used to narrow lanes to about 10 feet wide. The primary benefit is to delineate lanes and to slow vehicle speeds. In addition, a centerline stripe helps drivers stay on the “right” side of the road and not use the entire roadway width as a travel lane. This is particularly useful on the narrow, curving neighborhood streets in the town. On wide roadways, the “unused” pavement created by restriping can sometimes be used to stripe a bicycle lane, a parking lane, or a pedestrian shoulder.
Advantages: • Can be quickly implemented
• Can slow travel speeds
• Improves safety by clearly designating travel paths for vehicles Disadvantages: • May require additional reinforcement through education and enforcement • May be incongruous with the typical look of a neighborhood street Approx. Cost: $$
STRIPING NARROW LANES
Edge-line striping is used to create narrow travel lanes (e.g., 10-foot), in order to give the impression of a skinny street. This visual narrowing encourages drivers to lower their speed. Edge-line striping is most applicable on wider residential streets where speeding is an issue. Any “unused” pavement created by re-striping can sometimes be used to stripe a parking lane or a pedestrian shoulder.
Advantages: • Inexpensive to install
• Can be implemented quickly
• Can be used to delineate on-street parking
• Can improve safety by clearly delineating travel paths for various roadway users • Does not slow emergency vehicles
Disadvantages: • Increases regular maintenance cost
Approx. Cost: $$
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21 ROADWAY SHOULDER STRIPING
Striping a shoulder narrows the vehicular lane while providing space for a pedestrian shoulder or parking lane.
Advantages: • Inexpensive to install
• Shoulder can be used for pedestrian or bicyclist right-of-way or parking • Can be implemented quickly
• Can be used to delineate on-street parking
• Can improve safety by clearly delineating travel paths for various roadway users • Does not slow emergency vehicles
Disadvantages: • Increases regular maintenance cost
Approx. Cost: $$
STAGGERED STREET PARKING
Providing designated spaces with markings can reduce the effective width of travel lanes, thereby slowing travel speeds. On streets with enough width, parallel parking alternating between sides of the road forms S-shaped driving path curves which slows driving speeds.
Advantages: • Can slow travel speeds
• Can add parking capacity
• Illustrates legal parking areas to drivers
Disadvantages: • May require additional reinforcement through education and enforcement Approx. Cost: $$
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22 RESTRICTED MOVEMENTS
Movement restrictions prevent cut-through traffic and undesired turns onto neighborhood streets from collector and arterial streets. Measures may include signs and traffic channelizers. While they are inexpensive to install, they can divert traffic to other neighborhood streets and require enforcement to be fully effective.
Advantages: • Reduces cut-through traffic
• Low-cost
• Can be designed to not restrict bicycle traffic
Disadvantages: • Requires enforcement to be fully effective • May divert traffic onto other neighborhood streets
Approx. Cost: $$
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23 SIDEWALK AND PATHWAY IMPROVEMENTS
Continuous sidewalks and pathways are a critical component in creating a safe environment for pedestrians.
Because of the semi-rural setting in many parts of the Town, however, residential streets often do not have any frontage improvements (e.g., curb and gutter, and sidewalks). To best serve the needs of pedestrians, sidewalk facilities should be improved as part of a traffic calming project where possible.
Advantages: • Enhances pedestrian safety
• Opportunity for landscaping
• Can slow vehicle travel speeds due to narrower lanes
Disadvantages: • Can change rural characteristic of neighborhood • May remove some on-street parking
• Landscaping requires maintenance by residents
• May decrease street drainage
• May require construction of gutters or other storm drain features Approx. Cost: $$$
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INTERSECTION CURB EXTENSIONS / CHOKERS
Curb extensions reduce a roadway’s width between its curbs, thereby increasing pedestrian visibility to oncoming vehicles and reducing the intersection crossing distance. Curb extensions can be accomplished by extending the curbs at an intersection towards the center of the roadway, or by building raised islands in the roadway, which allow for drainage and bike lane passage. Both measures tighten curb radii at the corner, shortening the pedestrian crossing distance and reducing the speeds of turning vehicles.
Advantages: • Improves pedestrian circulation and space • Through and left-turn movements are easily negotiable by large vehicles • Creates protected on-street parking bays
• Shortens pedestrian crossing distance
• Opportunity for landscaping and entrance feature
• Reduces speeds (especially right-turning vehicles) and traffic volumes Disadvantages: • May slow right-turning emergency vehicles and large trucks • Potential loss of on-street parking
• May require reconstruction of gutters and storm drain features • May require bicyclists to briefly merge with vehicular traffic Approx. Cost: $$$
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RAISED CROSSWALKS
By raising the level of the crossing, pedestrians are more visible to approaching motorists. Raised crosswalks can be up to six inches high, 12 to 24 feet in length, and stretch the width of the street. They are outfitted with crosswalk markings and signage. Raised crosswalks are intended to reduce vehicle speeds where there is a large pedestrian crossing volume.
Advantages: • Improves pedestrian visibility to oncoming vehicles • Can provide positive aesthetic value with pavement treatments • Effective in reducing speeds
Disadvantages: • Textured materials, if used, can be expensive • Impact to drainage needs to be considered
• May slow emergency vehicle response time
• Increased noise to adjacent residences
Approx. Cost: $$$
RAISED MEDIAN ISLANDS
Raised islands, whether median barriers or channelizing islands, can be used to narrow lanes for speed control and/or to prohibit certain turning movements. Median barriers are raised islands that are located along the centerline of a street and continue through an intersection so as to block through movement at a cross street.
Channelizing islands are raised islands that block certain movements on approaches to an intersection. Both can also be used for pedestrian refuges at mid-crosswalk locations.
Advantages: • May reduce collision potential
• Can reduce pedestrian crossing distance when used as a pedestrian refuge • Provides opportunity for landscaping or other aesthetic features • Redirects traffic to major streets and reduces cut-through traffic Disadvantages: • If designed improperly, drivers can maneuver around a channelizing island to make an illegal movement
• Limits turns to and from the side street for local residents and emergency vehicles • Can shift traffic to other street(s)
• Landscaping requires maintenance by Town or residents Approx. Cost: $$$
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SPECIAL AND TEXTURED PAVEMENT
Intended to reduce vehicle speeds, textured pavement is usually provided at crosswalks or within entire intersections with colored paving material and stamped patterns, such as a brick design.
Advantages: • Aesthetically pleasing
• May reduce vehicle speeds
• May be used at an intersection or crosswalk location to increase visibility Disadvantages: • High maintenance costs
• Effectiveness may be limited
Approx. Cost: $$
GATEWAY TREATMENTS
Gateway entrance treatments are meant to slow drivers down by providing visual cues that tell drivers they are entering a local residential area or that the surrounding land uses are changing. Usually located at key entryways into a neighborhood, gateway treatments may consist of physical, textured, and visual changes to streets. They often consist of design features, such as changes in pavement, signage, planted medians, or chokers that narrow a street.
Advantages: • Can reduce vehicle speeds
• Announces a difference in driving environments
• Creates identity for neighborhood community, school or park area • Can discourage cut-through traffic
• Creates opportunity for landscaping or other aesthetic feature Disadvantages: • May require regular maintenance and irrigation • May require localized removal of parking
• May create physical obstruction
Approx. Cost: $$$
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FIXED SPEED DISPLAY FEEDBACK SIGNS
A speed display feedback sign is a device that measures each approaching vehicle’s speed. The vehicle’s speed is displayed next to the legal speed limit, reminding speeding drivers to slow to the speed limit. The device is attached to a pole and is not easily transferable to another location.
Advantages: • Provides immediate feedback to drivers on their driving speed • Does not slow emergency vehicles
• Does not requires Town staff set-up and removal after the initial installation • Effective in reducing speeds in the short-term
Disadvantages: • Not an enforcement tool
• Effectiveness may be temporary
• Less effective on multi-lane roads
• Subject to vandalism
Approx. Cost: $$$
SPEED HUMPS
Speed humps are rounded raised areas of pavement typically 12 to 14 feet in length. They are often placed in a series (typically spaced 300 to 600 feet apart).
Advantages: • Reduces traffic cut through volume and collision rate Disadvantages: • May cause jarring of emergency rescue vehicles • May divert traffic to other neighborhood streets
• Vertical deflection may cause distress to elderly or injured persons • May encourage rapid acceleration between speed humps
Approx. Cost: $$$
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SPEED CUSHIONS
Speed cushions are a variation of a speed hump with a shorter height and space between the cushions. Cushions are approximately 3-inches high, rectangular in shape, 6 feet wide, and 6 to 14 feet in length.
Advantages: • Effectively reduces vehicle speeds
• Does not require parking removal
• May reduce vehicular volumes
Disadvantages: • May divert traffic to other neighborhood streets • May encourage rapid acceleration between speed humps
• May slow emergency vehicles
Approx. Cost: $$$
MID-BLOCK CHOKERS
Chokers are midblock curb extensions that narrow a street by extending the sidewalk or widening the planting strip. Chokers are intended to reduce traffic volumes by making the roadway narrow so that only one car at a time can pass through it, or two cars can pass very slowly in opposite directions.
Advantages: • Reduces traffic volumes and speeds
• Reduces pedestrian crossing width and increases visibility of pedestrians • May be preferred by emergency response agencies over other traffic calming measures Disadvantages: • Potential loss of on-street parking
• May require reconstruction of gutters and storm drain features • May require bicyclists to briefly merge with vehicular traffic Approx. Cost: $$$
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TRAFFIC CIRCLES
Traffic circles are raised circular islands, placed in intersections of local streets, around which traffic circulates.
They are typically controlled by yield or stop signs on all approaches. Circles prevent drivers from speeding through intersections by impeding the straight-through movement and forcing drivers to slow down to yield.
Drivers must first turn to the right, then to the left as they pass the circle, and then back to the right again after clearing the circle. Traffic circles are appropriate on streets with low to moderate traffic volumes and speed limits of 35 miles per hour or less. The islands are often landscaped.
Advantages: • If designed well, can have positive aesthetic value • May reduce collision potential and collision severity • Effective in moderating speeds and improving safety
Disadvantages: • Difficult for large vehicles (such as fire trucks) to circumnavigate • Must be designed so that the circulating lane does not encroach on crosswalks • May slow emergency vehicle response time
• Potential loss of on-street parking
• Landscaping must be maintained, either by Town or by residents Approx. Cost: $$$
CHICANES
A chicane is a series of two or more staggered curb extensions on alternating sides of a roadway. Horizontal deflections like these cause motorists to reduce speed through the serpentine roadway Advantages: • Provides opportunity for landscaping
• Reduces vehicle speeds
• Enhances visual breaks in the streetscape
Disadvantages: • Poorly designed chicanes may still permit speeding by drivers cutting straight paths across center line
• Can impact driveway access and remove on-street parking • Landscaping must be maintained, either by Town or by residents Approx. Cost: $$$
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30 3 LEVEL 2 ENGINEERING TOOLS
FORCED-TURN CHANNELIZATION
Channelization at three-legged intersections forces previous straight-through movements to make slower turning maneuvers. The purpose of realigning intersections includes slowing traffic down, redirecting traffic, or providing a neighborhood gateway.
Advantages: • Reduces cut-through traffic
• May provide a neighborhood gateway
• More self-enforcing than signs
Disadvantages: • May divert traffic to other streets
• Can increase trip lengths
Approx. Cost: $$$
SEMI-DIVERTERS
Raised areas placed diagonally across a four-legged intersection. They prohibit through movements by creating two “L” shaped intersections. Semi-diverters are curb extensions that restrict movements onto a street. They are constructed to approximately the center of the street, obstructing one-way traffic. A one-way segment is created at the intersection, while two-way traffic is maintained for the remainder of the block.
Advantages: • Reduces cut-through traffic
• Opportunity for landscaping
• Reduces pedestrian crossing widths
• Maintains bicycle and pedestrian movement in the neighborhood Disadvantages: • May divert traffic to other streets
• May increase emergency response times
• Increased maintenance
Approx. Cost: $$
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TWO-WAY TO ONE-WAY STREET CONVERSION
This measure converts a segment of a two-way street to one-way operations. The primary benefit of two-way to one-way street conversions is reduction in cut-through traffic. May be used in conjunction with a semi-diverter.
Advantages: • Creates opportunity for active transportation and livable space • Reduces cut-through traffic
Disadvantages: • May increase trip travel time
• Forces traffic onto parallel routes
• May increase vehicular speeds
Approx. Cost: $$
RAISED INTERSECTION
A raised intersection is a flat, raised area covering an entire intersection with ramps on all approaches. It is typically about 4” high and finished with textured pavement.
Advantages: • Effectively reduces vehicle speeds at intersections • Enhances pedestrian safety
• Aesthetically pleasing
Disadvantages: • May require bollards to define the edge of roadway • Storm drainage modifications are necessary
• Slows emergency response times
Approx. Cost: $$
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WOONERFS /MODIFIED STREET DESIGN
“Woonerf” is a Dutch term meaning “living yard.” The street is designed with physical constraints that limit motorists to speeds under 10 mph. Streets can be completely redesigned to remove the need for sidewalks or curbs.
Advantages: • Reduces vehicle speeds and traffic volumes • Provides a public space for social interaction
• Provides opportunity for landscaping
Disadvantages: • Very expensive, especially as a retrofit Approx. Cost: $$$$
COMPLETE STREET CLOSURE
Full street closures are barriers placed across the entire width of the street. Consequently, through traffic is diverted from using the street, and the street is only open to pedestrians, bicyclists, and the residents living on the street. A full closure functions similar to a cul-de-sac or dead-end because these designs include only one point of entry/exit minimizing cut-through traffic. Full closure barricades are usually landscaped walls, gates, side-by-side bollards, or other constructed obstructions. Full closures should be designed to allow access for bicyclists.
Advantages: • Creates opportunity for active transportation and livable space • Removes all vehicular traffic from the street
• Provides opportunity for landscaping
• Increases safety for pedestrians, bicyclists and residents Disadvantages: • May increase trip travel time
• May result in increased traffic on parallel routes
• Increases emergency response times
Approx. Cost: $$$$
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33 Traffic Safety Request
This form is to request review of your transportation concern along a San Anselmo neighborhood public street.
Please fill out all sections and submit to:
Town of San Anselmo, Attn: Traffic Safety Committee, 525 San Anselmo Avenue, San Anselmo, CA 94940 Contact Person(s) Information Requested by:
Printed name:
Address:
Phone:
Email:
Date:
Individual property owner or resident
Neighborhood / condo association
Other interested group (specify):
Location of Concern
Please describe the location of concern, as well as the affected area (other streets, neighborhood).
Traffic and/or Safety Concern
Please describe the nature of the neighborhood traffic and/or safety issue you are concerned with.
Thank you. Additional Comments and/or Photo or Sketch
Provide attach any additional comments and/or a photograph or sketch , if necessary, to further explain concerns or suggested changes.
FOR TOWN OF SAN ANSELMO STAFF USE ONLY
Date request received:
Tracking number:
Action taken:
Action description:
Work order number and date (if applicable):
Applicant notified of outcome on:
Completed on:
APPENDIX I: Traffic Safety Request Form
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34 Petition for Neighborhood Traffic and Safety Education This form is to request initiation of the Neighborhood Traffic and Safety Education program.
Please fill out this page and submit to:
Town of San Anselmo, Attn: Traffic Safety Committee, 525 San Anselmo Avenue, San Anselmo, CA 94940 Contact Person(s) Information
Printed name:
Address:
Phone:
Email:
Date:
Printed name:
Address:
Phone:
Email:
Date:
Location of Concern
Please describe the location of concern, as well as the affected area (other streets, neighborhood).
Traffic and/or Safety Concern
Please describe the nature of the neighborhood traffic and/or safety issue you are concerned with.
Neighborhood Petition Signatures
Please provide the names and signatures of at least five residents and/or property owners within the affected area that support this request. Each person must reside at a different address and be at least 18 years of age. All persons signing this petition agree that the contact person(s) above represent the affected area/neighborhood. Use the back side for additional names and signatures, if necessary.
PRINTED NAME SIGNATURE ADDRESS
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35 This worksheet will be completed by the Town of San Anselmo staff in accordance with the Town’s Neighborhood Traffic Calming Program. It will be used to prioritize the potential initiation of specific neighborhood traffic calming processes. Note that the highest scoring “street” will be used if multiple streets are included in the study area.
Date: Name of neighborhood:
Limits of study area:
Neighborhood Traffic Calming Priority Worksheet
1. Traffic Volumes (mid-week volumes within last two years) Greater than 2000 vehicles per day = 8 points
1,500 to 2,000 vehicles per day = 6 points
1,000 to 1,500 vehicles per day = 4 points
Less than 1,000 vehicles per day = 0 points
2. Reported Collision History on Local Streets
More than 5 collisions in a 3-year period = 12 points
2 to 4 collisions in a 3-year period = 9 points
1-3 collisions in a 3-year period = 6 points
3. Travel Speeds
85th percentile speed > 10+ mph over speed limit = 10 points 85th percentile speed > 5+ mph over speed limit = 6 points 85th percentile speed > 3+ mph over speed limit = 3 points
4. Pedestrian Facilities
There is essentially no pedestrian space available = 5 points The pedestrian space needs improvement = 3 points
5. Schools and Activity Centers
The street is used as a primary access route to school, transit, shops,community facilities, etc.
3 points for each school, 2 points for each other activity center destination. (10 points maximum total.)
Unique Conditions
Unique conditions prevail such as sight distance constraints, parking on sidewalks, high truck volumes. (5 points maximum total.) Total Score (Maximum of 50):
Prepared by:
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36 Question: What is “Traffic Calming?”
Answer: Traffic calming is defined by the Town of San Anselmo as the management of vehicular traffic speeds and volumes through educational, enforcement and/or engineering measures so that their negative impacts on residents, pedestrians, bicyclists and schools are minimized.
Question: Is any road a candidate for traffic calming?
Answer: All neighborhood streets in the Town of San Anselmo with dedicated public right of way are eligible for traffic calming. However, the Town’s arterial roadways, such as Sir Francis Drake Boulevard, Center Boulevard, Butterfield Road, and Red Hill Avenue are not eligible for neighborhood street traffic calming. It is the intention of this Guide to keep traffic on these arterials whenever possible. Arterial roadways provide a higher degree of mobility, serve key emergency response and truck routes, and through traffic is encouraged to use such roadways.
The use of any Level 2 engineering measures along collector roadways, evacuation routes, and truck and bus routes must be approved by the Central Marin Police Authority, Ross Valley Fire Department, and Public Works departments. Some measures could result in significant problems for emergency response vehicles (e.g., fire trucks, ambulances), large numbers of motorists evacuating an area, trucks transporting delicate goods, or passenger buses.
Collector streets in San Anselmo include San Francisco Boulevard, Broadmoor Avenue, Forbes Avenue, San Anselmo Avenue, Ross Avenue, Bolinas Avenue, Greenfield Avenue, Sequoia Drive, Hillsdale Drive, Barber Avenue, and Saunders Avenue.
Question: What is Street Smarts Marin?
Answer: Street Smarts Marin is a traffic safety program that educates drivers, pedestrians, and bicyclists about safety issues in order to encourage positive behavior change. Street Smarts is designed to make Marin’s streets safer and friendlier and to reduce the number of traffic-related accidents. Through grant funding and community partnerships, Street Smarts offers engaging traffic safety programs at elementary, middle and high schools and the community at large. Find more information about Street Smarts at http:// www.streetsmartsmarin.org/.
Question: How can I install a stop sign near my house?
Answer: Stop signs are installed for right of way management at intersections where current traffic control is inefficient; and when the proposed location meets the stop sign installation criteria. Stop signs are not installed to slow vehicles or serve as traffic calming mitigation.
In order to analyze the effectiveness of stop sign control at an intersection, many factors must be considered, which include: traffic volumes, traffic accident history, pedestrian volumes, etc. Because stop signs are intended for right of way management, a specific traffic concern may be addressed through other traffic mitigation measures found in the Traffic Calming Program.
Question: Why is it necessary to maintain landscaping near the sidewalk and roadway near my property?
Answer: It is important to maintain clear sight lines and sidewalks so that roadway users have sufficient time to react to other roadway users and obstacles.
Question: What types of physical measures can be used?
Answer: Physical engineering measures involve altering the road layout or appearance, customarily with horizontal or vertical deflection. To learn about the different types of measures that could potentially be used in San Anselmo see the Traffic Calming Toolbox, pages 12 – 32.
Question: Are there less expensive options than physical measures? Answer: Increasing community awareness about the problem is an important first step. San Anselmo staff are available to speak to homeowners associations about traffic calming measures and to help raise awareness about advantages, disadvantages, approximate costs and funding options.
APPENDIX II: FREQUENTLY ASKED QUESTIONS
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Speed Enforcement Evaluator
Location:
San Anselmo Av
Closest Cross Street:
Klare Av
Analysis Dates:
Wednesday, August 9, 2023
Monday, August 14, 2023
Equipment Used:
Installed By:
026
Requested By:
SADPW
Total Percentage of
Enforceable Violations
0% 10%
Posted Speed Limit: 25 MPH
Enforcement Tolerance: 3 MPH
Enforcement Limit: 29 MPH & Up
Percentage Above Limit: 3.5%
Enforcement Rating: LOW
Lane1
Percent Above Limit: 3.0%
Enforcement Rating: LOW
Lane2
Percent Above Limit: 4.9%
Enforcement Rating: LOW
Your Company Name
Street Address
Location, Zip or Postal Code
Change These in File > Preferences > Titles
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