apply uniformly to the underlying zoning district.
b. Notwithstanding anything to the contrary in this section, no setback shall be required for an existing dwelling unit or a dwelling unit constructed in the same location and to the same dimensions as an existing dwelling unit. c. A setback of four (4) feet from the side and rear lot lines is required for a newly created dwelling unit.
d. Notwithstanding anything to the contrary in this section, the Town shall not impose objective zoning standards, objective subdivision standards, or objective design review standards that would have the effect of physically precluding the construction of two (2) dwelling units under this chapter on either of the newly created lots, or that would result in a dwelling unit size of less than 800 square feet.
e. A two-unit development shall comply with all applicable building, fire, safety, and environmental regulations including Title 9 Building Regulations, Title 5, Chapter 8, Urban Runoff Pollution Prevention and Title 7, Chapter 12, Watercourses unless otherwise provided for in this chapter or as required by State law.
f. The applicant shall acquire any required permits from the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) prior to issuance of a building permit and prior to conducting construction activity (including grading, vegetation removal, and site preparation) within any and all Waters of the State or Water of the U.S. under the jurisdictions of USACE, RWQCB or CDFW including: (1) a RWQCB Waste Discharge
Requirements permit and/or Section 401 Water Quality Certification; (2) a CDFW Streambed Alteration Agreement pursuant to Section 1600 et seq. of the California Fish and Game Code for impacts within the areas of CDFW jurisdiction; and (3) a USACE permit pursuant to Section 404 of the Clean Water Act.
10-4-406 – Conditions for Two-Unit Developments. The following applies regarding conditions for a two-unit development.
a. Offstreet parking of up to one space per unit is required, except that no parking shall be required in either of the following instances:
1. The parcel is located within one-half (1/2) mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
2. There is a car share vehicle located within one block of the parcel. b. For dwelling units connected to an onsite wastewater treatment system, a percolation test must have been completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years. c. Prior to issuance of a building permit under this chapter, the applicant shall record a restrictive covenant and agreement in a form prescribed by the Town Attorney that shall run with the land and provide that the property is restricted to residential uses only, and any dwelling unit on the property may be rented or leased only for a period of longer than thirty (30) days. The 137
Town Manager or designee is authorized to enter into the covenant and agreement on behalf of the Town and to deliver any approvals or consents required by the covenant.
10-4-407 – No Short Term Rentals. A two-unit development shall not be used for rental units for a period of less than thirty (30) consecutive days. 10-4.408 – Not Eligible for Two-Unit Development. The following properties are not eligible for a two-unit development pursuant to this chapter:
a. The proposed two-unit development would require demolition or alteration of any of the following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
3. Housing that has been occupied by a tenant in the last three (3) years.
b. Any parcel subject to the proposed housing development where the owner of the parcel has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.
c. The proposed two-unit development is in a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Town landmark or historic property or district pursuant to a Town ordinance.
Article 5. – Fees, Violations and Enforcement.
10-4.501 – Fees. The Town Council may establish and set by resolution all fees and charges, and related provisions, as may be necessary to effectuate the purpose of this chapter.
10-4.502 – Violations and Enforcement. The Town Attorney shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Violations of this chapter shall also constitute a public nuisance subject to abatement pursuant to the Municipal Code, and/or any other remedy allowed in the Municipal Code or State law. Remedies provided for in this chapter shall not preclude the Town from any other remedy or relief to which it otherwise would be entitled under law or equity. All remedies are cumulative. 138
SAN ANSELMO TOWN PLAZA
REVOCABLE LICENSE AGREEMENT
1. Parties.
This Agreement is entered into effective January 1, 2025 by and between Town of San Anselmo, a public entity (hereinafter “The Town”) and Jim Baum (hereinafter “Baum”).
2. The Premises and Dates of Use.
The Town hereby grants a revocable license to Baum to use the certain portions of the Town Hall Plaza lawns located at 525 San Anselmo Avenue as outlined in Exhibit 1, for use as an organic produce “Farm Stand” on Wednesdays year-round.
The Farm Stand will be located on the lawn in front of Town Hall on the area where decomposed granite is installed.
There is a maximum of four (4) tents allowed at any time. Tents measure approximately 10’ x
10.’
3. Term of License.
The term of this Agreement will be from January 1, 2025 through December 31, 2029, with specific permitted dates of operation as noted in Section 2. Upon mutual written agreement by the parties, this Agreement may be extended for an additional period upon terms acceptable to the parties. The terms and conditions of this Agreement will remain in full force and effect during any and all period(s) of extension of this Agreement. The Town reserves the right to revoke (terminate) this Agreement, without cause, on 24 hours written notice.
4. Consideration.
The consideration for this Agreement will be $3,120 per year. This represents a sixty dollars ($60.00) per day charge, payable the Town in four quarterly installments of $780 payable on January 1st, April 1st, July 1st and October 1st of each year. The contractor may deduct $60 for days where use was prohibited due to inclement weather.
5. Use.
The premises are to be used solely to sell organic produce, meats, fish, poultry and flowers. Baum is solely responsible for his agreements with customers and suppliers of the Farm Stand. No persons other than Baum may operate or work at the Farm Stand without the express written permission of the Town. Baum will set up, operate, and clean up the Farm Stand and all trash generated by the Farm Stand immediately after each day's operation of the Farm Stand. Baum will commit no waste or nuisance upon the Premises.
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The Town will reserve two parking spaces in front of Town Hall for off-loading but must move the truck after loading into the space designated for his truck on Library Place.
The premises may not be used for any other purpose other than those uses specified herein without the prior written consent of the Town, which consent, once granted, may be revoked at any time by the Town in its sole discretion.
6. Assignment.
Baum will not assign this License without the prior written consent of the Town. Any such assignment without the prior written consent of the Town will be void and, at the option of the Town, will terminate this Agreement.
7. Ordinances and Statutes.
Baum will comply with all statutes, ordinances, and requirements of all municipal, state, and federal authorities now in force, or which may later be in force, regarding the Farm Stand, Baum's purchase and sale of organic produce, and Baum's use of the premises. The commencement or pendency of any state or federal court abatement proceeding affecting the Farm Stand or the use of the premises will, at the option of the Town, be deemed a breach of this Agreement. Baum will obtain a valid Town of San Anselmo business license which he will keep in full force and effect throughout the entire term of this Agreement.
For the health and safety of visitors to the Farm Stand and Town Hall, Baum may not bring his dog to the Farm Stand.
8. Indemnification of the Town.
The Town will not be liable for any damages or injury to Baum, or any other person, or to any property, occurring on the premises, or occurring during or as a result of any action or activity on or off the premises by Baum, or any other person, related to the operation of the Farm Stand, or any other uses or activities that Baum or others conduct at the property. Baum agrees to hold the Town harmless, including payment of the Town’s attorneys’ fees, from any claims arising out of the license granted by this Agreement, Baum’s use of the premises, or Baum's operation of the Farm Stand, and to indemnify the Town for all expenses incurred by the Town in defending such claims.
9. Baum’s Insurance
Compliance with Insurance Requirements.
Baum will, at Baum’s sole expense, comply with all requirements, guidelines, rules, orders, and similar mandates and directives pertaining to the use of the premises, whether Docusign Envelope ID: CA650A30-1B7C-4AB4-8F81-60F82ECCFACB 14095
imposed by Baum’s insurer, the Town’s insurer, or both. If Baum’s use of the premises causes any increase in the premium for any insurance policies carried by the Town, Baum will, within ten (10) business days after receipt of written notice from the Town, reimburse the Town for any such increase in insurance premiums.
Baum’s Liability Coverage.
Baum will, at Baum’s sole expense, obtain commercial general liability insurance written on an “occurrence” policy form, covering bodily injury, property damage, personal injury, and advertising injury arising out of or relating (directly or indirectly) to Baum’s use of the premises.
The Town, or any other party designated thereby, will be named by endorsement as an additional insured under Baum’s general liability coverage. The additional insured endorsement must be on ISO Form CG 20 11 11 85 or an equivalent acceptable to the Town.
Before the License commencement date, Baum will deliver to the Town the endorsements referred to in this section as well as a certified copy of Baum’s liability policy or policies and an original certificate of insurance, executed by an authorized agent of the insurer or insurers, evidencing compliance with the liability requirements of this section of this Agreement. The certificate will provide for no less than thirty (30) days’ advance written notice to the Town from the insurer or insurers of any cancellation, nonrenewal, or material change in coverage or available limits of liability and will confirm compliance with the liability insurance requirements of this Agreement.
The minimum acceptable limits of liability for Baum's liability insurance are one million dollars ($1,000,000.00).
10. Subrogation.
To the maximum extent permitted by insurance policies which may be owned by the parties hereto, the Town and Baum waive any and all rights of subrogation against each other which might otherwise exists.
11. Signs.
Baum will not place, maintain, nor permit any sign or awning on any portion of the premises without the express written permission of the Town.
12. Hazardous Materials.
Baum will not use, store, or dispose of any hazardous substances upon the premises.
Hazardous substances mean any hazardous waste, substance, or toxic materials regulated under any environmental laws or regulations applicable to the property. Baum will be responsible for the cost of removal of any toxic contamination caused by Baum’s use of the property.
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13. Insolvency.
The appointment of a receiver, an assignment for the benefits of creditors, or the filing of a petition in bankruptcy by or against Baum, will constitute a breach of this license agreement by Baum.
14. Default.
In the event of any breach of this Agreement by Baum, the Town may, at its option, terminate this Agreement.
The Town may, in the alternative, continue this Agreement in effect, so long as the Town does not terminate Baum’s right to possession, and the Town may enforce all of the Town’s rights and remedies under this Agreement. If said breach of the Agreement continues, the Town may, at any time thereafter, elect to terminate this Agreement.
15. Attorney Fees.
In any action, arbitration, or other proceeding involving a dispute between the Town and Baum arising out of this Agreement, the prevailing party will be entitled to reasonable attorney fees, expert witness fees, and costs.
16. Waiver.
No failure of the Town to enforce any term of this Agreement will be deemed to be a waiver.
17. Notices.
Any notice which either party may or is required to give, will be given by mailing the notice, postage prepaid, to Baum at the premises, or to the Town at the address shown in Item 2, or at such other places as may be designated in writing by the parties from time to time.
Notice will be effective five (5) days after mailing, or on personal delivery, or when receipt is acknowledged in writing.
18. Heirs, Assigns, Successors.
This Agreement is binding upon and inures to the benefit of the heirs, assigns, and successors of the parties.
19. Subordination.
This Agreement, at the Town’s option, will be subordinate to any mortgage, deed of trust, or other security now existing or later placed upon the property; provided, however, that Docusign Envelope ID: CA650A30-1B7C-4AB4-8F81-60F82ECCFACB 14297
Baum’s right to quiet possession will not be disturbed if Baum is not in default on the payment of rent or other provision of this Agreement.
20. Entire Agreement.
The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by the parties.
TOWN OF SAN ANSELMO JIM BAUM
DATE: ________________
BY: ____________________________
David P. Donery
ITS TOWN MANAGER
DATE: _______________
BY: ____________________________
Jim Baum
ITS OWNER
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