Agenda packet — San Anselmo City Council, June 23, 2026 (part 2 of 2)

I urge the Town Council to join the growing number of Marin County jurisdictions that have taken action to protect public health by prohibiting the sale of tobacco and nicotine products, with a reasonable phase-in period to allow retailers time to adjust. Just last week, the Corte Madera council directed staff to return later this summer with a complete end-of-sales ban.

Tobacco use remains the leading cause of preventable disease and death in the United States.

Nicotine addiction continues to affect many residents, and the rapid growth of e-cigarettes and flavored nicotine products has created new risks, particularly for young people. Research consistently shows that youth are especially vulnerable to nicotine addiction, and early exposure can have lasting effects on brain development and lifelong health.

Reducing the availability of tobacco and nicotine products is a proven public health strategy. By limiting retail access, San Anselmo can help prevent youth initiation, reduce impulse purchases, and support residents who are trying to quit. A phased implementation would provide local businesses adequate time to plan while moving the community toward a healthier future.

San Anselmo has long demonstrated leadership in promoting the well-being of its residents.

Adopting a comprehensive ban on the sale of tobacco and nicotine products would be a meaningful step toward protecting the next generation from addiction and reducing the significant health and economic burdens caused by tobacco use.

Thank you for your consideration and for your service to the community.

Sincerely,
John Wright, Former Mayor
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Outlook
Nicotine and Tobacco - Upcoming Policy Discussion for San Anselmo Town Council From Barbara Coler <[email protected]>
Date Fri 6/19/2026 8:10 PM
To Town Council <[email protected]>; Steve Burdo <[email protected]> Cc Chantel Walker <[email protected]>; Eileen Burke Contact <[email protected]>; Yoav Schlesinger <[email protected]>; Tarrell <[email protected]>; Serge Avila <[email protected]>; Dave Donery <[email protected]> You don't often get email from [email protected]. Learn why this is important CAUTION: External Sender
Dear Mayor Burdo and all San Anselmo Councilmembers,
I am writing to express my strong support for your upcoming proposed local policy consideration of prohibiting the sale of commercial tobacco and nicotine products in San Anselmo. This would be an extremely courageous step - your Council would be taking an action, if passed, which would strongly protect public health (as you are well aware). You may be aware that I have been a champion for tightening tobacco/nicotine ordinances in Fairfax many times over the years. In February, we adopted an ordinance similar to Marin County's, including banning sale of vapes and other requirements, and, at my urging, we also banned the sale of nicotine and tobacco pouches (Dr. John Maa, Dr. Jeremiah Mock and Bob Curry believe this may be the 1st to ban pouches in California and possibly the nation, Corte Madera also banned pouches recently – I had also urged them to do so). Unfortunately, we are not at this point able to ban all sales of tobacco and nicotine products. I sincerely hope your Council will be able to do so, leading the way for Fairfax and other Marin jurisdictions to follow your lead. If you would like to review our Fairfax ordinance, see https://townoffairfaxca.gov/town-council-adopts-ordinancestrengthening-local-smoking-and-tobacco-regulations/. I hope that you will ban all retail sales, yet, at a minimum, add the prohibition of retail sales of pouches along with the other requirements we have included in our ordinance.

Thank you for your consideration, Barbara (415) 450-7860 Serge - could you please ensure that all the Councilmembers receive this? Thank you! Barbara Coler, Councilmember
Town of Fairfax
**The opinions expressed in this email are those of this individual Council Member and are not representative of the entire Council or Town of Fairfax unless otherwise stated.**
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2520 Venture Oaks Way, Suite 100, Sacramento, CA 95833 | (916)646-5999 | cfca.energy June 23, 2026
San Anselmo Town Council
525 San Anselmo Ave.

San Anselmo, California 94960
RE: Concerns Regarding Proposed Tobacco Ordinance
Honorable Mayor and Councilmembers,
The California Fuels and Convenience Alliance (CFCA) is a statewide trade association representing independent gas stations and convenience stores throughout California, and we appreciate the opportunity to share our perspective as the Town considers potential amendments to its tobacco policy. CFCA represents member businesses that operate in San Anselmo and the surrounding area – many of which are small, family-owned establishments that serve local residents and play vital roles within their communities. We value the opportunity to provide input and be a part of the conversation to help inform a balanced and effective approach.

While we understand and support the Town’s intention to regulate safe and compliant tobacco sales, we believe that a few of the provisions reach beyond the scope of necessity and will bring unintended harm to San Anselmo’s local community. Provisions such as the minimum price and packaging requirements and a total ban on electronic smoking devices, which will impose further financial hardship on local “mom-and-pop” business owners and the Town at large by driving away vital sales and tax revenue are of notable concern. Proponents of these regulatory tactics claim that its implementation will result in a general decrease in tobacco sales and refer to that as a marker of successful tobacco policy. While it is true that legal tobacco sales see a decrease following implementation of tobacco regulation such as minimum price and packaging laws, proclamations of its effectiveness unfortunately lack nuance. As California’s experience has demonstrated, prohibition and further regulation do not eliminate consumer demand; it simply shifts it towards neighboring jurisdictions, and in the worst-case scenario, the harmful illicit market, where illegal sellers tote unregulated products that put the consumer at risk. Therefore, although an overall decrease in regulated tobacco sales is observed, analyses do not account for sales occurring outside the regulated marketplace or displaced sales in neighboring jurisdictions.

Such excessive tobacco regulation may also prove to drive consumers away from small business owners in the local economy; taking with them vital tax revenue that would otherwise go towards funding state and local programs, such as tobacco education and underage tobacco use prevention programs. This would lead to dozens of substance-use education programs being put at risk, ultimately undermining the Council’s efforts to protect public health. We respectfully urge San Anselmo Town Council to reconsider the adoption of the minimum price and packaging 489
2520 Venture Oaks Way, Suite 100, Sacramento, CA 95833 | (916)646-5999 | cfca.energy laws in the proposed ordinance, and to continue allowing the sale of legal electronic smoking devices to avoid unintended consequences.

In communities throughout California, gas stations and convenience stores are often amongst the few local retailers available; providing essential goods and services to residents with limited options. These small businesses don’t just sell fuel or tobacco, they provide products ranging from hot food options to personal hygiene products, and even traditional grocery items like eggs or milk. While tobacco-related sales might not be a primary source of income for these retailers, they can still account for up to 35% of in-store revenue. This ordinance could significantly diminish that crucial revenue stream, threaten the viability of these key community establishments, and create a system of winners and losers that sees legitimate tobacco retailers on the losing side. Meanwhile, illicit sellers – who do not comply with licensing, pricing or tax requirements – would effectively gain a competitive advantage over the regulated marketplace and be enabled to continue thriving outside the legal purview.

Similarly, a prohibition of discounts and couponing on tobacco products will only penalize compliant tobacco retailers and tobacco consumers, further alienating a whole demographic of San Anselmo’s residents.

Lastly, we also have significant concerns regarding the proposed implementation of an indefinite biennial $1 price increase for all tobacco products. Adopting an automatic price increase without any requirement for periodic review, sunset, or adjustment will remove accountability from the policymaking process and lock local businesses into a pricing structure that may no longer be justified. Such inflexible increases would also disproportionately harm small, community-based retailers, further widening the price gap between the regulated and illicit marketplaces, and push consumers away from licensed retailers altogether.

In practice, the combined effect of these restrictions could have a devastating effect on the local economy and residents in San Anselmo. In the interest of local business owners and the general population, we respectfully urge the Town to reconsider the provisions set forth in the proposed ordinance in favor of a more even-handed policy approach.

We appreciate the opportunity to share our perspective and kindly ask to be a part of the conversation in the Town’s pursuit of its public health objectives.

Thank you for your time and consideration.

Sincerely,
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2520 Venture Oaks Way, Suite 100, Sacramento, CA 95833 | (916)646-5999 | cfca.energy Bryan Lam, Policy & Engagement Analyst
California Fuels & Convenience Alliance
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Outlook
Support Complete End-of-Sales Ordinance with no Exemptions From John Maa <[email protected]>
Date Tue 6/23/2026 3:29 PM
To Steve Burdo <[email protected]>; Chantel Walker <[email protected]>; Eileen Burke Contact <[email protected]>; Tarrell Kullaway <[email protected]>; Yoav Schlesinger <[email protected]>; Town Council <[email protected]> Some people who received this message don't often get email from [email protected]. Learn why this is important CAUTION: External Sender
To the San Anselmo Town Council leadership:

I applaud the San Anselmo Town Council for exploring the pathway to end commercial tobacco product sales permanently in your city, and thank the Town Staff for their thoughtful analysis. San Anselmo was a key step towards ending the sales of flavored tobacco products across Marin in 2019.

Tobacco use remains the leading cause of preventable death in America, with an economic toll estimated by UCSF researchers at $550 per resident across Marin County in 2009.

The recent Tobacco Endgame successes in Tiburon and Ross that are now extending into San Anselmo build upon decades of scientific consensus and professional advocacy - the California Medical Association adopted policy in the 1980s urging an end to all tobacco product sales in California, and the AMA has existing policy to bring an end to cigarette sales across America.

I strongly support the recommendation to prepare an ordinance to end commercial tobacco product sales without exemptions in your city, and thank you for your leadership.

Sincerely,
John Maa MD, FACS
2018 President of the San Francisco Marin Medical Society 492
From: Ludwig's Fine Wine <[email protected]>
Sent: Monday, June 22, 2026 5:09 PM
To: Town Council <[email protected]>
Subject: Discussion Item Regarding Tobacco Ordinance
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CAUTION: External Sender
Mayor Burdo, Vice Mayor Walker, Council Members and Staff, I own Ludwig’s in San Anselmo.As you all know, our legacy business was established in 1939 on Miracle Mile as a traditional smoke shop. The business moved to San Anselmo Avenue in 1961.My father bought the business in 1977, and I bought it from him in 2006. Ludwig’s has adapted with changes in demographics, economies, local and federal regulations and consumer habits. We now primarily sell Wine, Spirits, & Craft Beer and we have Marin’s oldest walk-in cigar humidor. We have not sold cigarettes or any other tobacco besides cigars since 2008. We do not sell tobacco to minors, nor do we sell anything to minors that would bring them into our store without their parents.

We absolutely agree that minors should not have access to any kind of tobacco products, and agree with the provisions of the proposed Model Ordinance that prohibit vaping and tobacco pouches and agree with minimum pricing. We do not, however, agree that a total tobacco ban would further the goals of the Youth Advocacy Committee or concerned local parents.

As Adults, we all understand the damaging history of many industries, and agree that the Tobacco Industry is a very bad actor. That children are now being exposed to damaging narratives on social media and within our current Federal Administration couching Nicotine as “healthy”, and since children have been targeted by these messages, we feel the fight should be there, and not aimed at local businesses who act responsibly. I can only assume that minors are purchasing vapes and nicotine pouches primarily online, and a local ban would do nothing to curb that. 493
Our adult cigar customer are well informed of the facts and are deciding their own risks, much like choosing to drink alcohol, drink sugary drinks, eat fatty foods and dance in the street in an unpredictable world.

I hope you see us as good community members that contribute and bring value to our local economy. We are partners in advocating for a smoke-free youth, and will do what we can to promote that message.

Sincerely,
Magid Nazari
Ludwig’s Fine Wine
431 San Anselmo Ave
San Anselmo, CA 94960
415-456-
494
Outlook
Tobacco Sales in San Anselmo
From Nelson Branco <[email protected]>
Date Mon 6/22/2026 5:59 PM
To Town Council <[email protected]>; Steve Burdo <[email protected]>; Chantel Walker <[email protected]>; Tarrell Kullaway <[email protected]>; Yoav Schlesinger <[email protected]>; Eileen Burke Contact <[email protected]> Cc Dave Donery <[email protected]>
Some people who received this message don't often get email from [email protected]. Learn why this is important
CAUTION: External Sender
Dear San Anselmo Mayor and Council Members,
As a San Anselmo resident and a pediatrician who has practiced in Marin for the past 25 years, I’m writing to voice my support for ending the sale of tobacco and nicotine products in our town.

I hope the Council will move this policy forward and help make San Anselmo a healthier place for the next generation. I am sure that you are all aware of the danges of nicotine addiction, the health effects of long-term use and the prevalence of vaping and nicotine use among youth in our community. Limiting access is one important strategy for protecting the kids in our community.

Thank you for your leadership and consideration of this policy. I am happy to provide any information or research that will help you come to the right decision for our community.

Take care,
Nelson Branco, MD, FAAP
he/him/his
Tamalpais Pediatrics
5 Bon Air Rd., Suite 105
Larkspur, CA 94939
www.tamalpaispediatrics.com
p: 415.461.0440
f: 415.461.3792
e: [email protected]
I'm raising money for cancer research by riding the Pan-Mass Challenge in support of the Dana Farber Cancer Institute - this is year 10. Please visit my personal fundraising page to support my ride: https://profile.pmc.org/nb0129 I respect your time away, please do not feel obligated to reply during off hours. 495
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Item #: 2.3

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 2.3
MEETING DATE: June 23, 2026
AGENDA TITLE: Public Hearing to Adopt an Ordinance Amending Title 10 (Planning and Zoning) to Update Conditional Use Permit
Regulations and Replace Nonconforming Uses and
Improvements Regulations with New Article on
Nonconforming Uses, Structures, and Lots; CEQA Exemption Findings. The proposed Ordinance is exempt from review
under the California Environmental Quality Act (CEQA)
pursuant to the CEQA Guidelines Section 15061(b)(3),
Section 15301, and Section 15303
FROM: Heidi Scoble, Community Development Director
Jackson Dobronyi, Associate Planner
RECOMMENDATION:

1. That the Town Council hold a public hearing and consider the attached Zoning Ordinance Amendments to Title 10 (Planning and Zoning), Chapter 3 (Zoning), to update Conditional Use Permit regulations and replace the Nonconforming Uses and Improvement regulations with a stand-alone new article titled, “Nonconforming Uses, Structures, and Lots”, and ensure compliance with State law, and make the associated CEQA exemption findings (see Attachment 1).

2. Motion to read the attached Ordinance by title only. The Town Manager will read the full title of the Ordinance.

3. Motion to approve the first reading of the Ordinance Amendments and waive future readings in their entirety.

BACKGROUND
On September 23, 2025, the Town Council held a duly noticed public hearing on this item, considering updates to two sections of Title 10, Chapter 3 of the San Anselmo Municipal Code: (1) the Conditional Use Permit (CUP) regulations, and (2) the Nonconforming Uses and Improvements regulations. The following is a summary of the proposed amendments:

Conditional Use Permits (Amended - Title 10, Chapter 3, Article 13) • Updated Findings: Streamlines and modernizes CUP findings to align with the General Plan, zoning district purposes, and specific requirements for ground-floor office uses in the C-2 District.
• Expiration Authority: Grants the Community Development Director or Planning Commission discretion to set CUP expiration dates, with applicants able to reapply 497
Item #: 2.3
after expiration. This tool ensures CUPs remain consistent with the Town's long-term land use and economic goals.

Nonconforming Uses, Structures, and Lots (New - Title 10, Chapter 3, Article 29) • Standalone Article: Establishes a new article dedicated to nonconforming uses and structures, providing clarity, emphasis, and improved organization. • Abandonment Period: Reduces the period from six months to 90 days to encourage the timely reuse of commercial spaces.
• Rebuild Threshold: Increases the threshold triggering conformity requirements from 50% to 75% of exterior wall demolition, supporting reinvestment while maintaining a path toward eventual compliance.
• Termination Procedures: Clarifies decision-making authority and establishes due process for terminating nonconforming uses.
• Purpose and Intent: Updates language to articulate objectives and provide stronger guidance for interpretation and application.

For full background on the history and substance of the proposed amendments, including the recommendations provided by the Economic Development Committee and Planning Commission, please refer to the September 23, 2025, Staff Report (Attachment 3) and the September 23, 2025, Town Council Meeting Minutes (Attachment 4).

Following deliberation, the Council determined that additional targeted outreach to commercial property owners within the C-2 Zoning District was warranted prior to taking action on the amendments. The Council directed staff to conduct outreach to affected property owners and continued the item to a future meeting date. Additionally, the Town Council noted there were instances where references to the “Community Development Director” should be revised to “Community Development Director or designee.” In response to this direction, on May 22, 2026, the Town mailed a Notice of Public Hearing to the 214 property owners of record within the C-2 District. The notice summarized the proposed amendments and provided information on how to submit public comment prior to and at the June 23, 2026, hearing. A copy of the notice is included as Attachment 5.

In addition to the mailed notice, this item has been included on the agenda of four duly noticed public meetings over the course of the past year:
• April 9, 2025 - Economic Development Committee
• June 10, 2025 - Economic Development Committee
• August 18, 2025 - Planning Commission
• September 23, 2025 - Town Council
As of June 15, 2026, staff have not received any written or oral public comment from any C-2 property owner or other members of the public in response to the mailed notice or any of the prior hearings. Accordingly, no substantive revisions to the draft ordinance have been made since the September 23, 2025, hearing. Staff has incorporated minor non-substantive and typographical corrections into the draft ordinance 498
Item #: 2.3

DISCUSSION/ANALYSIS
The proposed amendments are intended to clarify and modernize zoning regulations while furthering the Town’s long-term goals of fostering a vibrant, economically resilient, and pedestrian-oriented downtown Specifically, the amendments provide clearer and more objective findings for Conditional Use Permits (CUPs), establish additional findings for certain ground-floor office uses within the C-2 Zoning District to help preserve an active and vibrant downtown environment, and authorize decision-makers to impose expiration dates on CUPs when appropriate. This added flexibility ensures that certain approvals do not permanently run with the land and allows the Town to periodically reevaluate whether approved uses continue to support community goals and changing economic conditions.

The amendments also provide clearer standards and procedures for the modification, revocation, or expiration of CUPs when a use is not operating in compliance with the approved permit, ensuring that approved uses remain consistent with adopted conditions of approval and the Town's planning objectives over time The amendments also update and reorganize the Town's regulations pertaining to nonconforming uses, structures, and lots. Among other changes, the proposed ordinance reduces the period required to establish abandonment of a nonconforming use from six months to 90 days, encouraging the timely reuse and occupancy of commercial spaces.

In addition, the amendments increase the threshold for reconstruction or substantial modification of nonconforming structures from 50 percent to 75 percent of exterior wall demolition. This change provides greater flexibility for property owners to undertake tenant improvements, renovations, and reinvestment in existing buildings without unnecessarily triggering requirements for variances or full compliance with current development standards.

Input from the Economic Development Committee, community stakeholders, and the Planning Commission emphasized the importance of discouraging prolonged vacancies, encouraging investment in existing commercial properties, providing flexibility for property owners, and ensuring that nonconforming use regulations and CUP procedures are consistent with the Town's economic development objectives. Following a duly noticed public hearing, the Planning Commission expressed support for the proposed amendments and recommended that the Town Council consider their adoption.

The Council's direction on September 23, 2025, reflected a desire to ensure that property owners most directly affected by the amendments were aware of the changes and had an opportunity to review and comment on them before the Council considered adoption.

The draft ordinance remains substantially unchanged from the version presented to the Council on September 23, 2025, with only minor typographical and administrative corrections incorporated. Collectively, staff suggest these amendments will improve the clarity and administration of the Town's zoning regulations, support reinvestment in existing commercial properties, reduce prolonged vacancies, and promote land use patterns that advance the Town's vision for a thriving downtown. Staff continues to recommend approval of the first reading.
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Item #: 2.3

FISCAL IMPACT
No direct fiscal impacts are anticipated from the adoption of these ordinance amendments.

Specifically, the amendments support the following General Plan objectives:
• Land Use Element Goal LU-1: Maintain and enhance San Anselmo’s small-town character and distinct commercial districts. The proposed updates reinforce the purpose of the C-2 Zoning District by promoting a balanced mix of uses that support a walkable, vibrant downtown.
• Land Use Element Policy LU-3.2: Encourage a mix of retail, service, office, and residential uses in commercial areas that contribute to the economic vitality and character of the Town. By clarifying regulations for office uses and conditional use permits (CUPs), the amendments help ensure that future uses are compatible with community goals and contribute to a lively, economically sustainable downtown core. • Economic Development Element Goal ED-1: Support a thriving and diverse business community. The amendments reflect input from the EDC and are intended to preserve flexibility while reducing long-term commercial vacancies and encouraging business occupancy in the downtown area.
• Implementation Program LU-4.A: Periodically review and update the Zoning Ordinance to ensure consistency with the General Plan. This effort implements this program by updating zoning regulations to reflect current economic and land use priorities while maintaining alignment with the General Plan framework.

The proposed ordinance amendments further the Town’s commitment to thoughtful planning and economic resilience and are consistent with the overarching vision and policies of the San Anselmo General Plan.

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
California Environmental Quality Act (CEQA)
The proposed zoning ordinance amendments are exempt from environmental review under CEQA pursuant to the following exemptions:
• CEQA Guidelines Section 15061(b)(3). Common Sense Exemption: It can be seen with certainty that the ordinance amendments will not have a significant effect on the environment, as they do not authorize physical development or changes in land use that would result in environmental impacts.
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Item #: 2.3
• CEQA Guidelines Section 15301. Existing Facilities: The amendments involve minor alterations to the regulation of existing commercial uses, with negligible or no expansion of use beyond that already in existence.
• CEQA Guidelines Section 15303. New Construction or Conversion of Small Structures: The ordinance amendments allow for limited flexibility in commercial uses and are not expected to increase development intensity or change the rate at which development occurs. Therefore, it can be seen with certainty that the amendments will not result in significant environmental effects.

Climate Action Plan Conformance
The proposed amendments are consistent with the Town of San Anselmo’s adopted Climate Action Plan. The updates support infill development and reuse of existing commercial spaces, reduce long-term vacancies, and promote a walkable, mixed-use downtown. These actions align with the Town’s climate goals by minimizing vehicle trips, supporting local economic resilience, and encouraging efficient land use patterns.

ATTACHMENTS
Attachment 1 - Draft Ordinance
Attachment 2 - Draft Ordinance - Redline
Attachment 3 - September 23, 2025, Staff Report
Attachment 4 - September 23, 2025, Town Council Meeting Minutes Attachment 5 - May 22, 2026, Notice Mailed to C-2 Property Owners Attachment 6 - Planning Commission Resolution No. 2025-17 501

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AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO AMENDING TITLE 10 “PLANNING AND ZONING”, CHAPTER 3 “ZONING’, ARTICLE 3 “CONDITIONAL USE PERMIT”; REMOVING TITLE 10, CHAPTER 3, ARTICLE 6, SECTION 10-3.607 “NONCONFORMING USES AND IMPROVEMENTS” AND REPLACING WITH NEW ARTICLE 29 “NONCONFORMING USES, STRUCTURES, AND LOTS”; AND MAKING ASSOCIATED CEQA EXEMPTION FINDINGS WHEREAS, a conditional use permit (CUP) allows a use of property that is not in strict in compliance with the zoning code with the imposition of certain conditions, which remains in effect so long as the conditions in the permit are satisfied, there is no expiration date in the permit that has expired, and the use is not a public nuisance; and
WHEREAS, the Town desires to ensure compliance with CUPs and provide processes to review CUP compliance in order to promote the stability and consistency of land uses within the Town; and WHEREAS, the Town desires to update the CUP Ordinance to: allow the inclusion of a CUP expiration date; provide a revocation hearing process for CUPs that are out of compliance with the conditions in the permit either by violation or by a period of nonuse; and make other clarification and update changes (“CUP Ordinance Amendments”); and
WHEREAS, a legal nonconforming use, structure, or lot (or a “grandfathered” use, structure, or lot) is one that was lawful on the effective date of a new zoning restriction which made it unlawful, and has continued since that time; and
WHEREAS, to ensure the cohesive and predictable development of the Town that is consistent with Town goals, it is desirable that nonconforming uses, structures, and lots be replaced by conforming uses, structures, and lots over time; and
WHEREAS, the Town’s nonconforming use ordinance, Municipal Code section 10-3.607, is outdated and the Town desires to adopt an updated nonconforming use code to provide more predictability, clarity, and the ability for the Town Council to consider revocation of a nonconforming use; and WHEREAS, the Town desires to update the Town’s nonconforming use ordinance, Municipal Code section 10-3.607 (“Nonconforming Use Ordinance Amendments”, collectively with the “CUP Ordinance Amendments” referred to as the “Ordinance Amendments”); and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the Town may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and WHEREAS, the Ordinance Amendments are in the public interest because they will help ensure that land uses remain consistent with their surroundings and provide processes for the Town to revoke noncompliant and nonconforming uses; and
WHEREAS, the Ordinance Amendments are exempt from review under the California Environmental Quality Act (CEQA) pursuant to the “common sense” exemption, CEQA Guidelines 502

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section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance Amendments will have a significant effect on the environment; pursuant to CEQA Guideline section 15301 involving the minor alteration of existing residences involving negligible or no expansion of use beyond that already in existence; and Section 15303 New Construction or Conversion of Small Structures, because it can be seen with certainty that there is no possibility the Amendments would not have a significant effect on the environment and they make no or minimal changes to land uses, development intensities, or the rate at which development is expected to occur; and
WHEREAS, the ordinance amendments are consistent with the goals and policies of the San Anselmo General Plan, including maintaining the viability of the Town’s commercial core and preserving its small-town character; and by encouraging the monitoring and review of conditional use permits and nonconforming uses, the amendments promote the appropriate use of property, discourage long-term vacancy or disuse, and support the overall health and vitality of the Town’s commercial areas; and
WHEREAS, the Ordinance Amendments do not impact the Town’s Climate Action Plan; and WHEREAS, the Planning Commission is responsible for providing recommendations to the Town Council for proposed amendments to the Town’s Zoning Code pursuant to Government Code section 65853 et seq.; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 18, 2025 to consider the Ordinance Amendments and recommended Town Council adoption of the Amendments; and
WHEREAS, the Town Clerk caused notice of a Town Council public hearing regarding the Town Council’s adoption of the Ordinance Amendments in the Marin Independent Journal newspaper on as required by Government Code section 36933 and published the text of the Ordinance Amendments as required by State law; and
WHEREAS, on September 23, 2025, and June 23, 2026, the Town Council held duly noticed public hearings to consider the introduction of the Ordinance Amendments.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and incorporated as findings herein.

SECTION 2. Environmental Review. The Ordinance Amendments are exempt from review under the California Environmental Quality Act (CEQA) pursuant to the “common sense” exemption, CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance Amendments will have a significant effect on the environment; pursuant to CEQA Guideline section 15301 involving the minor alteration of existing residences involving negligible or no expansion of use beyond that already in existence; and Section 15303 New Construction or Conversion of Small Structures, because it can be seen 503

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with certainty that there is no possibility the Amendments would not have a significant effect on the environment and they make no or minimal changes to land uses, development intensities, or the rate at which development is expected to occur.

SECTION 3. General Plan Consistency Finding. The ordinance amendments are consistent with the goals and policies of the San Anselmo General Plan, including maintaining the viability of the Town’s commercial core and preserving its small-town character; and by encouraging the monitoring and review of conditional use permits and nonconforming uses, the amendments promote the appropriate use of property, discourage long-term vacancy or disuse, and support the overall health and vitality of the Town’s commercial areas; SECTION 4. Ordinance Amendment 1. The following are changes and amendments to the Town of San Anselmo Municipal Code Title 10, “Planning and Zoning,” Chapter 3, “Zoning,” Article 13, “Conditional Use Permit,” as set forth below. Amendments shall be renumbered as appropriate.

Article 13. – Conditional Use Permit
10-3.1301 – Purpose and intent.

The purpose of this Article is to allow for uses within a zoning district that may be made compatible with the primary uses of the district with the imposition of conditions if the findings are satisfied.
10-3.1302 – Initiation of a conditional use permit.

A conditional use permit may be initiated by any of the following:
(a) The owner or owners of record of a lot or lots for which a conditional use permit is sought; or
(b) The Town Council, when such conditional use permit is required for activities taken on behalf of the Town. The initiation of a conditional use permit by the Town Council may be either upon the Council's initiation, or by recommendation of the Community Development Director or the Planning Commission. 10-3.1303 – Application requirements.

An application for a conditional use permit shall be submitted with content specified by the Community Development Director together with such other information as may be required by the hearing body and/or Community Development Director or designee, and the required fees shall be paid. The schedule of fees shall be determined by resolution of the Town Council.
10-3.1304 – Review of conditional use permit.
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A conditional use permit may be acted upon either by: (1) the Community Development Director or designee; or (2) the Planning Commission after it conducts one (1) or more public hearings on the conditional use permit. In approving a conditional use permit, the Community Development Director and/or Planning Commission may impose any condition that is reasonably necessary to achieve the objectives of this Title; however, no condition may require the dedication of land for any purpose not reasonably related to the use of the property for which the permit is being requested, nor the posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the permit is requested.

The following identifies which conditional use permit applications may be acted upon by the Community Development Director, or designee, and which use permit applications shall be acted upon by the Planning Commission:
(a) Community Development Director, or designee.
(1) Accessory use, when such a use is very low in scale, will not cause a significant increase in intensity of use of the property, and will not alter the primary use of the facility.
(2) Outdoor storage and display of merchandise, plants, and street furniture based upon one (1) of the following:
(a) Within the "C" Districts, the outdoor display and sale of merchandise for a limited time period; and
(b) Within all Districts, the outdoor placement of plants and street furniture on public or private property in limited quantity which, in the opinion of the Community Development Director, will not hinder the free use of the public sidewalk. Such plants and street furniture shall not bear signs, price tags, or other indications that the plants or street furniture are for sale or rent.
(3) Temporary uses.
(a) Temporary uses. Any use may be authorized on a temporary basis in any commercial zoning district for up to and no more than one (1) year provided the use conforms with the Town's Building and Fire Codes. The Community Development Director may allow a single extension of the original time limits and not to exceed the length of the time originally allowed.

The Community Development Director may refer any of the above to the Planning Commission if, in the opinion of the Community Development Director, review by the commission is desirable.
505

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(b) Planning Commission.

All other conditional use permit applications not identified in subsection (a) of this section. Should a property require more than one (1) planning application and should any of those applications require Planning Commission review, then all planning applications associated with the property shall require Planning Commission review. 10-3.1305 – Required findings for conditional use permit.

In addition to the foregoing finding, special findings shall be made for certain districts or uses, as follows:
(d) Gasoline Stations—All Districts:
(1) Full Serve and Self-Service Gasoline Stations—ALL DISTRICTS: All operations including storage, excepting service with gasoline, oil, air, and water shall be conducted within a closed building.
(2) Self-Service Gasoline Stations—ALL DISTRICTS: The granting of the conditional use permit will not adversely affect the public health, safety, or welfare by either diminishing the availability of minor emergency health and safety services, including rest rooms and minor automobile repair.
(e) Limited Commercial (C-L) District—All Uses Requiring a Conditional Use Permit: The granting of the conditional use permit will not allow a use which generates traffic at a rate greater than:
(1) Fifty (50) vehicle trip ends for each one thousand (1,000) gross square feet of gross leasable building area; or
(2) The existing number of trips during the a.m. and p.m. peak hours generated 506

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by the existing use as of July 22, 1997 (the determination for vacant buildings will be the most recent use between February 26, 1991, and July 22, 1997) on Sir Francis Drake Boulevard. Those numbers of traffic trips typically generated for existing and proposed uses shall be obtained from the current edition of Trip Generation, Institute of Transportation Engineers. (f) Ground Floor Office Uses—Downtown Commercial (C-2) District:
(1) The proposed office use supports the Town’s economic development goals by contributing to a vibrant Downtown Commercial District. (g) The granting or denying of a conditional use permit for the on-sale and off-sale of beer and wine in conjunction with the sale of motor fuel shall be subject to the following:
(1) The findings shall be based on substantial evidence in view of the whole record to justify the ultimate decision; and
(2) In addition to the standards listed in the state Business and Professions Code Licensing Restrictions, the Town has the authority to further condition the conditional use permit.
(h) The granting of a conditional use permit will not allow a use that diminishes the existing affordable housing stock, including multifamily units and mixed-use units (e.g., residential units above commercial uses).
(i) Animal Boarding: All exterior walls shall be soundproofed to eliminate potential animal noise to the exterior of the building.
(j) Light Manufacturing: The use shall not cause odors, noise, and other factors which make the environment less desirable.
(k) All Commercial Uses: The size and operating characteristics of the proposed development would provide a balanced mix of uses that would be compatible with the existing and future land uses in the vicinity.
(l) Planned Development — All Districts: Refer to the findings in Article 9 of this chapter of the San Anselmo Municipal Code.
10-3.1306 – Revocation of conditional use permit.
(a) A conditional use permit may be revoked or modified for noncompliance with any of the conditions specified in the permit or violation of law. The Planning Commission shall hold a public hearing to consider the proposed revocation, which hearing shall be noticed in accordance with California Government Code section 65091. The Planning Commission’s decision may be appealed to the Town Council 507

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pursuant to Town Municipal Code section 1-4.01 et seq. Failure to appear at a hearing pursuant to this Section shall constitute a waiver of the right to object to the revocation of a conditional use permit under this Section. (b) For the purposes of this Section, noncompliance with the conditional use permit shall include the violation of any condition in the conditional use permit and/or any abandonment of the approved use, which includes, without limitation, the replacement of the conditional use with another use and the absence of the use on the site that is the previously approved conditional use. (c) The Town’s right to revocation as provided in this Section shall be cumulative to any other remedy allowed by law.
10-3.1307 – Lapse.

A conditional use permit approval shall lapse and become null and void one (1) year following the date on which the permit becomes effective unless: prior to the one (1) year expiration date, a building permit, or related business license, is issued and is active on the site that was the subject of the permit application; a certificate of occupancy is issued for the site or structure that was the subject of the conditional use permit application; or if an alternative period is specified in the conditional use permit. Where a conditional use permit authorizes construction of a new structure or an addition to an existing structure, the failure to secure a building permit and commence construction within the one (1) year period shall be deemed nonuse.

A conditional use permit approval may be renewed for an additional period of one (1) year provided that prior to the expiration of the year from the date when the permit originally became effective, an application for renewal is filed with the Community Development Department. The Community Development Director may grant an application for renewal where there is no change from the original application or condition or refer the matter to the Planning Commission. An application for renewal involving any change from the original application or condition shall be treated as a new application. 10-3.1308 – Expiration and effective date.
(a) The Community Development Director, or designee, or the Planning Commission, as applicable, may set an expiration date for a conditional use permit or may allow it without a specified expiration date. In the case of a conditional use permit with an expiration date, the applicant may apply for a new conditional use permit upon expiration.
(b) The conditional use permit shall become effective upon the expiration of ten (10) days following the date on which the permit was granted unless an appeal has been made to the Town Council.
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SECTION 5. Ordinance Amendment 2. Title 10, Chapter 3, Article 6, Section 607 “Nonconforming uses and improvements” is hereby repealed and replaced with Title 10, Chapter 3, Article 29 “Nonconforming uses, structures, and lots” as set forth below.

Article 29. – Nonconforming Uses, Structures, and Lots
10-3.2900 – Purpose and intent.

The purpose of this Article is to establish uniform provisions for the regulation of nonconforming land uses, structures, and lots.
(a) Within the zoning districts established by the Town’s Zoning Ordinance, there exist land uses, structures, and lots that were lawful before the adoption or amendment of the Zoning Ordinance, but which would be prohibited, regulated, or restricted differently under the terms of the current Zoning Ordinance or future amendments. (b) It is the intent of the Zoning Ordinance to discourage the long-term continuance of nonconformities, but to permit them to exist under limited conditions. (c) This Article does not apply to land uses, structures, or lots that were illegally established, constructed, or divided.
10-3.2901 – Nonconforming uses of land.
(a) Prohibited activities. A nonconforming use of land, or a nonconforming use within a structure, may be continued, transferred, or sold only as followed:
(i) Owners or tenants of nonconforming uses shall not:
(1) Enlarge or increase the nonconforming use;
(2) Extend the nonconforming use to occupy a greater area of land than that occupied by the use at the time it became nonconforming; or (3) Move the nonconforming use, in whole or in part, to any other location on the subject parcel.
(b) No change in use. A nonconforming use shall not be changed or expanded, except to reduce the extent of the nonconformity or to remove it from the site. (c) Loss of legal nonconforming status. A nonconforming use shall not retain the benefits under this Article (unless exempt pursuant to this Article) if:
(i) The nonconforming use has been abandoned or discontinued for a continuous period of ninety (90) days, or if a structure is not occupied by the nonconforming use for a continuous period of ninety (90) days. 509

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(ii) The structure in which the nonconforming use is conducted or maintained is destroyed. For the meaning of this Section, “destroyed” means destruction by any means of 75% or more than the assessed value of the structure excluding the land value, which determination shall be made by the Community Development Director.
(d) Replacement uses. The use of the site after the discontinuance or removal of a nonconforming use shall comply with all applicable requirements of the Zoning Ordinance and the zoning district.
10-3.2902 – Nonconforming structures.
(a) Additions or alterations. A nonconforming structure may be altered only as follows:
(i) A nonconforming structure may undergo additions or alterations, normal maintenance and repairs including painting, interior and exterior wall surface repair, window and roof repair, and fixture replacement provided that:
(1) The additions, alterations, and/or repairs comply with all applicable provisions of the Zoning Code; and
(2) Demolition shall be considered to occur when seventy-five (75%) or more of the existing exterior walls of a structure, measured above the foundation, are removed; and
(3) The structure shall not be enlarged or altered in a manner that increases its nonconformity; however, the structure or any portion thereof may be altered to decrease its nonconformity.
(b) Replacement after destruction. A nonconforming structure that is destroyed by any means, or declared unsafe by the Building Inspector, of 75% or more than the assessed value of the structure excluding the land value, which determination shall be made by the Community Development Director, shall be reconstructed or replaced only in compliance with all applicable provisions of the Zoning Ordinance. (c) Seismic retrofitting and building code compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:
(i) Reconstruction required to reinforce unreinforced masonry structures shall be allowed without the cost limitations in this Article provided that it is limited exclusively to compliance with earthquake safety standards. (ii) Reconstruction required to comply with the Town Building Code shall be allowed without the cost limitations in this Article provided that the reconstruction is limited exclusively to the applicable provisions in the Town Building Code. 510

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(d) Exemptions.
(i) Dwellings. Nonconforming single- and multi-family dwellings that have been involuntarily damaged or destroyed may be reconstructed or replaced with a new structure using the same development standards applied to the damage or destroyed structure at the time of construction. If no specific development standards are applicable to the original structure, then it may be reconstructed or replaced as found prior to destruction.
(ii) Public structures and utilities. Nothing in this Article shall be construed to require the discontinuance, removal, or termination, or to prohibit the alteration, expansion, maintenance, rebuilding, reconstruction, repair or replacement of a publicly owned structure or utility.

All new construction under this Section shall comply with all applicable current Building and Fire Codes.
10-3.2903 – Termination of nonconforming uses.

A nonconforming use may be terminated subject to the following provisions:
(a) The Town Council may initiate a public hearing to consider termination of a nonconforming use under this Section on its own or upon the recommendation of the Planning Commission.
(b) The property owner shall be given notice of the hearing in accordance with California Government Code section 65091.
(c) Failure to appear at a hearing pursuant to this Section shall constitute a waiver of a right to object to the termination of a nonconforming use status. (d) The Town Council shall make the final determination whether to terminate a nonconforming use and shall issue a decision in writing. If the proposed termination is approved by the Council, the use may be continued for a period of two (2) years from the date of the decision, after which time the nonconforming use shall cease.

SECTION 6. Severability. The Town Council hereby declares that every section, paragraph, sentence, clause, and phrase is severable. If any section, paragraph, sentence, clause or phrase of these Ordinance Amendments for any reason is found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.

SECTION 7. Effective Date. These Ordinance Amendments shall go into effect thirty (30) days from their adoption. Prior to the expiration of fifteen (15) days of adoption, these Ordinance Amendments or a summary thereof pursuant to Government Code section 36933, shall be published at least once in a newspaper of general circulation, along with the names of the 511

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members of the Town Council voting for and against its adoption.

INTRODUCED AND ADOPTED AT A PUBLIC HEARING at a regular meeting of the San Anselmo Town Council on __________________________ by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

RECUSED:

APPROVED:___________________________
Steve Burdo, Mayor
ATTEST:_______________________________
Serge Avila, Town Clerk
.
512

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NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and incorporated as findings herein.

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SECTION 3. General Plan Consistency Finding. The ordinance amendments are consistent with the goals and policies of the San Anselmo General Plan, including maintaining the viability of the Town’s commercial core and preserving its small-town character; and by encouraging the monitoring and review of conditional use permits and nonconforming uses, the amendments promote the appropriate use of property, discourage long-term vacancy or disuse, and support the overall health and vitality of the Town’s commercial areas; SECTION 4. Ordinance Amendment 1. The following are changes and amendments to the Town of San Anselmo Municipal Code Title 10 “Planning and Zoning”, Chapter 3 “Zoning”, Article 13 “Conditional Use Permit”. New language in underline, deleted language in strikeout.

Amendments shall be renumbered as appropriate.

Article 13. – Conditional Use Permit
10-3.1301 – Purpose and intent.

The purpose of a conditional use permit is to allow for the review of a specific use or uses to ensure that the use is compatible with surrounding land uses and to allow, if necessary, the imposition of conditions to ensure the use or uses comply with intent of the ordinance codified in this chapter.

A conditional use permit may be initiated by any of the following:
(a) The owner or owners of record of a lot or lots for which a conditional use permit is sought; or
(b) The Town Council, when such conditional use permit is required for activities taken on behalf of the Town. The initiation of a conditional use permit by the Town Council may be either upon the Council's initiation, or by recommendation of the Planning Director Community Development Director or the Planning Commission. 10-3.1303 – Application requirements.

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required fees shall be paid. The schedule of fees shall be determined by resolution of the Town Council. include, at a minimum, the following:
(a) A completed application form of a content specified by the Planning Director Community Development Director;
(b) A completed environmental information work sheet of a content and form specified by the Planning Director Community Development Director; and (c) Payment of fees for the review and processing of a conditional use permit, in a fashion and manner as may be prescribed by the Town Council. 10-3.1304 – Review of conditional use permit.

A conditional use permit may be acted upon either by: (1) the Planning Director Community Development Director or designee; or (2) the Planning Commission after it the Planning Commission conducts one (1) or more public hearings on the conditional use permit.

In approving a conditional use permit, the Community Development Director and/or Planning Commission may impose any condition that is reasonably necessary to achieve the objectives of this Title; however, no condition may require the dedication of land for any purpose not reasonably related to the use of the property for which the permit is being requested, nor the posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the permit is requested.

The following identifies which conditional use permit applications may be acted upon by the Planning Director Community Development Director, or designee, and which use permit applications shall be acted upon by the Planning Commission:
(a) Planning Director Community Development Director, or designee. (1) Accessory use, when such a use is very low in scale, will not cause a significant increase in intensity of use of the property, and will not alter the primary use of the facility.
(2) Outdoor storage and display of merchandise, plants, and street furniture based upon one (1) of the following:
(a) Within the "C" Districts, the outdoor display and sale of merchandise for a limited time period; and
(b) Within all Districts, the outdoor placement of plants and street furniture on public or private property in limited quantity which, in the opinion of the Planning District Community Development Director, will not hinder the free use of the public sidewalk. Such plants and street furniture shall not bear signs, price tags, or other indications that the plants or street furniture are for sale or rent. 516

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(3) Temporary uses.
(a) Temporary uses. Any use may be authorized on a temporary basis in any commercial zoning district for up to and no more than one (1) year provided the use conforms with the Town's Building and Fire Codes. The Planning Community Development Director may allow a single extension of the original time limits and not to exceed the length of the time originally allowed.

The Planning Director Community Development Director may refer any of the above to the Planning Commission if, in the opinion of the Planning Director Community Development Director, review by the commission is desirable. (b) Planning Commission.

Approval of a conditional use permit, which may include the imposition of conditions, shall be made only after the making of the following findings:

The Community Development Director, or designee, or the Planning Commission, as applicable, may grant an application for a conditional permit if all of the following findings can be made:
(a) The proposed location of the conditional use is consistent with the objectives of this Title and the purpose of the zoning district;
(b) The proposed location of the conditional use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare; and
(c) The proposed conditional use will comply with the general plan and each applicable provision of this Title.
(d) The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the Town. 517

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In addition to the foregoing finding, special findings shall be made for certain districts or uses, as follows:
(e) Gasoline Stations—All Districts:
(1) Full Serve and Self-Service Gasoline Stations—ALL DISTRICTS: All operations including storage, excepting service with gasoline, oil, air, and water shall be conducted within a closed building.
(2) Self-Service Gasoline Stations—ALL DISTRICTS: The granting of the conditional use permit will not adversely affect the public health, safety, or welfare by either diminishing the availability of minor emergency health and safety services, including rest rooms and minor automobile repair.
(f) Limited Commercial (C-L) District—All Uses Requiring a Conditional Use Permit: The granting of the conditional use permit will not allow a use which generates traffic at a rate greater than:
(1) Fifty (50) vehicle trip ends for each one thousand (1,000) gross square feet of gross leasable building area; or
(2) The existing number of trips during the a.m. and p.m. peak hours generated by the existing use as of July 22, 1997 (the determination for vacant buildings will be the most recent use between February 26, 1991 and July 22, 1997) on Sir Francis Drake Boulevard. Those numbers of traffic trips typically generated for existing and proposed uses shall be obtained from the current edition of Trip Generation, Institute of Transportation Engineers.
(g) Ground Floor Office Uses—Downtown Commercial (C-2) District:
(1) The proposed office use supports the Town’s economic development goals by contributing to a vibrant Downtown Commercial District. (h) The granting or denying of a conditional use permit for the on-sale and off-sale of beer and wine in conjunction with the sale of motor fuel shall be subject to the following:
(1) The findings shall be based on substantial evidence in view of the whole record to justify the ultimate decision; and
(2) In addition to the standards listed in the state Business and Professions Code Licensing Restrictions, the Town has the authority to further condition the conditional use permit.
518

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(i) Conversion of a residential use to another use for buildings constructed on or before May 22, 1997: The granting of a conditional use permit will not allow a use that diminishes the existing affordable housing stock, including multifamily units and mixed-use units (e.g., residential units above commercial uses). unless there is a clear public benefit or equivalent housing can be provided. (j) Animal Boarding: All exterior walls shall be soundproofed to eliminate potential animal noise to the exterior of the building.
(k) Light Manufacturing: The use shall not cause odors, noise, and other factors which make the environment less desirable.
(l) All Commercial Uses: The size and operating characteristics of the proposed development would provide a balanced mix of uses that would be compatible with the existing and future land uses in the vicinity.
(m)Planned Development — All Districts: Refer to the findings in Article 9 of this chapter of the San Anselmo Municipal Code.
10-3.1306 – Revocation of conditional use permit.
(a) A conditional use permit may be revoked or modified for noncompliance with any of the conditions specified in the permit or violation of law. The Planning Commission shall hold a public hearing to consider the proposed revocation, which hearing shall be noticed in accordance with California Government Code section 65091. The Planning Commission’s decision may be appealed to the Town Council pursuant to Town Municipal Code section 1-4.01 et seq. Failure to appear at a hearing pursuant to this Section shall constitute a waiver of the right to object to the revocation of a conditional use permit under this Section. (b) For the purposes of this Section, noncompliance with the conditional use permit shall include the violation of any condition in the conditional use permit and/or any abandonment of the approved use, which includes, without limitation, the replacement of the conditional use with another use and the absence of the use on the site that is the previously approved conditional use. (c) The Town’s right to revocation as provided in this Section shall be cumulative to any other remedy allowed by law.
10-3.1307 – Lapse.

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period is specified in the conditional use permit. Where a conditional use permit authorizes construction of a new structure or an addition to an existing structure, the failure to secure a building permit and commence construction within the one (1) year period shall be deemed nonuse.

Article 29. – Nonconforming Uses, Structures, and Lots
10-3.2900 – Purpose and intent.

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10-3.2901 – Nonconforming uses of land.
(a) Prohibited activities. A nonconforming use of land, or a nonconforming use within a structure, may be continued, transferred, or sold only as followed:
(i) Owners or tenants of nonconforming uses shall not:
(1) Enlarge or increase the nonconforming use;
(2) Extend the nonconforming use to occupy a greater area of land than that occupied by the use at the time it became nonconforming; or (3) Move the nonconforming use, in whole or in part, to any other location on the subject parcel.
(b) No change in use. A nonconforming use shall not be changed or expanded, except to reduce the extent of the nonconformity or to remove it from the site. (c) Loss of legal nonconforming status. A nonconforming use shall not retain the benefits under this Article (unless exempt pursuant to this Article) if:
(i) The nonconforming use has been abandoned or discontinued for a continuous period of ninety (90) days, or if a structure is not occupied by the nonconforming use for a continuous period of ninety (90) days. (ii) The structure in which the nonconforming use is conducted or maintained is destroyed. For the meaning of this Section, “destroyed” means destruction by any means of 75% or more than the assessed value of the structure excluding the land value, which determination shall be made by the Community Development Director.
(d) Replacement uses. The use of the site after the discontinuance or removal of a nonconforming use shall comply with all applicable requirements of the Zoning Ordinance and the zoning district.
10-3.2902 – Nonconforming structures.
(a) Additions or alterations. A nonconforming structure may be altered only as follows:
(i) A nonconforming structure may undergo additions or alterations, normal maintenance and repairs including painting, interior and exterior wall surface repair, window and roof repair, and fixture replacement provided that:
(1) The additions, alterations, and/or repairs comply with all applicable provisions of the Zoning Code; and
(2) Demolition shall be considered to occur when seventy-five (75%) or 521

Page 10 ends

more of the existing exterior walls of a structure, measured above the foundation, are removed; and
(3) The structure shall not be enlarged or altered in a manner that increases its nonconformity; however, the structure or any portion thereof may be altered to decrease its nonconformity.
(b) Replacement after destruction. A nonconforming structure that is destroyed by any means, or declared unsafe by the Building Inspector, of 75% or more than the assessed value of the structure excluding the land value, which determination shall be made by the Community Development Director, shall be reconstructed or replaced only in compliance with all applicable provisions of the Zoning Ordinance. (c) Seismic retrofitting and building code compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:
(i) Reconstruction required to reinforce unreinforced masonry structures shall be allowed without the cost limitations in this Article provided that it is limited exclusively to compliance with earthquake safety standards. (ii) Reconstruction required to comply with the Town Building Code shall be allowed without the cost limitations in this Article provided that the reconstruction is limited exclusively to the applicable provisions in the Town Building Code. (d) Exemptions.
(i) Dwellings. Nonconforming single- and multi-family dwellings that have been involuntarily damaged or destroyed may be reconstructed or replaced with a new structure using the same development standards applied to the damage or destroyed structure at the time of construction. If no specific development standards are applicable to the original structure, then it may be reconstructed or replaced as found prior to destruction.
(ii) Public structures and utilities. Nothing in this Article shall be construed to require the discontinuance, removal, or termination, or to prohibit the alteration, expansion, maintenance, rebuilding, reconstruction, repair or replacement of a publicly owned structure or utility.

All new construction under this Section shall comply with all applicable current Building and Fire Codes.
10-3.2903 – Termination of nonconforming uses.

A nonconforming use may be terminated subject to the following provisions:
(a) The Town Council may initiate a public hearing to consider termination of a 522

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nonconforming use under this Section on its own or upon the recommendation of the Planning Commission.
(b) The property owner shall be given notice of the hearing in accordance with California Government Code section 65091.
(c) Failure to appear at a hearing pursuant to this Section shall constitute a waiver of the right to object to the termination of a nonconforming use status. (d) The Town Council shall make the final determination whether to terminate a nonconforming use and shall issue a decision in writing. If the proposed termination is approved by the Council, the use may be continued for a period of two (2) years from the date of the decision, after which time the nonconforming use shall cease.

INTRODUCED AND ADOPTED AT A PUBLIC HEARING at a regular meeting of the San Anselmo Town Council on __________________________ by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

RECUSED:

APPROVED:___________________________
Steve Burdo, Mayor
ATTEST:_______________________________
Serge Avila, Town Clerk
.
523
Item #: 3.1

STAFF REPORT
TOWN OF SAN ANSELMO Item #:3.1
MEETING DATE: September 23, 2025
AGENDA TITLE: Public Hearing to Adopt an Ordinance Amending Title 10 (Planning and Zoning) to Update Conditional Use
Permit Regulations and Replace Nonconforming Uses
and Improvements Regulations with New Article on
Nonconforming Uses, Structures, and Lots; CEQA
Exemption Findings. The proposed Ordinance is
exempt from review under the California
Environmental Quality Act (CEQA) pursuant to the
CEQA Guidelines Section 15061(b)(3), Section
15301, and Section 15303
FROM: Heidi Scoble, Community Development Director
RECOMMENDATION:

1. That the Town Council hold a public hearing and consider the attached Zoning Ordinance Amendments to Title 10 (Planning and Zoning), Chapter 3 (Zoning), to update Conditional Use Permit regulations and replace the Nonconforming Uses and Improvement regulations with a stand-alone new article titled, “Nonconforming Uses, Structures, and Lots”, and ensure compliance with State law and make the associated CEQA exemption findings (see Attachment 1).

2. Motion to read the attached Ordinance by title only. The Town Manager will read the full title of the Ordinance.

3. Motion to approve the first reading of the Ordinance Amendments and waive future readings in their entirety.

BACKGROUND
The Town has regulated nonconforming uses, nonconforming improvements, and conditional uses of land since the adoption of Ordinance No. 485 on December 11, 1962. These regulations have served as the framework for how the Town addresses land uses and buildings that were legal when established but no longer conform to subsequent zoning standards.

The following is a summary of the Town’s current regulations:
524
Item #: 3.1
Nonconforming Uses and Improvements (Current Code-Title 10, Chapter 3, Article 6, Section 10-3.607)
• Nonconforming uses may continue if lawfully established before zoning changes, but they may not be expanded or intensified.
• If a nonconforming use is abandoned for six months or more, the right to continue that use is lost.
• Nonconforming structures can be maintained and repaired but must be brought into compliance with current regulations if 50% or more of their exterior walls are removed or if the structure is substantially destroyed.

Conditional Use Permits (Current Code-Title 10, Chapter 3, Article 13) • CUPs are required for specific land uses identified in the Zoning Ordinance and are intended to ensure compatibility with surrounding uses. • CUPs currently “run with the land” in perpetuity under California law unless explicitly conditioned with expiration or review dates. • The Planning Director may approve minor CUPs, while the Planning Commission reviews most applications. Findings for approval must demonstrate that the use will not negatively affect public health, safety, or welfare.

In 2023, the Town Council adopted Ordinance No. 1179, updating zoning regulations in the C-2 (General Commercial) District to align with the Housing Element and Economic Development Committee (EDC) recommendations. Following implementation, the EDC requested additional refinements, specifically regarding nonconforming uses and conditional use permit (CUP) findings related to office uses in the C-2 District.

On April 9 (refer to agenda item no. 2.A) and June 10, 2025 (refer to agenda item no.

4.A), the Economic Development Committee (EDC) reviewed the proposed zoning ordinance amendments at publicly noticed meetings, providing feedback to strengthen the vitality of the Town’s commercial areas, particularly the C-2 (General Commercial) District. The Committee emphasized the importance of reducing vacancies, simplifying CUP requirements, and ensuring amendments advance the Town’s economic development goals while preserving flexibility. Public input also highlighted support for coworking spaces balanced with maintaining the unique character of downtown as a retail, dining, and destination-based hub.

On August 18, 2025, the Planning Commission held a public hearing to consider amendments addressing these topics. Following deliberation, the Commission adopted Resolution No. 2025-17, recommending Town Council approval of the proposed ordinance (see Attachment 2 and Attachment 3).

DISCUSSION/ANALYSIS
The proposed amendments are intended to clarify and modernize zoning regulations while furthering the Town’s long-term goals of fostering a vibrant, economically resilient, and pedestrian-oriented downtown. Input from the Economic Development Committee, community stakeholders, and the Planning Commission emphasized the importance of discouraging prolonged vacancies, providing flexibility for property owners, and 525
Item #: 3.1
ensuring that nonconforming uses and CUP processes are consistent with the Town’s economic development objectives. The Planning Commission reviewed the amendments at a public hearing and expressed support for forwarding them to the Town Council for consideration.

The following is a summary of the proposed amendments:

Nonconforming Uses and Structures (Amended Title 10, Chapter 3, Article 13) • Standalone Article: Establishes a new article dedicated to nonconforming uses and structures, providing clarity, emphasis, and improved organization. • Abandonment Period: Reduces the period from six months to 90 days to encourage timely reuse of commercial spaces.
• Rebuild Threshold: Increases the threshold triggering conformity requirements from 50% to 75% of exterior wall removal, supporting reinvestment while maintaining a path toward eventual compliance.
• Termination Procedures: Clarifies decision-making authority and establishes due process for terminating nonconforming uses.
• Purpose and Intent: Updates language to articulate objectives and provide stronger guidance for interpretation and application.

Conditional Use Permits (New- Title 10, Chapter 3, Article 29) • Updated Findings: Streamlines and modernizes CUP findings to align with the General Plan, zoning district purposes, and specific requirements for ground-floor office uses in the C-2 District.
• Expiration Authority: Grants the Community Development Director or Planning Commission discretion to set CUP expiration dates, with applicants able to reapply after expiration. This tool ensures CUPs remain consistent with the Town’s long-term land use and economic goals.

Collectively, these amendments strengthen the Town’s ability to address underutilized or outdated land uses, support reinvestment in existing structures, and balance flexibility for property owners with the broader community interest in a thriving downtown core.

FISCAL IMPACT
No direct fiscal impacts are anticipated from the adoption of these ordinance amendments.

GENERAL PLAN CONSISTENCY
The proposed zoning ordinance amendments are consistent with the goals, policies, and implementation programs of the San Anselmo General Plan, including those related to land use, economic vitality, community character, and sustainability. 526
Item #: 3.1
Specifically, the amendments support the following General Plan objectives:
• Land Use Element Goal LU-1: Maintain and enhance San Anselmo’s small-town character and distinct commercial districts. The proposed updates reinforce the purpose of the C-2 Zoning District by promoting a balanced mix of uses that support a walkable, vibrant downtown.
• Land Use Element Policy LU-3.2: Encourage a mix of retail, service, office, and residential uses in commercial areas that contribute to the economic vitality and character of the Town. By clarifying regulations for office uses and conditional use permits (CUPs), the amendments help ensure that future uses are compatible with community goals and contribute to a lively, economically sustainable downtown core.
• Economic Development Element Goal ED-1: Support a thriving and diverse business community. The amendments reflect input from the EDC and are intended to preserve flexibility while reducing long-term commercial vacancies and encouraging business occupancy in the downtown area.
• Implementation Program LU-4.A: Periodically review and update the Zoning Ordinance to ensure consistency with the General Plan. This effort directly implements this program by updating zoning regulations to reflect current economic and land use priorities while maintaining alignment with the General Plan framework.

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
California Environmental Quality Act (CEQA)
The proposed zoning ordinance amendments are exempt from environmental review under CEQA pursuant to the following exemptions:
• CEQA Guidelines Section 15061(b)(3). Common Sense Exemption: It can be seen with certainty that the ordinance amendments will not have a significant effect on the environment, as they do not authorize physical development or changes in land use that would result in environmental impacts.
• CEQA Guidelines Section 15301. Existing Facilities: The amendments involve minor alterations to the regulation of existing commercial uses, with negligible or no expansion of use beyond that already in existence.
• CEQA Guidelines Section 15303. New Construction or Conversion of Small Structures: The ordinance amendments allow for limited flexibility in commercial uses and are not expected to increase development intensity or change the rate at which development occurs. Therefore, it can be seen with certainty that the amendments will not result in significant environmental effects. 527
Item #: 3.1
Climate Action Plan Conformance
The proposed amendments are consistent with the Town of San Anselmo’s adopted Climate Action Plan. The updates support infill development and reuse of existing commercial spaces, reduce long-term vacancies, and promote a walkable, mixed-use downtown. These actions align with the Town’s climate goals by minimizing vehicle trips, supporting local economic resilience, and encouraging efficient land use patterns.

ATTACHMENTS
Attachment 1 – Draft Ordinance
Attachment 2 – Draft Ordinance- Redline
Attachment 3 – Planning Commission Resolution No. 2025-17 Attachment 4 – August 18, 2025, Planning Commission Staff Report with Attachments 528
1 San Anselmo Approved Council Minutes
Regular Meeting
Town Council Chambers and via Zoom
Tuesday, September 23, 2025
7:00 PM Call to Order: Optional Pledge of Allegiance
COUNCILMEMBERS PRESENT: Tarrell Kullaway (Mayor)
Steve Burdo (Vice Mayor)
Eileen Burke
Yoav Schlesinger
Chantel Walker
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Megan Acevedo, Town Attorney
Serge Avila, Town Clerk
Heidi Scoble, Community Development Director
Lindsey Klein, Principal Planner
Scott Schneider, Assistant Public Works Director
Linda Kenton, Town Librarian
Mattie O’Grady, Recreation Director
Open Time for Public Expression
Sue Saunders supported Cal Green Tier 1 building policies and is disappointed they were not adopted by the Council.

Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Councilmember Burdo reported he attended the Ross Valley Fire Board meeting; the “Reach for the Stars” gala; the Town Parade.

Councilmember Walker reported she attended the Town Parade; the “Sprit of Marin” Awards Ceremony will be held this Friday.

Councilmember Burke reported she attended Comedy Night; next weekend is the last “Live on the Avenue” event.

Councilmember Schlesinger reported it is National Voter Registration Day; it is Rosh Hashanah and he wished everyone a Happy New Year; he discussed the events of the last week with respect to national politics and he thanked the San Anselmo community for coming together to solve local issues.

Mayor Kullaway reported she attended the MCCMC Legislative Committee meeting.

Town Manager Donery reported staff received an application for the Anniversary of Creek Park Celebration but neglected to place it on tonight’s Council agenda. He asked the Council for permission to administratively approve the application and then bring it to the Council for formal approval at the next meeting. The event is scheduled for October 12th. It was the consensus of the Council to support this process.
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2 Special Presentation
Proclamation Honoring Juan Olsen Sanchez for his 36 Years of Service to the San Anselmo Community.

Recreation Director O’Grady presented Mr. Sanchez with a Proclamation honoring him for 36 years of service to San Anselmo.

Members of the community thanked Mr. Sanchez.

Mr. Sanchez thanked the Council for the Proclamation and the community for its support.

1. Consent Agenda

1.1 Approve the Draft Minutes of the Regular Town Council Meeting of September 9, 2025

1.2 Receive and File the Financial Report on Recreation Fund ending August 31, 2025

1.3 Receive and File Revenue and Expenditure Reports, August 2025

1.4 Adopt a Proclamation Declaring National Friends of Libraries Week in San Anselmo, October 19-25, 2025

1.5 Approve Notice of Completion for Isabel Cook Community Center Reroof

1.6 Approved Resolution No. 2025-4596 Amending the Master Fee Schedule for the Town of San Anselmo
Councilmember Burdo wanted to pull item #1.1.

Councilmember Walker wanted to pull item #1.4
M/s, Walker/Burke, Motion to approve Consent Calendar items #1.2, #1.3, #1.5, and #1.6.

AYES: Burdo, Burke, Schlesinger, Walker, Mayor Kullaway

1.1 Approve the Draft Minutes of the Regular Town Council Meeting of September 9, 2025 Councilmember Burdo was concerned about the misspelling of names in the minutes.

M/s, Burke/Schlesinger, Motion to approve Consent Calendar item #1.1.

AYES: Burke, Schlesinger, Walker
ABSTAIN: Burdo, Mayor Kullaway

1.4 Adopt a Proclamation Declaring National Friends of Libraries Week in San Anselmo, October 19-25, 2025
Councilmember Walker thanked the Library volunteers.

M/s, Walker/Burke, Motion to approve Consent Calendar item #1.4.

AYES: Burdo, Burke, Schlesinger, Walker, Mayor Kullaway 530
3 Council Business Items

2.1 Review and Approve the Age & Disability Friendly Steering Committee Operational Guidelines
Recreation Director O’Grady presented the staff report. Staff answered questions from the Council regarding whether residents have expressed interest; if quarterly meetings would be sufficient; if staff envisioned the formation of ad hoc committees; budget implications; key issues that the committee will deal with.

Mayor Kullaway opened the meeting to public comments.

Mr. Pat Townsley thanked the Council for repealing the paid parking on San Anselmo Avenue.

Mayor Kullaway closed the meeting to public comments.

Councilmember Walker stated she would like to see a report on the Action Plan and associated costs in the near future.

Mayor Kullaway stated this is a priority.

M/s, Walker/Burdo, Motion to approve the Age & Disability Friendly Steering Committee Operational Guidelines.

AYES: Burdo, Burke, Schlesinger, Walker, Mayor Kullaway

2.2 Consultant Contract for the Brookside Elementary School Sidewalk Gap Closure Project Phase 2 and 3
Assistant Director Schneider presented the staff report and a PowerPoint presentation that included the following: 1) Brookside Elementary School Sidewalk Gap Closure Project, Phases 2 & 3); 2) Scope; 3) Budget; 4) Schedule; 5) Original Phase 1 Scope; 6) Phase 2- SFD to Rosemont Avenue; 7) Phase 3- Butterfield Road- Rosemont Avenue to Carlson Avenue. Staff answered questions from the Council regarding the contract and if the original design included all three phases; a suggestion made regarding one of the intersections; the timeline and if it would be possible to move the schedule up a bit; if the budget numbers are “not to exceed” numbers; the cost of meetings.

Mayor Kullaway opened the meeting to public comments.

There were no comments.

Mayor Kullaway closed the meeting to public comments.

Mayor Kullaway stated it would be great to have the project completed before school starts.

Town Attorney Acevedo stated Mayor Kullaway should recuse herself from this item since she lives with the 500 foot radius of the project.

Mayor Kullaway left the dais. Vice Mayor Burdo asked for a motion.

M/s, Walker/Burke, Motion to approve Consultant Contract for the Brookside Elementary School Sidewalk Gap Closure Project Phase 2 and 3.

AYES: Burdo, Burke, Schlesinger, Walker
RECUSED: Mayor Kullaway
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4 Mayor Kullaway returned to the dais.

2.3 Review the Draft Land Use Map for the General Plan Update Community Development Director Scoble and Principal Planner Klein presented the staff report and a PowerPoint presentation that included the following: 1) General Plan Update Process; 2) Land Use Changes; 3) Related Policies; 4) Phase 1: Setting Priorities; 5) Phase 2: Gather Information; 6) Phase 3: Alternatives & Draft Goals; 7) Phase 4: Draft the General Plan and EIR; 8) Community Input to Date; 9) Draft Land Use Map; 10) Feedback on the Map; 11) Land Use Map- Major Changes, Complementary Policies; 12) Residential Hillside Regulations Clean-Up; 13) Open Space Designation; 14) School Site Designation; 15) Central Commercial Density; 16) Reserve Areas; 17) Next Meetings; 18) Discussion. Staff answered questions from the Council regarding the timing of the Hillside Regulations; the “no net loss” law; the number of lots that will receive Open Space designations; the possibility of designating school sites for housing; the 40 units per acre designation and where the lots are located; the implications for housing with respect to the Reserve areas.

Mayor Kullaway opened the meeting to public comments.

There were no public comments.

Mayor Kullaway closed the meeting to public comments.

Mayor Kullaway stated she was looking forward to seeing the goals.

Councilmember Schlesinger stated the map does not need further refinement.

The Council thanked staff for the great work!
Public Hearing Item

3.1 Public Hearing to Adopt an Ordinance Amending Title 10 (Planning and Zoning) to Update Conditional Use Permit Regulations and Replace Nonconforming Uses and Improvements Regulations with New Article on Nonconforming Uses, Structures, and Lots; CEQA Exemption Findings
Community Development Director Scoble presented the staff report and a PowerPoint presentation that included the following: 1) Zoning Ordinance Amendments: Nonconforming Uses and Improvements and Conditional Use Permits; 2) Purpose; 3) Background; 4) Current Policies; 5) Proposed Policies; 6) CUP’s; 7) Nonconforming Uses and Improvements; 8) General Plan Consistency; 9) CEQA and Climate Action Plan (CAP) Consistency; 10) Staff Recommendations. Staff answered questions from the Council regarding the subjective wording in Section G; the definition of “offices”; if a CUP can be carried to a new location; the potential impact of these changes; the baseline definition for “economic vitality”; the revocation process; if expirations could have a fixed term such as three-years; if the 75% threshold applies to the interior only; Section 10.3.1307 regarding the lapse; expiration of Temporary Use Permits; if there is a table identifying permitted land uses in Zoning Districts; if there have been any recent requests for a Conditional Use Permit in the downtown area; outreach to property owners in the C-2 Zone.

Mayor Kullaway opened the meeting to public comments.

There were no comments.
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5 Mayor Kullaway closed the meeting to public comments.

Councilmember Burke stated she was of two-minds about offices in the downtown. She was concerned about restricting what owners can do with his or her property, a time limit for Conditional Use Permits, and how the decision is made about what is and is not permitted.

There could be more objectivity written into the ordinance.

Councilmember Walker stated she would like to receive quarterly reports on the impact of implementing these changes. She would also like to educate the potential users.

Councilmember Schlesinger stated he is not prepared to take action until staff does a specific and targeted outreach to landlords and property owners in the C-2 District.

Mayor Kullaway stated she is concerned with the six month vs. 90 day component.

Councilmember Burdo agreed. He noted there were two places where it should say “Community Development Director or designee”.

It was the consensus of the Council to continue this item to a future date.

M/s, Burke/Walker, Motion to adjourn the meeting at 9:18 p.m. in memory of Mr. Bob Burdo, father of Vice Mayor Burdo.

AYES: Burdo, Burke, Schlesinger, Walker, Mayor Kullaway Respectfully submitted,
Toni DeFrancis,
Recording Secretary
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NOTICE OF PUBLIC HEARING

NOTICE OF PROPOSED ZONING ORDINANCE AMENDMENT
NOTICE IS HEREBY GIVEN that the San Anselmo Town Council will conduct public hearings to consider the adoption of amendments to the Zoning Ordinance (Title 10 of the San Anselmo Municipal Code) related to changes. The proposed changes include amendments to the Conditional Use Permit regulations, and the repeal and replacement of the Nonconforming Uses and Improvement regulations with a stand-alone new article titled, "Nonconforming Uses, Structures, and Lots."
The following is a summary of the proposed amendments:

Conditional Use Permits (Amended - Title 10, Chapter 3, Article 13) • Updated Findings: Streamlines and modernizes CUP findings to align with the General Plan, zoning district purposes, and specific requirements for ground-floor office uses in the C-2 District. • Expiration Authority: Grants the Community Development Director or Planning Commission discretion to set CUP expiration dates, with applicants able to reapply after expiration. This tool ensures CUPs remain consistent with the Town's long-term land use and economic goals.

Nonconforming Uses, Structures, and Lots (New - Title 10, Chapter 3, Article 29) • Standalone Article: Establishes a new article dedicated to nonconforming uses and structures, providing clarity, emphasis, and improved organization.
• Abandonment Period: Reduces the period from six months to 90 days to encourage the timely reuse of commercial spaces.
• Rebuild Threshold: Increases the threshold triggering conformity requirements from 50% to 75% of exterior wall demolition, supporting reinvestment while maintaining a path toward eventual compliance. • Termination Procedures: Clarifies decision-making authority and establishes due process for terminating nonconforming uses.
• Purpose and Intent: Updates language to articulate objectives and provide stronger guidance for interpretation and application.

The proposed Ordinance Amendments are exempt from review under the California Environmental Quality Act (CEQA) pursuant to the "common sense" exemption (CEQA Guidelines Section 15061{b)(3)) and CEQA Guidelines Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures), as the proposed amendments involve negligible or no expansion of existing uses and will not result in any significant environmental impacts.

Town Council Hearing Information
Date: Tuesday, June 23, 2026
Time: 7:00 p.m., or as soon thereafter
Location: Town Hall, 525 San Anselmo Avenue, San Anselmo, California, and via Zoom (www.sananselmo.gov/1613/ Agendas-Meetings)
Copies of the proposed Resolution, Ordinance, and staff reports will be available for public review at San Anselmo Town Hall and online at: www.sananselmo.gov/1613/Agendas-Meetings Please contact the Town of San Anselmo Planning Department at [email protected] if you have any questions regarding the Zoning Ordinance and/or to submit comments. 534
Town of San Anselmo
Community Development Department
525 San Anselmo Avenue
San Anselmo, CA 94960
Re: Zoning Ordinance Amendment
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SAN ANSELMO PLANNING COMMISSION
RESOLUTION NO. 2025-17

RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF SAN ANSELMO RECOMMENDING TOWN COUNCIL ADOPTION OF ORDINANCE AMENDMENTS TO TITLE 10 “PLANNING AND ZONING”, CHAPTER 3 “ZONING’, ARTICLE 3 “CONDITIONAL USE PERMIT”; REMOVING TITLE 10, CHAPTER 3, ARTICLE 6, SECTION 10-3.607 “NONCONFORMING USES AND IMPROVEMENTS” AND REPLACING WITH NEW ARTICLE 29 “NONCONFORMING USES, STRUCTURES, AND LOTS”; AND MAKING ASSOCIATED CEQA EXEMPTION FINDINGS WHEREAS, a conditional use permit (CUP) allows a use of property that is not in strict in compliance with the zoning code with the imposition of certain conditions, which remains in effect so long as the conditions in the permit are satisfied, there is no expiration date in the permit that has expired, and the use is not a public nuisance; and
WHEREAS, the Town desires to ensure compliance with CUPs and provide processes to review CUP compliance in order to promote the stability and consistency of land uses within the Town; and WHEREAS, the Town desires to update the CUP Ordinance to: allow the inclusion of a CUP expiration date; provide a revocation hearing process for CUPs that are out of compliance with the conditions in the permit either by violation or by a period of nonuse; and make other clarification and update changes (“CUP Ordinance Amendments”); and
WHEREAS, a legal nonconforming use, structure, or lot (or a “grandfathered” use, structure, or lot) is one that was lawful on the effective date of a new zoning restriction which made it unlawful, and has continued since that time; and
WHEREAS, to ensure the cohesive and predictable development of the Town that is consistent with Town goals, it is desirable that nonconforming uses, structures, and lots be replaced by conforming uses, structures, and lots over time; and
WHEREAS, the Town’s nonconforming use ordinance, Municipal Code section 10-3.607, is outdated and the Town desires to adopt an updated nonconforming use code to provide more predictability, clarity, and the ability for the Town Council to consider revocation of a nonconforming use; and WHEREAS, the Town desires to update the Town’s nonconforming use ordinance, Municipal Code section 10-3.607 (“Nonconforming Use Ordinance Amendments”, collectively with the “CUP Ordinance Amendments” referred to as the “Ordinance Amendments”); and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the Town may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and WHEREAS, the Ordinance Amendments are in the public interest because they will help ensure that land uses remain consistent with their surroundings and provide processes for the Town to revoke noncompliant and nonconforming uses; and
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WHEREAS, the Ordinance Amendments are exempt from review under the California Environmental Quality Act (CEQA) pursuant to the “common sense” exemption, CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance Amendments will have a significant effect on the environment; pursuant to CEQA Guideline section 15301 involving the minor alteration of existing residences involving negligible or no expansion of use beyond that already in existence; and Section 15303 New Construction or Conversion of Small Structures, because it can be seen with certainty that there is no possibility the Amendments would not have a significant effect on the environment and they make no or minimal changes to land uses, development intensities, or the rate at which development is expected to occur; and
WHEREAS, the ordinance amendments are consistent with the goals and policies of the San Anselmo General Plan, including maintaining the viability of the Town’s commercial core and preserving its small-town character; and by encouraging the monitoring and review of conditional use permits and nonconforming uses, the amendments promote the appropriate use of property, discourage long-term vacancy or disuse, and support the overall health and vitality of the Town’s commercial areas; and
WHEREAS, the Ordinance Amendments do not impact the Town’s Climate Action Plan; and WHEREAS, the Planning Commission is responsible for providing recommendations to the Town Council for proposed amendments to the Town’s Zoning Code pursuant to Government Code section 65853 et seq.; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 18, 2025 to consider the Ordinance Amendments and recommended Town Council adoption of the Amendments; and
WHEREAS, the Town Clerk caused notice of a Town Council public hearing regarding the Town Council’s adoption of the Ordinance Amendments in the Marin Independent Journal newspaper on as required by Government Code section 36933 and published the text of the Ordinance Amendments as required by State law.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Based on substantial evidence in the record, the above recitals are true and correct and incorporated as findings herein.

2. The Planning Commission of the Town of San Anselmo does hereby recommend that the Town Council adopt the Ordinance Amendments as set forth in Exhibits “A” and incorporated herein by reference.
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RESOLUTION PASSED AND ADOPTED, at the regular meeting of the San Anselmo Planning Commission on the 18th day of August 2025 by the following vote:

AYES: Asselstine, Heiman, Pipkin, Smith, Strauss
NOES: None
ABSTAIN: None
ABSENT: None
_____________________________________
Heidi Scoble, Community Development Director
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EXHIBIT “A”
SECTION 1. The above recitals are true and correct and incorporated as findings herein.

SECTION 3. General Plan Consistency Finding. The ordinance amendments are consistent with the goals and policies of the San Anselmo General Plan, including maintaining the viability of the Town’s commercial core and preserving its small-town character; and by encouraging the monitoring and review of conditional use permits and nonconforming uses, the amendments promote the appropriate use of property, discourage long-term vacancy or disuse, and support the overall health and vitality of the Town’s commercial areas; SECTION 4: Ordinance Amendment 1. The following are changes and amendments to the Town of San Anselmo Municipal Code Title 10 “Planning and Zoning”, Chapter 3 “Zoning”, Article 13 “Conditional Use Permit”. New language in underline, deleted language in strikeout.

Amendments shall be renumbered as appropriate.

Article 3. – Conditional Use Permit
10-3.1301 – Purpose and intent.

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10-3.1303 – Application requirements.

The following identifies which conditional use permit applications may be acted upon by the Community Development Director and which use permit applications shall be acted upon by the Planning Commission:
(a) Community Development Director.
(1) Accessory use, when such a use is very low in scale, will not cause a significant increase in intensity of use of the property, and will not alter the primary use of the facility.
(2) Outdoor storage and display of merchandise, plants, and street furniture based upon one (1) of the following:
(a) Within the "C" Districts, the outdoor display and sale of merchandise for a limited time period; and
(b) Within all Districts, the outdoor placement of plants and street furniture on public or private property in limited quantity which, in the opinion of the Planning District will not hinder the free use of the public sidewalk. Such plants and street furniture shall not bear signs, price tags, or other indications that the plants or street furniture is for sale or rent.
(3) Temporary uses.
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(a) Temporary uses. Any use may be authorized on a temporary basis in any commercial zoning district for up to and no more than one (1) year provided the use conforms with the Town's Building and Fire Codes. The Community Development Director may allow a single extension of the original time limits and not to exceed the length of the time originally allowed.

The Community Development Director may refer any of the above to the Planning Commission if, in the opinion of the Community Development Director review by the commission is desirable.
(b) Planning Commission.

The Community Development Director or Planning Commission, as applicable, may grant an application for a conditional permit if all of the following findings can be made:
(a) The proposed location of the conditional use is consistent with the objectives of this Title and the purpose of the zoning district;
(b) The proposed location of the conditional use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare; and
(c) The proposed conditional use will comply with the general plan and each applicable provision of this Title.

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(e) Limited Commercial (C-L) District—All Uses Requiring a Conditional Use Permit:

The granting of the conditional use permit will not allow a use which generates traffic at a rate greater than:
(1) Fifty (50) vehicle trip ends for each one thousand (1,000) gross square feet of gross leasable building area; or
(2) The existing number of trips during the a.m. and p.m. peak hours generated by the existing use as of July 22, 1997 (the determination for vacant buildings will be the most recent use between February 26, 1991 and July 22, 1997) on Sir Francis Drake Boulevard. Those numbers of traffic trips typically generated for existing and proposed uses shall be obtained from the current edition of Trip Generation, Institute of Transportation Engineers.
(f) Ground Floor Office Uses—Downtown Commercial (C-2) District:
(1) The proposed office use supports the Town’s economic development goals by contributing to a vibrant Downtown Commercial District. (g) The granting or denying of a conditional use permit for the on-sale and off-sale of beer and wine in conjunction with the sale of motor fuel shall be subject to the following:
(1) The findings shall be based on substantial evidence in view of the whole record to justify the ultimate decision; and
(2) In addition to the standards listed in the state Business and Professions Code Licensing Restrictions, the Town has the authority to further condition the conditional use permit.
(h) The granting of a conditional use permit will not allow a use that diminishes the existing affordable housing stock, including multifamily units and mixed-use units (e.g., residential units above commercial uses).
(i) Animal Boarding: All exterior walls shall be soundproofed to eliminate potential animal noise to the exterior of the building.
(j) Light Manufacturing: The use shall not cause odors, noise, and other factors which make the environment less desirable.
(k) All Commercial Uses: The size and operating characteristics of the proposed development would provide a balanced mix of uses that would be compatible with the existing and future land uses in the vicinity. (l) Planned Development — All Districts: Refer to the findings in Article 9 of this chapter of the San Anselmo Municipal Code.
10-3.1306 – Revocation of conditional use permit.
(a) A conditional use permit may be revoked or modified for noncompliance with any of the conditions specified in the permit or violation of law. The Planning 542

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Commission shall hold a public hearing to consider the proposed revocation, which hearing shall be noticed in accordance with California Government Code section 65091. The Planning Commission’s decision may be appealed to the Town Council pursuant to Town Municipal Code section 1-4.01 et seq. Failure to appear at a hearing pursuant to this Section shall constitute a waiver of a the right to object to the revocation of a conditional use permit under this Section. (b) For the purposes of this Section, noncompliance with the conditional use permit shall include the violation of any condition in the conditional use permit and/or any abandonment of the approved use, which includes, without limitation, the replacement of the conditional use with another use and the absence of the use on the site that is the previously approved conditional use. (c) The Town’s right to revocation as provided in this Section shall be cumulative to any other remedy allowed by law.
10-3.1307 – Lapse.

A conditional use permit approval shall lapse and become null and void one (1) year following the date on which the permit becomes effective unless: prior to the expiration of the one (1) year a building permit is issued and is active on the site that was the subject of the permit application; a certificate of occupancy is issued for the site or structure that was the subject of the conditional use permit application; or if an alternative period is specified in the conditional use permit. Where a conditional use permit authorizes construction of a new structure or an addition to an existing structure, the failure to secure a building permit and commence construction within the one (1) year period shall be deemed nonuse.

A conditional use permit approval may be renewed for an additional period of one (1) year provided that prior to the expiration of the year from the date when the permit originally became effective, an application for renewal is filed with the Community Development Department. The Community Development Director may grant an application for renewal where there is no change from the original application or condition or refer the matter to the Planning Commission. An application for renewal involving any change from the original application or condition shall be treated as a new application. 10-3.1308 – Expiration and effective date.
(a) The Community Development Director or Planning Commission, as applicable, may set an expiration date for a conditional use permit, or may allow it without a specified expiration date. In the case of a conditional use permit with an expiration date, the applicant may apply for a new conditional use permit upon expiration.
(b) The conditional use permit shall become effective upon the expiration of ten (10) days following the date on which the permit was granted unless an appeal has been made to the Town Council.
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SECTION 5: Ordinance Amendment 2. Title 10, Chapter 3, Article 6, Section 607 “Nonconforming uses and improvements” is hereby repealed and replaced with Title 10, Chapter 3, Article 29 “Nonconforming uses, structures, and lots” as set forth below.

Article 29. – Nonconforming Uses, Structures, and Lots
10-3.2900 – Purpose and intent.

1. Owners or tenants of nonconforming uses shall not:
(i) Enlarge or increase the nonconforming use;
(ii) Extend the nonconforming use to occupy a greater area of land than that occupied by the use at the time it became nonconforming; or (iii) Move the nonconforming use, in whole or in part, to any other location on the subject parcel.
(b) No change in use. A nonconforming use shall not be changed or expanded, except to reduce the extent of the nonconformity or to remove it from the site. (c) Loss of legal nonconforming status. A nonconforming use shall not retain the benefits under this Article (unless exempt pursuant to this Article) if:
(i) The nonconforming use has been abandoned or discontinued for a continuous period of ninety (90) days, or if a structure is not occupied by the nonconforming use for a continuous period of ninety (90) days. (ii) The structure in which the nonconforming use is conducted or maintained is destroyed. For the meaning of this Section, “destroyed” means destruction by any means of 75% or more than the assessed value of the structure excluding the land value, which determination shall be made by the Community Development Director.
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(d) Replacement uses. The use of the site after the discontinuance or removal of a nonconforming use shall comply with all applicable requirements of the Zoning Ordinance and the zoning district.
10-3.2902 – Nonconforming structures.
(a) Additions or alterations. A nonconforming structure may be altered only as follows:
(i) A nonconforming structure may undergo additions or alterations, normal maintenance and repairs including painting, interior and exterior wall surface repair, window and roof repair, and fixture replacement provided that:
(1) The additions, alterations, and/or repairs comply with all applicable provisions of the Zoning Code; and
(2) Demolition shall be considered to occur when seventy-five percent (75%) or more of the existing exterior walls of a structure, measured above the foundation, are removed; and
(3) The structure shall not be enlarged or altered in a manner that increases its nonconformity; however, the structure or any portion thereof may be altered to decrease its nonconformity.
(b) Replacement after destruction. A nonconforming structure that is destroyed by any means, or declared unsafe by the Building Inspector, of 75% or more than the assessed value of the structure excluding the land value, which determination shall be made by the Community Development Director, shall be reconstructed or replaced only in compliance with all applicable provisions of the Zoning Ordinance. (c) Seismic retrofitting and building code compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:
(i) Reconstruction required to reinforce unreinforced masonry structures shall be allowed without the cost limitations in this Article provided that it is limited exclusively to compliance with earthquake safety standards. (ii) Reconstruction required to comply with the Town Building Code shall be allowed without the cost limitations in this Article provided that the reconstruction is limited exclusively to the applicable provisions in the Town Building Code. (d) Exemptions.
(i) Dwellings. Nonconforming single- and multi-family dwellings that have been involuntarily damaged or destroyed may be reconstructed or replaced with a new structure using the same development standards applied to the damage or destroyed structure at the time of construction. If no specific development standards are applicable to the original structure, then it may be reconstructed or replaced as found prior to destruction.
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(ii) Public structures and utilities. Nothing in this Article shall be construed to require the discontinuance, removal, or termination, or to prohibit the alteration, expansion, maintenance, rebuilding, reconstruction, repair or replacement of a publicly owned structure or utility.

All new construction under this Section shall comply with all applicable current Building and Fire Codes.
10-3.2903 – Termination of nonconforming uses.

A nonconforming use may be terminated subject to the following provisions:
(a) The Town Council may initiate a public hearing to consider termination of a nonconforming use under this Section on its own or upon the recommendation of the Planning Commission.
(b) The property owner shall be given notice of the hearing in accordance with California Government Code section 65091.
(c) Failure to appear a hearing pursuant to this Section shall constitute a waiver of a the right to object to the termination of a nonconforming use status. (d) The Town Council shall make the final determination whether to terminate a nonconforming use and shall issue a decision in writing. If the proposed termination is approved by the Council, the use may be continued for a period of two (2) years from the date of the decision, after which time the nonconforming use shall cease. 546
Item #: 2.4

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 2.4
MEETING DATE: June 23, 2026
AGENDA TITLE: Authorize the Town Manager to Negotiate and Execute a Donation Agreement with a Potential Donor
for Completion of Conceptual Drawings for the Creek
Park Project
FROM: Dave Donery, Town Manager
RECOMMENDATION: Staff recommends that the Town Council authorize the Town Manager to negotiate and execute a donation agreement with a donor for completion of conceptual drawings for the Creek Park Project (Attachment 1).

BACKGROUND
On June 25, 2019, following a design competition, the Town Council selected RHAA Landscape Architects to develop a preliminary conceptual design for the Reimagine Creek Park project (“Creek Park Project”). Following selection, RHAA conducted extensive outreach and worked with the Reimagine Creek Park Community Advisory Committee (“CAC”) to develop 60% conceptual plans for the project.

At its November 23, 2021 meeting, the Town Council received a presentation from RHAA of the 60% conceptual drawings for the Creek Park Project.1 The Council authorized RHAA to complete schematic drawings, so that construction of the Creek Park Project could be coordinated with the removal of Building Bridge 2 (632-636 San Anselmo Avenue, hereinafter “BB2”).

However, as the Town Council is aware, the planning and approval process for the removal of BB2 took longer than anticipated. As a result, the Town and Marin County Flood Control and Water Conservation District (“District”) entered into a lease for public use of BB2 in 2020 during the Coronavirus pandemic. The District terminated the 2020 lease in September 2022 following a report that the property could be unstable.

However, subsequent monitoring of strain gauges has shown no further movement of the structure.

1 See presentation at https://sananselmo-ca.granicus.com/player/clip/689?meta_id=83243 547
Item #: 2.4
After additional delays in the BB2 removal project, on February 24, 2026, the Town Council approved a lease agreement with the District for public pedestrian use of BB2. 2 That lease provides that the Town can use the platform for a public gathering area and may improve the leased area for that use with District staff approval.

However, as a prerequisite to public use, the lease requires that the platform be structurally sound. To that end, following execution of the lease, the Town retained a structural engineering consultant to conduct an assessment of the plaza and its underlying support structure and evaluate their condition. That review found that work is necessary to reinforce and repair portions of the structure before public use can begin.

The District is anticipated to support the repairs related to the structural integrity of the substructure and related site conditions.

DISCUSSION
On May 5, 2026, the District Board voted unanimously to cancel the BB2 Removal Project.3 With this cancelation, the prospect of long-term public use of the BB2 platform became more concrete. The Town approached the District about completing necessary safety improvements to the BB2 platform and began working with RHAA to discuss options for making the BB2 structure a cohesive part of the Creek Park design.

Town staff also contacted a donor who has expressed a willingness to fund the completion of the conceptual drawings that will add the BB2 platform to the overall plans for Creek Park. The terms of a donation agreement are being finalized, but the agreement will not be available in time for the June 23 Town Council meeting. However, the donor has indicated that they will cover the costs outlined in RHAA’s attached proposal for this conceptual design work (Attachment 1). The hope is to have these drawings available for the CAC’s review by mid-July and for the Council at the next meeting.

To keep the BB2 component of the Creek Park Project design work moving forward on this timeline, staff is requesting the Council’s authority to have the Town Manager, in consultation with the Town Attorney, negotiate and execute a donation agreement for RHAA’s proposed work.

FISCAL IMPACT
None. The donation agreement will cover all costs listed in RHAA’s proposal.

2 See staff report for lease approval at https://legistarwebproduction.s3.amazonaws.com/uploads/attachment/pdf/3924517/Revised_BB2_Lease_staff_report.pdf 3 See https://flooddistrict.marincounty.gov/building-bridge-2-removal/ 548
Item #: 2.4

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Council’s authorization of the Town Manager to negotiate and sign a donation agreement 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).

Attachment 1 – RHAA proposal for completion of conceptual drawings to integrate BB2 into the Creek Park project
549
April 23rd, 2026
David P. Donery
Town Manager
Town of San Anselmo
Via email
RE: San Anselmo Creek Park Reimagine Reboot
Dear David,
This proposal is in response to a request for Landscape Architectural services for San Anselmo Creek Park Reimagine Reboot.

Based on our understanding of the site and your needs, we suggest the following scope of work. We are happy to modify this scope as necessary to best meet your needs and budget.

SCOPE SUMMARY
TASK 1 – Design Refinement for Bridge Plaza integration – 4 weeks April – May 2026 initial project start up

1.1 Project start up, review background information, review goals and objectives

1.2 City Staff Meeting 1 - to discuss approach and constraints

1.3 Conduct site visit

1.4 Update of base map (working with existing topographic survey)

1.5 Develop 2-3 plaza concepts that integrate with previous park features - rendered plans and 3D

1.6 Stakeholder/Donor Meetings - one in person
TASK 2 – Design Refinement for Bridge Plaza integration completion – 6-8 weeks April – May 2026 initial project start up

1.7 City Staff Meeting 2

1.8 Prepare final rendered plan and photoshop 3D for approved concept

1.9 Update sustainability exhibit

1.10 Stakeholder/Donor Meetings - one in person

1.11 Prepare for City Council presentation

1.12 CAC Presentation

1.13 City Council Presentation

1.14 City Staff Meeting 3

1.15 Project management, quality control and coordination of documents Main Office
225 Miller Avenue,
Mill Valley, CA 94941
rhaa.com
415.383.7900
550
Please see assumptions enclosed. RHAA’s proposed fee for the scope of services listed above:

FEE SUMMARY
Task 1 INITIAL PROJECT START UP $22,500
Task 2 DESIGN REFINEMENT FOR COUNCIL PRESENTATION $40,320 Subtotal RHAA: $62,820
Civil Engineer – BKF $7,000
Structural Engineer- MarStructural $3,000
Electrical Engineer – O’Mahony Myer $3,000
MEP allowance for restroom and stage lighting coordination TBD $3,000 Cost Estimator – R. Borinstein Company $3,000
Subconsultant allowances subtotal: $19,000
Subconsultant Management and Administration 10% $1,900
Total $83,720
Reimbursable Expenses estimated at 2% of fee $1,674
Optional Consultants:

Signage and Wayfinding Not Included
Geotechnical Not Included
Let me know if you have any questions or comments and we can make updates to this proposal to ensure it best meets your needs.

Sincerely,
Manuela King
Principal
RHAA
[email protected]
Assumptions:

1. Submittals will consist of one electronic set and up to one hard copy set (if requested)

2. Reimbursable expenses to be billed monthly as accrued at cost plus 10%.

3. Drawings will be in AutoCAD and Photoshop. Report will be a pdf and in InDesign

4. Site topographic survey will be provided by client

5. Building plans and elevations will be provided by client

6. Contract will be billed monthly by % complete.

7. Bid period and construction period services will be negotiated at the completion of this contract.
551
Exclusions or additional services:

1. The scope of work is limited to the tasks listed above.

2. Fees include meetings and presentations as shown. Additional meetings will be considered extra services.

3. Fees include submittals as shown. Additional submittals will be considered extra services.

4. Significant changes to the approved report will be considered extra services.

5. Civil engineering of vehicular zones not included.

6. Structural engineering of any trellises, walls and other site elements not included

7. Art feature selection and coordination not included.

8. Environmental studies or reports not included.

9. Entitlements processing, meetings, and applications other than those listed above not included.

10. Grant applications not included

11. Design models, videos, or other 3D presentation tools not included, except as listed above.

12. Site lighting and photometrics not included (by others). RHAA will assist with fixture selection. Layout, electrical circuitry, lamping, code review and detailing by others.

13. Signage not included (by others).

14. Civil engineering drawings for utility coordination not included (by others)

15. Demolition plan & specs not included (by others).

16. Additional perspectives, fly-overs, renderings are available to be negotiated at the time of request.

17. Translation services

18. Marketing or fundraising materials are available as an additional service.

19. An intercept survey is available as an additional service.

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San Anselmo City CouncilJune 23, 2026

San Anselmo City Council
June 23, 2026