_ADU_ Permit. Unless exempt from an _ADU_ Permit pursuant to Section 10-6.103(b) of this chapter, an _ADU_ must receive an _ADU_ permit in compliance with the standards and requirements set forth in this chapter.

Exemptions from _ADU_ Permit. The Town shall ministerially approve a building permit application for an _ADU_ and/or JADU, and no _ADU_ permit shall be required, in the following instances for projects located within a residential or mixed-use zone. Projects exempt from an _ADU_ permit under this section shall remain subject to other applicable construction-related permit requirements including but not limited to building and grading permits.

Interior on Single-Family Lot. One (1) _ADU_ and/or one (1) JADU if the unit(s) is:

Within the proposed or existing space of a single-family dwelling or an existing accessory structure, plus an additional one hundred fifty (150) square feet if required to accommodate ingress and egress;

Has side and rear yard setbacks sufficient for fire safety as determined by the Ross Valley Fire Department.

Detached on Single-Family Lot. One (1) newly constructed detached _ADU_ that is up to 800 square feet of floor area, with minimum four (4) foot side and rear yard setbacks, in compliance with the height limitations as provided in Section 10-6.301(b) of this chapter, on a lot with a proposed or existing single-family dwelling. The _ADU_ may be combined with a JADU located on the same lot.

Existing multifamily lot. Multiple _ADUs_ within the portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least one (1) _ADU_ within an existing multifamily dwelling and up to twenty-five (25%) percent of the number of existing permitted multifamily dwelling units rounded down to the nearest whole number shall be allowed.

Not more than two (2) detached _ADUs_ located on a lot that has an existing or proposed multifamily dwelling, in compliance with the height limitations as provided in Section 10-6.301(b) of this chapter, and side and rear yard setbacks of no more than four (4) feet.

If the existing multifamily dwelling has a rear or side yard setback of less than four (4) feet, no modification to the existing multifamily dwelling shall be required as a condition of approving the _ADU_ application if the _ADU_ satisfies the requirements of this subparagraph.

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The following requirements apply to all _ADUs_ and JADUs applications:

Application and Review. An application for an _ADU_ permit shall contain such information as reasonably requested by the Town Planning and Building Departments accompanied by the appropriate fee. In addition to the _ADU_ permit, the applicant shall obtain all other required permits including but not limited to a building permit or a grading permit.

Ministerial Review. A permit application for an _ADU_ and/or a JADU shall be considered and approved ministerially without discretionary review or a public hearing. The decision shall not be subject to an administrative appeal.

modified

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Unless otherwise provided for in this chapter, the following requirements apply to all _ADUs_ and JADUs that are approved with either an _ADU_ permit pursuant to Section 10-6.103(a) of this chapter or exempt from an _ADU_ permit pursuant to Section 10-6.103(b) of this chapter.

Number of Units and Zoning District. One (1) _ADU_ and JADU is allowed on any parcel in a single-family residential or multifamily zoning district with a primary dwelling unit unless otherwise prohibited by local or State law.

All _ADUs_ permitted before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the _ADU_ was created.

An _ADU_ permitted between January 1, 2020 and January 1, 2025 is not subject to any owner-occupancy requirement.

All _ADUs_ that are permitted on or after January 1, 2025 require owner occupancy as a place permanent residence. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

All JADUs require owner occupancy as a place of permanent residence. The owner may reside in the primary dwelling or the JADU.

At least fifty (50) percent of the common wall of the Attached _ADU_ shall be attached to the primary dwelling unit.

No Separate Conveyance. No _ADU_ or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot), except as otherwise provided in Government Code section 65852.26.

No Short Term Rental. An _ADU_ or a JADU shall not be rented for less than thirty (30) consecutive days, except as otherwise provided for in this chapter.

Density. _ADUs_ and JADUs shall not be considered to exceed the allowable density for the lot upon which the unit is located, and are a residential use consistent with the Town's General Plan and zoning designation for the lot.

Impact Fees. No impact fee is allowed for an _ADU_ that is less than seven hundred fifty (750) square feet. For purposes of this subparagraph "impact fee" means a "fee" under California Government Code section 6600(b), except that it also includes fees specified in Government Code section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. Any impact fee required for an _ADU_ that is seven hundred fifty (750) square feet or larger must be charged proportionately in relation to the square footage of the primary dwelling unit.

An _ADU_ shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the _ADU_ unit was constructed with a new single-family dwelling. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

For a unit described in Section 10-6.103(b) of this chapter, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the _ADU_ and the utility, or impose a related connection fee or capacity charge, unless the _ADU_ was constructed with a new single-family dwelling.

For a unit not described in Section 10-6.103(b) of this chapter a local agency, special district, or water corporation may require a new or separate utility connection directly between the _ADU_ and the utility. Consistent with California Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden ofthe proposed _ADU_, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code, adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

Adequate Services. Proof of the proposed method of water supply and sewage disposal, as well as service availability from any associated electric and gas provider for the lot, must be provided and confirmed by letters of service availability from the appropriate utility service providers for the lot. The property must have existing or future legal access to these utilities.

All _ADUs_ and JADUs shall comply with all applicable building, fire, safety and environmental regulations including Title 9 Building Regulations, Title 6, Chapter 8, Urban Runoff Pollution Prevention and Title 7, Chapter 12, Watercourses unless otherwise provided for in this chapter or as required by State law.

An _ADU_ must comply with local building code requirements that apply to detached dwellings, except that the construction of an _ADU_ shall not constitute a Group R occupancy change under the Town's Building Code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Town's Public Works and Building Director makes a written finding based on substantial evidence in the record that the construction of the _ADU_ could have a specific, adverse impact on public health and safety. Nothing in this subsection shall be interpreted to prevent the Town from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

The Town shall not require the correction of nonconforming zoning conditions as a condition of approval for an _ADU_ or JADU.

The Town shall not deny an application to create an _ADU_ or JADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the unit.

No Passageways. No passageway shall be required in conjunction with the construction of an _ADU_ or JADU.

Fire Sprinklers. The installation of fire sprinklers shall not be required in an _ADU_ if sprinklers are not required for the primary residence. The construction of an _ADU_ shall not trigger a requirement for fire sprinklers to be installed in an existing primary dwelling or an existing multifamily dwelling, as applicable.

below, the Town shall not deny an application for an unpermitted _ADU_ that was constructed before January 1, 2018, due to either of the following:

The _ADU_ is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

The _ADU_ does not comply with Government Code section 65852.2 or any local ordinance regulating _ADUs_.

Notwithstanding subdivision (1), the Town may deny an application for an _ADU_ subject to subdivision (1) if the Town makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

The section shall not apply to a building that is deemed substandard pursuant to Health and Safety Code section 17920.3.

Detached Garage Demolition. A demolition permit for a detached garage that is to be replaced with an _ADU_ shall be reviewed with the application for the _ADU_ and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an _ADU_, unless the property is located within an architecturally and historically significant historic district.

Deed Restriction. Prior to issuance of a building permit for an _ADU_ or JADU, a deed restriction shall be recorded against the title of the property in the Marin County Recorder's office subject to the approval of the Town Attorney as to form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:

Except as otherwise provided in California Government Code section 65852.26, the _ADU_ or JADU may not be sold separately from the primary dwelling.

The _ADU_ or JADU is restricted to the maximum approved size and to other attributes allowed by this chapter.

The _ADU_ and/or JADU may be occupied by or rented to a separate household living independently from the occupant(s) of the primary residence; provided that the terms for separate occupancy of the accessory unit and/or primary unit shall be longer than thirty (30) days.

Flood Regulations. An attached or detached _ADU_ located in a designated floodplain shall comply with all applicable floodplain requirements in San Anselmo Municipal Code Title 7, Chapter 11. For sites within a Flood Hazard Area on the adopted Federal Emergency Management Agency Flood Insurance Rate Map, the finished floor of an _ADU_ shall be elevated at least one (1) foot above the Base Flood Elevation as "new construction" under Title 7, Chapter 11, Protection of Flood Hazard Areas, even if the project would not be considered a "substantial improvement". The applicant shall submit an Elevation Certificate based on construction drawings with the building permit plans and a final Elevation Certificate shall be required prior to project final.

Urban Lot Splits and Two-Unit Housing Development. Pursuant to the authority granted in Government Code section 65852.21(f) no _ADU_ or JADU shall be permitted on any lot in a single-family zoning district if: 1) an urban lot split has been approved pursuant to Government Code section 66411.7; and 2) a two-unit housing development has been approved for construction pursuant to Government Code section 65852.21.

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Unless exempt from an _ADU_ permit pursuant to Section 10-6.103(b) of this chapter, an _ADU_ must comply with the following objective development standards to receive an _ADU_ permit.

Zoning Conformance. An _ADU_ shall meet the development standards of the zoning district in which it is located except as modified by this section.

Height. Unless otherwise provided for in this chapter, an attached or detached _ADU_ must comply with the following height requirements.

A maximum height of sixteen (16) feet for a detached _ADU_ on a lot with an existing or proposed single family or multifamily dwelling unit.

A maximum height of eighteen (18) feet for a detached _ADU_ on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half (1/2) of one (1) mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code section 21155 of the Public Resources Code, as may be amended from time to time. The Town shall also allow an additional two (2) feet in height to accommodate a roof pitch on the _ADU_ that is aligned with the roof pitch of the primary dwelling unit.

A maximum height of eighteen (18) feet for a detached _ADU_ on a lot with an existing or proposed multifamily, multistory dwelling.

A maximum height of twenty-five (25) feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an _ADU_ that is attached to a primary dwelling. An _ADU_ under this section may not exceed two (2) stories.

Lot Size. There shall be no minimum lot size required for an _ADU_.

Lot Coverage and Floor Area Ratio. The _ADU_ shall comply with the lot coverage and floor area ratio requirements of the underlying zoning district unless otherwise required by this chapter.

A structure constructed in the same location and to the same dimensions as an existing structure that is converted to an _ADU_ or to a portion thereof.

A setback of no more than four (4) feet from the side and rear lot lines shall be required for an _ADU_ that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

The maximum floor area square footage for an attached or detached studio or one (1) bedroom _ADU_ is eight hundred fifty (850) square feet. The maximum floor area square footage for an attached or detached _ADU_ that is more than one (1) bedroom one thousand (1,000) square feet.

The total floor area of an attached or detached _ADU_ not exceed fifty (50%) percent of the existing or proposed primary dwelling. Notwithstanding this provision, an attached or detached _ADU_ must be allowed at least eight hundred (800) square feet of floor area.

The minimum floor area for an attached or detached _ADU_ is one hundred fifty (150) square feet, which is the minimum square footage required for an efficiency unit as defined in California Health and Safety Code section 17958.1, as may be amended from time to time.

An _ADU_ may exceed the maximum sizes provided in this subsection pursuant to Section 10-6.305 of this chapter; provided however, the _ADU_ shall not exceed one thousand two hundred (1,200) square feet.

Separate Entry, Kitchen and Bathroom. All _ADUs_ shall contain a separate entrance, kitchen, and bathroom independent of the primary residence.

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Unless exempt from an _ADU_ permit pursuant to Section 10-6.103(b) of this chapter, an _ADU_ must comply with the following objective standards to receive an _ADU_ permit. Where an application does not meet the objective design standards set forth herein, the application may undergo the standard discretionary design review process as set forth in the San Anselmo Municipal Code Title 10, Chapter 3, Article 15 Design Review.

Building Design. The materials and colors of the _ADU's_ exterior walls, roof, windows, and doors shall be of a complimentary material, color, and style the primary dwelling, including roof, eaves, windows, accents, and doors.

Landscape Design. Landscaping shall be provided around the _ADU_, and its location shall ensure defensible space. Fire-resistant and low-water-use plants shall be included in the landscape design. Landscaping shall be included to screen mechanical and structural elements of the _ADU_, including, but not limited to, foundations, retaining walls, condensers, and transformers.

Entrance. The entrance to the _ADU_ shall face towards the interior of the lot and/or away from neighboring development, unless the _ADU_ is directly accessible from an alley, public path, or public street.

Windows and Doors, Windows in an _ADU_ that is located less than ten (10) feet from a rear or side property line shall be clerestory windows or use frosted or obscure glass. Any new door that faces an adjoining residential property located less than ten (10) feet from a rear or side property line shall either not include windows, or all windows must be made of opaque glass.

Exterior Lighting. All exterior lighting shall be low wattage, shielded, and directed downward.

Skylights. Where visible from off-site locations, skylights shall not have white or light opaque colored exterior lenses.

Historical. An _ADU_ that includes exterior alterations or additions to a property that is listed in the California Register of Historic Places or on a local historical register shall not be approved if it may cause an adverse impact to the historical significance of the property. There shall be no design exception to this requirement.

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Off-street parking to satisfy parking requirements shall be permitted in setback areas in locations determined by the Town unless specific findings are made that parking in setback areas is not feasible based on specific site, regional, topographical, or fire and life safety conditions, which conditions shall include but are not limited to circumstances where parking would impede reasonable emergency and fire access.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an _ADU_ or converted to an _ADU_, it is not required that those off-street parking spaces be replaced.

Parking Exemptions. An _ADU_ shall be exempt from the parking requirement of this section if the unit is:

When there is a designated car share vehicle pick up or drop off location (as defined by the California Vehicle Code) located within one (1) block of the _ADU_;

When a permit application for an _ADU_ is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the _ADU_ or the parcel satisfies any other criteria listed in this paragraph; or

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Unless otherwise provided for in this chapter, JADUs are subject to the following objective development standards:

Location. A JADU shall be located within an existing or proposed single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. One (1) JADU is allowed per lot.

Unit Size. No JADU unit shall be less than one hundred fifty (150) feet or more than five hundred (500) square feet in size. The square footage of any shared sanitation facilities with the primary dwelling unit shall not be included in the square footage calculation.

Access. The JADU unit shall have a separate exterior entrance from the primary dwelling unit.

Bathroom Facilities. A JADU unit may include separate bathroom facilities, or it may share such facilities with the primary dwelling unit. If a permitted JADU does not include a separate bathroom, the JADU unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

Kitchen Facilities. The JADU shall include an efficiency kitchen, which shall include a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

Parking. No parking is required for a JADU.

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It is the Town's intent to preserve _ADUs_ and discourage the conversion of _ADUs_ for the use of the primary dwelling. To this end, the following are requirements that apply when taking actions that remove elements of an _ADU_.

A building permit shall be required to remove the separate entrance or permanent provisions for eating, cooking, and sanitation in an _ADU_.

No building permit shall be issued to remove permanent provisions for eating, cooking, and sanitation or the separate entrance for an _ADU_ created by converting or demolishing a garage, carport, or covered parking structure in conjunction with the construction of an _ADU_ unless either: 1) the project includes restoring the garage for vehicle parking prior to the first inspection on the permit; or 2) the site has the required number of on-site parking spaces as required by the Parking Standards Table, referred to as Table 5A, the San Anselmo Municipal Code and the spaces comply with all provisions for setbacks, siting, configuration and size.

No building permit shall be issued to remove permanent provisions for eating, cooking, and sanitation or the separate entrance for an _ADU_ created with an exception to lot coverage and/or floor area ratio unless the project removes the additional lot coverage and/or floor area granted for the _ADU_ prior to issuance of the permit or a variance is approved.

No building permit shall be issued to remove permanent provisions for eating, cooking, and sanitation or the separate entrance for an _ADU_ created with side or rear yard setbacks that are less than required under applicable development standards unless the project includes removing the area for the _ADU_ where the setback or a variance was approved.