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HomeMy WebLinkAboutTC Res 2018-10-17 (3) RESOLUTION NO. 42-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING REVISED "STANDARDS FOR ACCESSORY DWELLING UNITS" WHEREAS, on January 18, 2017, the Town Council adopted a comprehensively revised set of standards to be used in the review of accessory dwelling unit applications by approving Resolution No. 04-2017; and WHEREAS, the standards require amendment following the passage of subsequent state legislation; and WHEREAS, the Town Council finds that the revised standards are consistent with the goals, policies, and programs of the Tiburon General Plan, specifically with Housing Element Policy H-D9 and Program H-ee; and WHEREAS, the Town Council finds that adoption of the revised standards is statutorily exempt from the requirements of the California Environmental Quality Act(CEQA)pursuant to Section 21080.17 of the Public Resources Code and Sections 15282(h) and 15061(b)(3) of the CEQA Guidelines. NOW, THEREFORE BE IT RESOLVED that the Town Council hereby adopts revised standards, entitled"Standards for Accessory Dwelling Units (Revised 10/17/2018'), as set forth in the attached Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 17, 2018, by the following vote: AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Welner At- JIM FF.AS IZ, MAYOR ATTEST: LEA STEVANI, TOWN CLERK Attachment: Exhibit A; Standards for Accessory Dwelling Units (Revised 10/17/2018) Tiburon Town Council Resolution No. 42-2018 10/17/2018 Page I of 5 EXHIBIT A Standardsfor Accessory Dwelling Units(Revised 10/17/2018) TYPE 1: When the unit is created through construction of or additions to a Detached Accessory Building or by construction of or additions to a single-family dwelling 1. Zones. The proposed unit would be located on a lot that is zoned for single-family use (R-1, R-1-B, RO, or RPD only) and includes a proposed or existing single-family dwelling. 2. One per Lot. The proposed unit would be the only Accessory Dwelling Unit on the lot and there would be no Junior Accessory Dwelling Unit on the lot. 3. Rental. The Accessory Dwelling Unit may be rented separate from the Primary Unit, but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Accessory Dwelling Unit may not be sold separately from the Primary Unit. 4. Owner Occupancy. One of the dwelling units on the site shall be owner-occupied. For purposes of this standard, "ownership" is defined as a majority (i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 5. Location on Lot. The Accessory Dwelling Unit shall either be attached or located within the Living Area of the proposed or existing Primary Unit, or shall be detached from the proposed or existing Primary Unit and located on the same lot as the proposed or existing Primary Unit. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building a minimum of three (3) feet, or as may be required by the building code. 6. Zoning Development Standards. The proposed Accessory Dwelling Unit shall comply with development standards for the zone in which it is located, specifically, standards for Lot Coverage, Setback,Height, and Floor Area Ratio, except as explicitly set forth herein. 7. Separate Kitchen and Bathroom. The proposed Accessory Dwelling Unit shall contain a separate kitchen and bathroom; both the Primary Unit and the Accessory Dwelling Unit shall comply at a minimum with all requirements of the current residential code; and the Accessory Dwelling Unit shall comply with the building code at the time it was constructed. 8. Size. The total area of Floorspace of an Attached Accessory Dwelling Unit shall not exceed 50 percent of the proposed (if part of a new Primary Unit) or existing Living Area (if an addition to an existing Primary Unit), or 1,000 square feet, whichever is less, provided that at a minimum an efficiency-size unit shall be allowed notwithstanding the 50 percent limit. The total area of Floorspace for a newly-constructed Detached Accessory Dwelling Unit shall not exceed 1,000 square feet. 9. Passageway. No Passageway shall be required in conjunction with the construction or establishment of an Accessory Dwelling Unit. Tiburon Town Council Resolution No. 42-2018 10/17/2018 Page 2 of 5 10. Setback Exceptions. No Setback shall be required for a lawfully-constructed garage in existence prior to January 1, 2017 that is converted in whole or part to an Accessory Dwelling Unit, and a Setback of no more than five (5) feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage. 11. Parking. The application shall comply with parking provisions of Tiburon Municipal Code Chapter 16, including parking setback and parking surface limitations, except as may be set forth below. A. One on-site parking space shall be required for each unit or each bedroom of the proposed Accessory Dwelling Unit, whichever is less, subject to the exemptions provided in paragraph(F) below. The required parking may be provided as tandem parking on a driveway. Tandem parking means that two or more automobiles are parked in a driveway or in any other allowable location on a lot, lined up behind one another. B. Required parking for the Accessory Dwelling Unit may be uncovered. C. Off-street parking for an Accessory Dwelling Unit may be in tandem with parking for the Primary Unit or may be allowed in the front Setback, unless specific findings are made that such is not feasible based on specific site or regional topographical topographical or fire and life safety conditions. All parking spaces shall be on an Improved Parking Surface. D. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit, or converted to an Accessory Dwelling Unit, and the Town requires that those parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to, as covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts. E. Subsections A through D of this Standard 11 shall not apply to a unit described in subsection 11 F below. F. On-site parking is not required for an Accessory Dwelling Unit in any of the following circumstances: (1) The unit is located within one-half mile of Public Transit. (2) The unit is located within an architecturally and historically significant historic district. (3) When on-street parking permits are required but not offered to the occupant of the unit. (4) When there is a car share vehicle located within one block of the unit. 12. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the following architectural review standards: A. Architectural Style and Form. Architectural style and building form shall match the style and form of the Primary Unit. B. Architectural Details. Architectural details, including but not limited to windows, roof pitch, and trim shall match the Primary Unit. C. Color and Materials. The color and materials of the Accessory Dwelling Unit shall match the Primary Unit. Tiburon Town Council Resolution No. 42-2018 10/17/2018 Page 3 of 5 D. Lighting. Lighting shall be shielded and/or directed such that it does not produce glare visible from off-site or illuminate adjacent or nearby property. E. Privacy. Windows shall be located to avoid line of sight to windows on adjacent or nearby property. Obscured glass and other techniques may be used to address line of sight issues. 13. Landscaping. Landscaping, including trees and shrubs as necessary, would be installed and maintained as part of the project to minimize the visual impacts of the project, including the screening of parking areas; to provide shade; and to provide a visual buffer between the Accessory Dwelling Unit and its surroundings. Proposed trees would comply with provisions of Chapter 15A of the Tiburon Municipal Code. Any tree over 30 inches in circumference, removed in conjunction with the construction of an Accessory Dwelling Unit, shall be replaced by a 24 inch box tree in the general area from which it was removed. 14. Feasibility Inspection. Unless the project constitutes new construction, a building inspection shall be performed by the Town's Building Division at applicant's cost, and a report establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the Director of Community Development prior to approval of an Accessory Dwelling Unit permit. 15. Sanitary Service. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit would be available. If the lot is connected to the public sewer system, the applicant has submitted a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system,the applicant has submitted a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit. 16. Fire District Regulations. The Accessory Dwelling Unit would comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. 17. Water District Regulations. The Accessory Dwelling Unit would comply with all applicable Water District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. NOTE: Bold and italics indicates a term defined in Title IV, Chapter 10 (Zoning) of the Tiburon Municipal Code. TYPE 2: When the unit is created exclusively through conversion of existing Floorspace in a single-family dwelling or a Detached Accessory Building 1. Location. The unit shall be located in a zone for single-family use and shall not exceed 800 square feet in floor area. These zones are the R-1, R-1-13, RO, and RPD zones only. 2. Pre-existing Legal Structure. The unit shall be created within an existing legal structure (including a single-family dwelling, or a Detached Accessory Tiburon Town Council Resolution No. 42-2018 10/17/2018 Page 4 of 5 Building, which can be a studio, pool house or other similar structure, appurtenant to a single-family dwelling). 3 Independent Exterior Access. The unit shall provide independent exterior access from the Primary Unit. 4. Side and Rear Setbacks. The unit has sufficient side and rear Setbacks to meet fire safety requirements. 5. One per Lot. There shall be no more than one Accessory Dwelling Unit on the lot. 6. Rental. The unit may be rented but may not be rented for a period less than 30 consecutive days or used as a Vacation Rental. 7. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit or the Accessory Dwelling Unit) shall be owner-occupied. For purposes of this standard, "ownership" is defined as a majority (i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 8. Feasibility Inspection. A building inspection shall be performed by the Town's Building Division at applicant's cost, and a memo establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the Director of Community Development prior to approval of an Accessory Dwelling Unit permit. NOTE: Bold and italics indicates a term defined in Title IV, Chapter 16(Zoning) of the Tiburon Municipal Code. Tiburon Town Council Resolution No. 42-2018 10/17/2018 Page 5 of 5