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HomeMy WebLinkAboutTC DRB 2014-10-09 Special MeetingTOWN OF TIBURON Special Meeting Tiburon Town Hall Tiburon Town Council/ 1505 Tiburon Boulevard Design Review Board Tiburon, CA 94920 October 9, 2014 6:00 p.m. JOINT WORKSHOP AGENDA Tiburon Town Council/Design Review Board CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember O'Donnell, Councilmember Tollini, Vice Mayor Doyle, Mayor Fredericks Chair Cousins, Boardmember Chong, Boardmember Emberson, Boardmember Kricensky, Vice Chair Tollmi ORAL COMMUNICATIONS Persons wishing to address the Town Council or Design Review Board on subjects not on the agenda may do so at this time. Please note however, that the Town Council or Design Review Board is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future meeting agenda. Please limit your comments to three (3) minutes. DISCUSSION ITEMS 1. General Comments 2. Second Story Projects in Predominantly Single -Story Residential Neighborhoods 3. Seasonal Rental Units 4. Possible Requirements for Solar Energy Systems on New Homes 5. Other Discussion Topics ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 46 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere- Tiburon library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability - related modification or accommodation, including au>dhary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auadliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. 16- 52.020 - Site Plan and Architectural Review H. Guiding principles in the review of applications. In reviewing applications for Site Plan and Architectural Review, the Review Authority shall determine whether the project meets the applicable criteria below, as well as any other guidelines that the Town Council may have adopted to govern Site Plan and Architectural Review. 3. Neighborhood character. The height, size, and/or bulk of the proposed project bears a reasonable relationship to the character of existing buildings in the vicinity. A good relationship of a building to its surroundings is important. For example, in neighborhoods consisting primarily of one -story homes, second -story additions shall be discouraged, or permitted with increased setbacks or other design features to minimize the intrusion on the neighborhood. [�isc[JS5,d z Belveron Neighborhood Second Story Development Summary 12 -17 -2013 Belveron East (142 lots) Interior Portion (74 lots) Address Full or partial floor 3 Juno Road Partial 29 Juno Road Partial 16 Apollo Road Partial 22 Apollo Road Partial Perimeter Portion (68 lots) 40 Juno Road Partial 5 Mercury Avenue Partial 9 Mercury Avenue Partial 11 Mercury Avenue Partial 29 Mercury Avenue Partial 6 Venus Court Partial 12 Venus Court Partial 15 Venus Court Partial 16 Venus Court Partial 21 Venus Court Partial 26 Venus Court Partial 4 Venus Court (Approved but not yet built) Belveron West (43 lots) Interior Portion (13 lots) 105 Jefferson Drive Partial 115 Jefferson Drive Partial 497 Washington Court Partial Perimeter Portion (31 lots) 473 Irving Court Partial 489 Irving Court Partial 493 Irving Court Partial 101 Jefferson Drive Partial 114 Jefferson Court Partial Approx. Year Approved GRAND TOTAL BELVERON NEIGHBORHOOD LOTS =185 1993 2001 1955 2005 S. IPlanninglDesign ReviewlProcedureskBelveron Neighborhood Second Story Development Summary. doe TOWN OF TIBURON SEASONAL RENTAL UNIT /HOME OCCUPATION REGULATIONS (EXCERPTED FROM TIBURON MUNICIPAL CODE TITLE IV, CHAPTER 16) Definitions Seasonal rental unit. A dwelling unit that is rented on a repeated basis for less than 31 consecutive days, or is advertised or marketed on a repeated basis to be rented for any period less than 31 days. Home occupation. Any use which is conducted entirely within a dwelling and carried on by the inhabitants thereof, is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the character thereof or adversely affect the uses permitted in the residential zone in which it is located, and may be permitted in any residential zone. Subject to the regulations contained in Section 16- 52.110 (Home Occupations). 16- 40.040— Seasonal Rental Units This section establishes standards for the seasonal rental of a dwelling unit in any residential zone. The intent of these provisions is to ensure compatibility between seasonal rental units and adjoining zones or uses. General criteria. Prior to its establishment and /or operation, a seasonal rental unit shall be required to obtain a home occupation permit, tailored to seasonal rental purposes, pursuant to the requirements of section 16- 52.110, including subsections D. and F., except that the following general criteria shall be used instead of the general criteria and operating standards contained in subsections 16.52.110 (B. and C.): 1. Signs. Signs shall be installed /maintained in compliance with Municipal Code chapter 16A (signs). 2. Parking. On -site parking shall be provided as required for a single - family dwelling unit in compliance with division 16 -32 (parking and loading standards). 3. Fire safety. The seasonal rental unit shall comply with applicable fire district regulations. 4. Outdoor space. The use of outdoor yard areas, open decks, pools and the like shall not result in the production of excessive off -site noise, odor and other external disturbances. Said determination to be based on the judgment of the director. Approval of the seasonal rental unit may be conditioned upon the installation of screening, fencing, plantings and /or other such installations and conditions to help ensure compatibility of the seasonal rental unit with the surrounding area. 5. Limitations. In no event shall the owner of the seasonal rental unit or their agent rent an individual room in the seasonal rental unit to a person, family, or other group of persons. 6. Business license. A seasonal rental unit shall have a valid business license from the Town. 16- 52.110 - Home Occupations A. Application and fee. Application for a Home Occupation Permit shall be made in compliance with the provisions of Section 16.50 (Application Filing and Processing), and shall be accompanied by the appropriate fee. A Home Occupation Permit is required for any use defined as a home occupation. B. General criteria. Home occupations shall be limited to the following uses: 1. Art and craft work (ceramics, painting, photography, sculpture, etc.); 2. Tailors, sewing, etc.; and 3. Office -only uses, including an office for an architect, attorney, consultant, counselor, insurance agent, planner, tutor, writer, etc., and electronic commerce. Home Occupations also include any other uses which may be determined by the Review Authority to be of the same general character as the above occupations, and not objectionable or detrimental to the zone in which they are located. C. Operating Standards. Home occupations shall meet the following requirements 1. No significant additional traffic shall be created in the neighborhood; Z� # 3 2. Adequate parking shall be maintained; 3. No more than one nonresident person shall be employed, at which time an additional off- street parking space shall be required beyond that required by Subsection C.2 above; 4. No material may be stored, and no equipment used which is hazardous or visible or audible from outside the building or otherwise creates a nuisance; 5. There shall be no display of goods visible from the exterior of the building, and no signs may be placed on the building or property. The Review Authority may impose any reasonable conditions on the home occupation that are warranted by the type of activity. All persons conducting businesses from their homes are required to have a valid business license from the Town. D. Referral. In his sole discretion, the Director may refer any application for a Home Occupation Permit to the Planning Commission for review and action. E. Appeals. Any person aggrieved by any decision of the Director involving the approval, denial, or revocation of a Home Occupation Permit, may appeal such decision to the Planning Commission in compliance with Section 16- 52.020 (Authority for Land Use and Zoning Decisions) and Section 16 -66 (Appeals). The decision of the Planning Commission on the appeal shall be final. Any person aggrieved by any decision of the Planning Commission involving the approval, denial, or revocation of a Home Occupation Permit (except on appeal), may appeal such decision to the Town Council using procedures set forth in Section 16 -66 (Appeals). F. Business license. A home occupation shall have a valid business license from the Town. Revised 8/2014 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 DIGEST MEMORANDUM Date: September 9, 2014 To: Mayor and Members of Town Council From: Daniel M. Watrous, Planning Manager Subject: Potential Requirements for Solar Energy Systems for New Residential Construction At the March 25, 2014 Town Council -Staff retreat, the Council discussed possible requirements or incentives for installing solar energy systems on all new homes built in Tiburon. The Council discussed several potential approaches to this issue, including an amendment to the Tiburon Zoning Ordinance and policies or programs that would encourage installation of solar energy systems. The Council directed staff to examine different options and report back at a later date. Mandatory Solar Enerav Systems As noted at the Council retreat, there appear to be only two cities in California that currently mandate installation of solar energy systems on new homes. The City of Sebastopol requires the installation of a solar energy system for all new residential buildings; projects that increase the floor area of a house by 75% or more; and for projects that demolish or remodel more than 75% of the house. These houses must either install a system that generates two watts per square foot of gross floor area of the building or a system that offsets at least seventy -five percent of the electrical load of the building on an annual basis. City of Sebastopol staff stated that no applications had been filed to date that would have required installation of a solar energy system, and therefore the ease of compliance and effectiveness of their new regulations is unknown. The City of Lancaster, located in the high desert north of Los Angeles, requires that new dwellings provide an average of one kilowatt per unit from solar energy systems. As there are many large residential subdivisions approved in that community, Lancaster does not necessarily require a solar energy system to be installed on each home, but allows developers to provide the total energy production for an entire subdivision on an aggregate basis. The Lancaster regulations do not provide a sound basis for comparison with Tiburon. Most properties in Sebastopol and Lancaster do not share the same topographical constraints found on the Tiburon Peninsula. Any proposed Tiburon regulation should include an exception process that would allow the Design Review Board to waive the requirement for installing a solar energy system due to issues involving building location or orientation, site topography and/or shading resulting from topography or other physical conditions on or off the subject site. 0IS60s'S1d N T}e wl -# q Potential Solar Energy System Requirements September 9, 2014 Staff has developed potential Tiburon ordinance provisions (Exhibit 2) requiring solar energy systems for new homes that are loosely based on the Sebastopol ordinance. The ordinance provisions would add a new Section 16- 30.130 to the Tiburon Zoning Ordinance imposing the solar requirement, add certain definitions, and amend the design review portion of the ordinance. Policies Encouraging Solar Energy Systems In September 2004, the Town Council adopted the Town of Tiburon Policy for Solar Collector Panels, which waived certain building permit fees for qualifying rooftop solar panels, provided design guidelines for the installation of solar collector panels, and defined the design review procedure for solar panels. After changes in State law prohibited cities from requiring design review approval for solar panels, the Council in 2005 modified the policy to waive certain building permit fees only for roof - mounted solar panels no greater than 8 inches above the roof surface. In addition, a 2012 State law limits the building permit fees that may be collected for roof -top residential solar panel installations to roughly a maximum of $500. Ground- mounted solar collector panels are still subject to payment of standard building permit fees and must comply with the land and structure regulations of the Zoning Ordinance. The current Town policy regarding solar panels is attached as Exhibit 3. The Town already waives the roughly $500 building permit fee for flush - mounted or near -flush- mounted rooftop solar panel systems, including those for new homes, minor remodels and stand- alone solar improvement projects. Given this relatively minimal fee and the waivers associated with many solar energy installations, there are limited opportunities for additional Town incentives through the permitting process. These include: The valuation of a solar energy system could be waived in determining the overall building permit fees. This could marginally lower the permit costs of a project, but would not likely create a substantial economic incentive when compared to the overall construction costs of a new home project or the solar component thereof. The fee waiver for solar energy systems could be expanded to include ground - based systems and roof systems that are not flush - mounted or near - flush - mounted. However, this would provide financial incentives for systems that the Town has previously discouraged due to potential aesthetic and view blockage impacts on neighboring properties. As design review for such installations is forbidden by state law, this option is problematical in certain regards. The $500 fee waiver could be modified to include only new homes and large remodels, similar to those covered by the Sebastopol ordinance. However, this would remove the financial incentive that is currently provided to homeowners who wish to add flush - mounted roof -top solar energy systems to existing dwellings, and could be considered a step backward. If the Town wishes to encourage solar energy systems with greater capacities, incentives could be increased for systems that get down to zero energy usage or to certain production levels, such as those described in the Sebastopol ordinance. It is Page 2 of 3 Potential Solar Energy System Requirements September 9, 2014 unclear whether such an incentive would substantially increase the capacities of systems installed in Tiburon beyond the levels that homeowners would otherwise choose to install without such an incentive. Staff would encourage the Town Council to review these options for promoting the installation of solar energy systems and give direction to Staff about any follow -up actions desired. Attachments: 1. Minutes of the March 25, 2014 Town Council -Staff retreat 2. Draft of ordinance provisions requiring solar energy systems 3. Current Town Policy for Solar Collector Panels Town of Tiburon Councilmember O'Donnell asked why there was still parking on the Tiburon Boulevard shoulder in various areas now that the Town had completed the Lyford parking lot. Chief Cronin described how the parking is exceeded nearly every day by Reed School parents. Other users, such as oversize vehicles and trucks, also need temporary parking for construction projects in Town. He said these vehicles could be moved into the neighborhoods but that often created more problems in those locations. He said that the parking areas were primarily on Caltrans right -of- way, but said that the Council might direct staff to find a way to limit it to two hours, for instance, or ban overnight parking to reduce the problem. Councilmember Fraser agreed that this parking was an eyesore, but that it needs more thought before any action was taken. Councilmember O'Donnell said this might be a topic to discuss at the Parking Committee. Mayor Fredericks supported this suggestion, but noted that people, such as the workers at the Child Care Center, may also need parking in this location. After lunch, the Council began the discussion of "topics of interest ". 1) Requirement for solar devices on new construction. Councilmember O'Donnell said that he thought this was a way to advance green energy while saving homeowners money. He said he was surprised to learn how much the costs had come down. Planning Manager Watrous said he was aware of two cities that had adopted ordinances requiring solar for new homes, remodels, or commercial expansion projects. There was some discussion of incentivizing homeowners rather than making it a requirement. Councilmember Doyle said that the new building codes would require zero energy use by 2030. He wondered whether the Town might encourage solar by giving some sort of discount on the valuation of a project. Mayor Fredericks said that having solar was a great benefit. But Councilmember Tollini said that some homeowners, like she and her husband, had taken a different approach and had rebuilt their home in a highly energy efficient method that reduced their utilities to almost nothing. She expressed concern about overregulation and said an incentive might be preferable to requiring solar panels. Councilmember Fraser suggested soliciting more input from the community on this topic, through Tiburon Talk, and other means. Council directed staff to flesh out some options for incentivizing solar installations and bring them back for Council's consideration. 2) Grey water capture. Mayor Fredericks said that she had asked this item to be placed on the agenda. Building Official Lustenberger described two new California Building Code Sections that were adopted in 2013 that allowed for grey water capture. Lustenberger said that the Marin County Building Officials were discussing how to allow for grey water systems in coordination and consultation with Marin County Environmental Health (the regulating body). Mayor Fredericks asked if the County was ready to take this on. Lustenberger said they had indicated a willingness to take the leadership role but he suggested that the Town prepare its own bulletin for homeowners and review it with the County first. Mayor Fredericks agreed that this was a good approach, and that it was not wise to get ahead of the agency that will ultimately have to regulate these systems. SUMMARY OF TOWN COUNCIL -STAFF RETREAD Page 6 of 9 EXHIBIT INTO. I Solar Energy Systems Draft Ordinance Provisions Section 16- 30.130. Photovoltaic Energy Generation System Required A. Purpose The provisions of Section 16- 30.130 are intended to promote the conservation of natural resources and reduction of greenhouse gas emissions through the requirement to install photovoltaic energy generation systems on all new single - family dwellings. B. When required All new single - family dwellings require the installation of a photovoltaic energy generation system with the capacity described in Section (C) below. This requirement also applies to any single - family dwelling project that meets the definition of "new construction" as defined by Section 16- 100.020 (N). C. Required system size The minimum size of a photovoltaic energy generation system required under this Section may be calculated using either of the following methods: Prescriptive method. The minimum system size utilizing the prescriptive method is two watts per square foot of gross floor area of the building. Watts are calculated using the nameplate rating of the photovoltaic system. There shall be no considerations for performance factors, such as tilt, orientation, shading or tariffs. 2. Performance method. The system sizing for the performance method shall be calculated using modeling software or other methods approved by Building Official. The total building load, including all gross floor area, shall be calculated in kilowatt hours. The system annual output shall be calculated by factoring in system orientation, tilt, shading, local weather conditions and equipment efficiency. The system shall offset at least seventy -five percent of the electrical load of the building on an annual basis. Methods of electrical energy production other than photovoltaic energy generation systems for the new dwelling, including use of renewable resources or installation of new photovoltaic energy generation systems for in- ground swimming pools, shall be included in calculating the total requirement for any specific project. D. Exception The Design Review Board may grant an exception to the requirements of this Section if it makes affirmative findings that there would be an unusual or severe practical difficulty in the installation of the required photovoltaic energy generation system due to physical circumstances, including building location or orientation, site topography and /or shading resulting from topography or other physical conditions on or off the subject site. Town of Tiburon Draft Solar Energy Systems Ordinance Provisions 9 -9 -2014 ZX"..IIIBIT NO. E. Proof of compliance Prior to issuance of a Certificate of Occupancy for new construction the owner of record or his agent shall certify in writing that the required photovoltaic energy generation system is operational, and the Building Official or designee shall verify compliance prior to final sign -off of the building permit. Applicability This ordinance shall not be applicable to applications for Site Plan and Architectural Review that have been deemed to be complete by the Planning Division prior to the effective date of this ordinance. Section 16- 52.020 (H[l11). 11. Green building. The project design includes features that foster renewable energy andlor resource conservation. A photovoltaic energy generation system shall be installed for all new single - family dwellings projects and projects that meet the definition of "new construction" pursuant to Section 16- 100.020 (N). Section 16- 100.020 (N). Definitions New construction. For purposes of Sections 16- 30.130 and 16.52.020(K), a construction project for an existing dwelling or commercial structure wherein either of the following occurs: The roof is removed and more than 50% of the existing exterior wall framing on the upper level is removed. A single -story dwelling is considered to be the upper story for purposes of this clause. 2. All or most of the roof remains, but more than 50% of the exterior wall framing is removed. Section 16- 100.020 (P) Photovoltaic energy generation system. An arrangement of components designed to convert sunlight directly to electricity to supply usable electric power for a variety of purposes. Town of Tiburon Draft Solar Energy Systems Ordinance Provisions 9 -9 -2014 FJ TOWN OF TIBURON POLICY FOR SOLAR COLLECTOR PANELS (Town Council Resolution 05 -2005, adopted February 2, 2005, as revised by Town Council Resolution 13 -2011, adopted March 2, 2011)) PURPOSE To support the State of California in encouraging the use of solar collector panels while also encouraging design which will help to protect and maintain the valued aesthetic qualities which make Tiburon unique. PERMIT FEES WAIVED FOR QUALIFYING ROOF - MOUNTED SOLAR COLLECTOR PANELS The Town of Tiburon will waive the building permit feest associated with the installation of roof - mounted solar panels that meet the Guidelines below. GUIDELINES The Town of Tiburon encourages all property owners to voluntarily comply with the guidelines below. General 1. Solar panels and accessory equipment should be integrated into the design of the building wherever possible. 2. Solar panels should be placed on roofs and in locations that are the least visible from public streets, public facilities, and neighboring properties. Accessory equipment located on the ground should be screened from off -site view through careful placement and/or the use of landscaping or fencing. Roof - Mounted Panels (All Residential Buildings and All Commercial Buildings with greater than 2 in 12 pitch sloped roofs) 3. Roof - mounted solar collectors should match the roof pitch and be placed in close proximity to the surface of the roof below them. To qualify for the building permit fee waiver, the panels must be installed at the same angle as the roof and the top of the solar panel shall not be more than eight (8) inches higher than the surface of the roof below it. Roof - Mounted Panels (All Commercial Buildings with roof pitches equal to or less than 2 in 12) 4. The highest point of the solar panel assembly shall not extend more than 18 inches above the surrounding roof surface. Any existing roof parapet shall be retained or replaced. Ground - Mounted Ground - mounted solar collectors and accessory equipment should be screened from off -site view through careful placement and /or the use of landscaping or fencing. Building permit fees shall not include the Business License Fee and the California Seismic Tax, both of which will be collected. ET- IPIT NO.