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TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
February 4, 2015
Agenda Item:
/19//* -/
Subject: Recommendation to Consider Amendments to Title IV, Chapter 16
Zoning) of the Tiburon Municipal Code for the Purpose of Establishing
a Permit, Procedures and Standards for Junior Accessory Dwelling
Units in Single Family Dwellings (Ordinance ---First Reading)
Reviewed By: /�
BACKGROUND
In August 2014 the Town adopted its updated Housing Element 2015-2023. Among the
implementing programs contained in the Housing Element H-ff, which calls for consideration of
allowing "junior second units" as a method of creating additional affordable housing in the
community in a low -impact manner. The text of Housing Element Program H-ff is attached as
Exhibit 1.
The proposed zoning text amendments would implement Program H-ff by creating a junior
accessory dwelling unit zoning permit, and establishing a review, decision-making, and appeal
process for the zoning permit. A separate Town Council resolution would set forth the
"standards" by which Town staff would assess a proposed junior accessory dwelling unit for
compliance with the Town's regulations.
I01WEIV _WO -1
The concept of a junior second unit is that it converts and repurposes an existing bedroom in a
single family dwelling into a small semi-independent dwelling unit contained within the existing
walls. Detailed information on junior accessory units and their more familiar relatives, known as
"accessory" or "secondary" dwelling units, can be found in attached Exhibit 8, a white paper
prepared by the City of Novato staff in 2014. Town staff will present a brief power point on
junior accessory dwelling units at the meeting, if desired by the Council.
In order to implement Program H-ff, the following amendments are proposed to the text of the
Zoning Ordinance.
Town Council Meeting
February 4, 2015
ARTICLE II (ZONES AND ALLOWABLE LAND USES
Section 16-21.030 (Table 2-1) would receive minor changes as shown in yellow highlights on
attached Exhibit 2. The primary change is adding "junior accessory dwelling unit" and its
associated zoning code section to the table. In addition, Table 2-1 is being modified to indicate
which types of zoning permits are ministerial (as opposed to discretionary) in nature. Ministerial
zoning permits issued by the Town would include secondary dwelling units, junior accessory
dwelling units, and large family day care homes, all as required by state law.
ARTICLE V (ZONING PERMIT PROCEDURES)
Section 16-50.020 (Table 5-1) would receive minor changes as shown in yellow highlights on
attached Exhibit 3. These changes would clarify the review authority for junior accessory
dwelling units as well as seasonal rental units.
Section 16-52.105 would be added to establish the zoning permit for junior accessory dwelling
units and set forth the process and procedures for review, decision and appeal (see Exhibit 4).
This section and the procedure set forth in it are very similar to those already employed for
secondary dwelling units.
Section 16-54.020 would be amended to refer to junior accessory dwelling unit permits as a
zoning permit issued by the Town.
Section 16-54.040 would be amended to refer to junior accessory dwelling units as a zoning
permit issued by the Town.
ARTICLE X (DEFINITIONS)
Section 16-100.020(.1) would be amended to add a definition for "junior accessory dwelling unit"
that would read as follows:
A dwelling unit that is accessory to and included within the existing walls of a single
family dwelling and is created by the conversion of an existing bedroom. A junior
accessory dwelling unit is an alternate version of a secondary dwelling unit, subject to
different standards for approval, which provides independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, and cooking.
Cooking and food preparation facilities shall be limited to an efficiency -type kitchen as
defined in the Town's Standards for Junior Accessory Dwelling Units. Sanitation
facilities may be independently provided for the junior accessory dwelling unit or may be
shared with occupants of the primary dwelling provided that interior access to the
sanitation facilities is available. A junior accessory dwelling unit cannot be sold
independently of the primary unit, and cannot be used or rented as a Seasonal Rental Unit,
as defined in Article X of this chapter.
STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS
To supplement the zoning ordinance provisions, a set of "standards" would be adopted for the
review of junior accessory dwelling units, similar (but differing in certain aspects) to the
TOW N OF TIBIIRON Page 2 of 3
Town Council Meeting
February 4, 2015
standards used during the review of secondary dwelling units. The proposed standards are
attached as Exhibit 5, and address a variety of factors, including parking and owner occupancy.
PLANNING COMMISSION REVIEW
The Planning Commission held a public hearing on the proposed amendments on January 14,
2015. Following public testimony and discussion, the Commission made certain revisions to the
proposed regulations and unanimously recommended approval to the Town Council by adopting
Resolution No. 2015-02 (Exhibit 6). The Commission modified the proposed amendments to
specify that junior secondary dwelling units could not be used or rented out as Seasonal Rental
Units. Staff supports the modification. Draft minutes of the Commission meeting are attached as
Exhibit 7.
ENVIRONMENTAL REVIEW
Town staff has preliminary determined that the amendments are ministerially exempt from the
requirements of the California Environmental Quality Act (CEQA) under Public Resources Code
Section 21080.17, and are categorically exempt from CEQA based on Sections 15061(b)(3),
15301 and 15305 of the CEQA Guidelines. The Town Council would finalize this determination
in approving the proposed amendments.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing and consider any testimony.
2. Deliberate on the proposed text amendments.
3. Introduce the draft ordinance regarding the Zoning Ordinance amendments. The
procedure would be to move to read by title only, waiving any additional readings, and
introduce the ordinance amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal
Code. Pass the reading by roll call vote. If the fust reading is passed, the ordinance will
return for final adoption on a future consent calendar. The Resolution setting forth the
standards will also be placed on that agenda for adoption.
EXMBITS
1. Housing Element Program H-ff.
2. Table 2-1 with proposed revisions.
3. Table 5-1 with proposed revisions.
4. Draft Ordinance.
5. Draft Resolution setting forth Standards for Review.
6. Planning Commission Resolution 2015-02.
7. Excerpt of draft Planning Commission Minutes of 1/14/2015.
8. City of Novato White Paper on Junior Second Units, April 2014.
Prepared By: Scott Anderson, Director of Community Development
TOWN OFTIBI]RON Page 3 of 3
H-ff Adopt Standards for Junior Second Units. Review and consider adopting
standards to allow the creation of junior second units. Standards to consider
should include, but not be limited to, the following:
(a) Conversion of existing bedroom required — no building expansion;
(b) Maximum 500 square -foot size;
(c) Wet -bar type kitchen only with limitations on size of sink, waste line and
counter area;
(d) Cooking facility limited by electrical service (110v maximum) and prohibition of
gas appliances;
(e) Separate bathroom permitted, but not required;
(f) Require external access and internal access to the remainder of the home;
(g) No additional parking required if dwelling complies with current parking
standards and there is adequate on -street parking to accommodate the
additional use;
(h) Owner occupancy required; and
(i) Ministerial approval process.
The Town will work with utility districts to reduce or waive fees for junior second
units.
Responsibility: Community Development Department, Planning Commission and Town
Council
Financing: General Fund
Objectives: 8 new second units, including junior second units by 2022
Timeframe: Consider adoption of standards in 2015
Housing Element Update 2015-2023 136
EXHIBIT NO. i
TABLE 2-1
Allowed Land Uses and Permit Requirements
for Residential Zones
P Permitted Use
U Conditional Use Permit
MP Ministerial Permit
— Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) R-1 I R -1-B I RO I R-2 I R-3 RPD RMP Regulations
AGRICULTURAL & OPEN SPACE USES
Agriculture, including Aviaries (6) U U U U U U U
Botanical conservatories, outdoornature tabs, and similar feciiRies — — — — — U U
Open space use — — — — — P P
Wildlife sanctuaries — — U U
RECREATION. EnUCAT10N & PUBLIC ASSEMBLY USES
Equestrian facility (2)
U
U
U
—
—
U
U I Title VI, 205.1
Golf course7countryclub
U
U
U
—
—
U
U
Library, museum
U
U
U
U
U
—
—
Parochialorothernonprofitschool- elementary,secondary,orcollege
U
U
U
U
U
U
U
Philanthropic or charitable facility
U
U
U
U
U
U
U
Private residential recreation facilities
U
U
U
U
U
U
U
Public park
P
P
P
P
P
P
P
Playground
U
U
U
U
U
U
U
Publicly owned building or facility
U
U
U
U
U
U
U
Religious places of worship
U
U
U
U
U
U
U
RESIDENTIAL USES
Home occupationiSeasonat rental unit
P
P
P
P
P P
P 16-62.110/1640.041
Intermediate or community care facilRy(3)
P
P
P
P
P P
P
Multifamily dwelling
—
—
—
—
P —
P
Secondary dwelling unit/Junior accessory dwelling unit (5)
MP
MP
MP
—
— MP
— 16-52.10011652:10
Single-family dwelling
P
P
P
P
— P
P
Single-family dwelling providing roomfboard for 1 paying guest
P
P
P
P
— P
P
Two-family dwelling, attached
—
—
—
P
— —
P
Two-family dwelling, detached
P(4)—
—
— 16-00.020
Transitional, supportive housing
P
P
P
P
P P
P
Key to Zoning District Symbols
Notes: (1) See Adicle X (Definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon
revocation of license issued under horse license ordinance.
(3) As defined by state law or any other residential rare facilely for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling excepfion, as set forth in Section 16-40.020. Detached two-family
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Section 16-62.
(5) Also subject to Standards adopted by separate Resolution of the Town Council.
(5) Except for chicken -keeping and bee -keeping as set forth In Section 16-40.070.
Ir-=1-11NO.
TABLE 2.1 (Continued)
P Permitted Use
Allowed Land Uses and Permit Requirements
U Conditional Use Permit
for Residential Zones
MP Ministerial Permit
—
— Use not allowed
Residential Planned
Development
PERMIT REQUIRED BY DISTRICT
Specific Use
LAND USE (1)
R-1
R-1.13 I
RO
I R-2
I R-3
I RPD I
RMP
Regulations
SERVICES -GENERAL
Bed and breakfast facility (B&B)
U
U
U
—
—
—
—
Residential Planned
Development
Child day-care facilities, small family day-care homes – up to 8
P
P
P
P
P
P
P
Health &
Safety Code
children 5
O
1597.3 at seq.
Health &
Child day-care facilities, large family day-care homes -9to14
MP
MP
MP
MP
MP
MP
MP
Safety Code
children (5)
1597.46-
1597.465
Child day-care center -15 or more children
U
U
U
U
U
U
U
Medical Services - Hospital
U
U
U
U
U
U
U
Real estate tract office
U
U
U
U
U
U
U
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Public utility and communication equipment building
U
U
U
U
U
U
U
Residential Planned
Development
Wireless communication facility, amateur or professional
U
U
U
U
U
U
U
Government
Code 65650.6
Key to Zoning District Symbols
R-1
Single -Family Residential
R-3
Multifamily Residential
R -1-I3
Modified Single Family Residential
RPD
Residential Planned
Development
RO
Residential Open
RMP
Residential Multiple Planned
R-2
Two -Family Residential
Notes:
(1) See Article X (Definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon hors: license ordinance. Use permits for keeping horses shall automatically terminate upon
revocation of the license issued under horse license ordinance.
(3) As defined by stale law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 1640.020. Detached two-family
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Sec. 16-62.
(5) When located in a single-family dwelling.
Table 5-1 - Review Authority
. -KET BI1 NTO.
Role of Review
Authority'
Type of Permit or Decision
Director
Design Review
Planning
Town Council
Board
Commission
Site Plan and Architectural
Decide
Appeal Action
Review
Site Plan and Architectural
Decide
Appeal Action
Review Minor Alterations
Variance, Site Plan and
Decide
Appeal Action
Architectural Review -related
Variance, Other
Decide
Appeal Action
Conditional Use Permit
Decide
Appeal Action
Condominium Use Permit
Decide
Appeal Action
Precise Development Plan
Recommend
Decide
Secondary Dwelling Unit Permit(
Decide
Appeal Action
Junior Accessory Dwellinq Unit
Zoning Ordinance Tent
Recommend
Decide
Amendment
Rezoning or Prezoning2
Recommend
Decide
Home Occupation Permit or
Decide3
Appeal Action3
Seasonal Rental Unit Permit
Tempora Use Permit
Decide
A peal Action
Tidelands Permit
3
Appeal Action 3
minor and incidental)Decide
Tidelands Permit (all other)
Decide
Appeal Action
Minor changes to an approved
project
Decide"
Notes:
1. "Recommend" means that the review authority makes a recommendation to a higher decision-making
body; "Decision" means that the authority makes the final decision on the matter; "Appeal Action"
means that the review authority may consider and decide upon appeals to the decision of an earlier
decision-making body, in compliance with Section 16-66 (Appeals).
2. If the Planning Commission denies an application for a Precise Development Plan amendment,
Zoning Text Amendment, Rezoning or Prezoning, that decision is final unless appealed to the Town
Council.
3. The Director may refer any such application to the Planning Commission for review and action, in
which case the Town Council will be the appeal body.
4. An appeal of the Director's decision shall be heard by the original project's Review Authority, whose
decision shall be final.
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Al -11-11 1Q""r91-NR1MX"0V1
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BY MAKING
VARIOUS TEXT AMENDMENTS PRIMARILY RELATED TO
JUNIOR SECONDARY DWELLING UNITS
�100W t113zaM-W151] 1►Clf.`A
A. On January 14, 2015, the Planning Commission adopted Resolution No. 2015-01
recommending to the Town Council that various text amendments be made to Title IV,
Chapter 16 (Zoning) of the Tiburon Municipal Code.
B. The Town Council held a duly noticed public hearing on , 2015 and
has heard and considered all public testimony on the proposed Ordinance.
C. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
D. The Town Council finds that the amendment actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare.
E. The Town Council has found that the amendments made by this Ordinance are consistent
with the goals and polices of the Tiburon General Plan and other adopted ordinances and
regulations of the Town of Tiburon, and further the intent and purposes of General Plan
goals and policies.
F. The Town Council finds that adoption of this ordinance is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Sections
1530, 15305, and 15061(b)(3) of the CEQA Guidelines, and is statutorily exempt from
CEQA pursuant to Section 21080.17 of the Public Resources Code.
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code is amended as follows:
(A) Section 16-21.030 (Table 2-1) is amended to read as shown on attached Exhibit 1.
(B) Section 16-50.020 (Table 5-1) is amended to read as shown on attached Exhibit 2.
(C) Section 16-52.105 is added to read as follows:
Tiburon Town Council Ordinance No. .MN. S.
Effective --/--/20I5 1
E)K IIDIT NO.
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16-52.105 Junior Accessory Dwelling Unit.
This section provides for the establishment and reasonable regulation of junior accessory
dwelling units in order to encourage housing opportunities for all segments of the
population while ensuring the public health, safety and welfare.
A. Zoning Permit Required. No junior accessory dwelling unit shall be established
or used unless a junior accessory dwelling unit zoning permit has been issued by
the Town.
B. Application and fee. Application for a junior accessory dwelling unit permit
shall be made in compliance with the provisions of Section 16-50 (Application
Filing and Processing) and shall be accompanied by the appropriate filing fee.
C. Director of Community Development as Review Authority. Applications for
junior accessory dwelling units shall be acted upon by the Director without
discretionary review or a public hearing.
D. Grant of Junior Accessory Dwelling Permit. In order to grant a junior
accessory dwelling unit permit, the Director shall find that the proposed unit
would comply with this section and with all of the standards set forth in the
Town's current Standards for Junior Accessory Dwelling Units, as adopted by
Town Council resolution.
E. Building Permits. A Building Permit and a Certificate of Occupancy shall be
required in conjunction with the installation of a junior accessory dwelling unit.
Any repair, rehabilitation, or other work associated with the installation of the
junior accessory dwelling unit shall also obtain building permits where applicable.
F. Premises identification. The Director shall assign a street address for the junior
accessory dwelling unit and said address shall be plainly visible and legible from
the street fronting the property.
G. Expiration. Junior accessory dwelling unit permits issued in compliance with this
section shall expire and become null and void three (3) years after issuance unless
a Certificate of Occupancy has been issued by the Building Division.
H. Revocation. Upon written notice to the holder of a junior accessory dwelling unit
permit, and a hearing before the Director, the Director may revoke or modify any
such permit, on any one of the following grounds:
1. That the approval was based on false information submitted by the
applicant.
2
3
Tiburon Town Council
That the use for which such approval was granted has ceased to exist or
has been suspended for one year or more.
That the permit granted is being or recently has been exercised contrary to
the terms or conditions of such approval, or in violation of any statute,
Ordinance No. =N. S. Effective --A-12015 2
95
ordinance, law or regulation.
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4. For other good cause.
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I.
Periodic update. The Department shall maintain a record of all authorized junior
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accessory dwelling units and shall review and update the record every two years.
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At the review, the owner of record shall verify in writing under penalty of perjury
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that the junior accessory dwelling unit is in compliance with the Standards for
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Junior Accessory Dwelling Units and with all operating requirements of the
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permit as set forth in applicable ordinances and regulations.
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J.
Reporting of violations. All reporting of junior accessory dwelling unit
107
violations shall be in writing and directed to the Department. The Director shall
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notify the owner of record of the property that a complaint has been registered
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within ten calendar days from receipt of any such complaint. The Director shall
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investigate and issue a written report to the complainant within thirty days from
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the date of the issuance of the notice outlining the current status of any alleged
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violation and the steps that have been requested of the owner of record to remedy
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the situation.
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K.
Violations considered an infraction. Violations of this section shall be punished
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as infractions or by administrative citation, in the discretion of the Director and
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shall be subject to the provisions of Section 16-56.030 (Violations and Penalties)
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and/or Municipal Code Chapter 31 (Enforcement of Code). This subsection also
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applies to violations of requirements of operation issued in association with any
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junior accessory dwelling unit approval.
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L.
Violations --Additional remedies --Injunctions. As an additional remedy, the
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existence and/or maintenance of any junior accessory dwelling unit in violation of
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any provisions herein, or of any requirements of operation placed thereon, shall be
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cause for revocation and shall be deemed and is declared to be a public nuisance
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and may be subject to summary abatement (i.e., including, without limitation,
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administrative abatement in compliance with Municipal Code Chapter 31), and/or
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restrained and enjoined by a court of competent jurisdiction. In the event legal
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action is instituted to abate said violation, the Town shall be entitled to recover its
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costs and reasonable attorney's fees incurred in prosecuting said action.
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M.
Appeals. Any person aggrieved by any decision involving the approval, denial, or
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revocation of a junior accessory dwelling unit may appeal such decision to the
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Town Council in compliance with Section 16-66 (Appeals).
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N.
Density. Pursuant to California Government Code section 68552.2, no junior
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accessory dwelling unit approved under these provisions shall be considered in
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calculating the density of the lot allowed by the land use designation contained in
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the Land Use Element of the Tiburon General Plan.
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Tiburon Town Council Ordinance No. X.ylYN. S. Effective --1--12015 3
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(D) Section 16-54.020 is amended to read as follows:
A Site Plan and Architectural Review approval, Variance, Conditional Use Permit,
Condominium Use Permit, Secondary Dwelling Unit, Junior Accessory Dwelling Unit, or
Tidelands Permit, shall become effective on the 11th day following the date of
application approval by the review authority, provided that the appeal period has ended
and no timely appeal has been filed in compliance with Section 16-66 (Appeals). For
Site Plan and Architectural Review applications for Minor Alteration projects, the
approval shall become effective on the sixth business day following the date of
application approval by the Director, provided that the appeal period has ended and no
timely appeal has been filed in compliance with Section 16-66 (Appeals). A Precise
Development Plan approval shall become effective on the 315` day following date of
application approval by the Town Council.
(E) Section 16-54.040 is amended to read as follows:
After the denial of an application for, or the revocation of, a Site Plan and Architectural
Review approval, Variance, Conditional Use Permit, Condominium Use Permit,
Secondary Dwelling Unit, Junior Accessory Dwelling Unit, or Tidelands Permit, no
application for the approval of the same or a substantially similar project on the same site
shall be considered by the Review Authority within one year after the date of its action on
the original application, unless it is established that there has been a substantial change in
the circumstances under consideration in the original proceedings, or that the denial was
made without prejudice.
(F) Section 16-100.020(7) is amended by adding the following definition:
Junior Accessory Dwelling Unit. A dwelling unit that is accessory to and included
within the existing walls of a single-family dwelling and is created by the conversion of
an existing bedroom. A junior accessory dwelling unit is an alternate version of a
secondary dwelling unit, subject to different standards for approval, which provides
independent living facilities for one or more persons, including permanent provisions for
living, sleeping, eating, and cooking. Cooking and food preparation facilities shall be
limited to an efficiency -type kitchen as defined in the Town's Standards for Junior
Accessory Dwelling Units. Sanitation facilities may be independently provided for the
Junior accessory dwelling unit or may be shared with occupants of the primary dwelling
provided that interior access to the sanitation facilities is available. A junior accessory
dwelling unit cannot be sold independently of the primary unit, and cannot be used or
rented as a Seasonal Rental Unit, as defined in Article X of this chapter.
SECTION 3. SEVERABILITY.
183 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
184 Ordinance, or its application to any person or circumstance, is for any reason held to be invalid
185 or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
186 of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
Tiburon Town Council Ordinance No..L'EYN. S. Effective 1-/2015 4
187 this Ordinance, or its application to any other person or circumstance. The Town Council of the
188 Town of Tiburon hereby declares that it would have adopted each section, subsection,
189 subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
190 more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
191 be declared invalid or unenforceable.
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193 SECTION 4. PUBLICATION AND EFFECTIVE DATE.
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195 This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
196 Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
197 be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
198 which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a
199 newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town
200 Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this
201 ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in
202 the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the
203 ordinance along with the names of those Council members voting for and against the ordinance.
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This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on the , 2015, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon, held on the 2015, by the following
vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
FRANK DOYLE, MAYOR
TOWN OF TIBURON
0010-16
DIANE CRANE IACOPI, TOWN CLERK
Attachments: Exhibit "A" ---Revised Table 2-1
Exhibit `B" --Revised Table 5-1
Tiburon Town Council Ordinance No. X.i'YN. S.
Effective --1--12015
TABLE 2-1
Allowed Land Uses and Permit Requirements
for Residential Zones
P Permitted Use
U Conditional Use Permit
MP Ministerial Permit
— Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) R-1 I R -1-B I RO R-2 R-3 I RPD I RMP Regulations
AGRICULTURAL & OPEN SPACE USES
RECREATION. EDUCATION 8 PUBLIC ASSEMBLY USES
Equestrian facility (2)
U
U
U
—
—
U
U Title Vl, 205.1
Golfcourselcountryclub
U
U
U
—
—
U
U
Library, museum
U
U
U
U
U
—
—
Parochial orother nonprofit school - elementary, secondary, or college
U
U
U
U
U
U
U
Philanthropic or charitable facility
U
U
U
U
U
U
U
Private residential recreation facilities
U
U
U
U
U
U
U
Public pads
P
P
P
P
P
P
P
Playground
U
U
U
U
U
U
U
Publicly owned building or facility
U
U
U
U
U
U
U
Religious places of worship
U
U
U
U
U
U
U
RESIDENTIAL USES
Home occupation/Seasonal rental unit
P
P
P
P
P P
P 16-52.110/1640.040
Intermediate or community care facility (3)
P
P
P
P
P P
P
Multifamily dwelling
—
—
P —
P
Secondary dwelling unit /Junior accessory dwelling unit (5)
MP
MP
MP
—
— MP
— 16-52.10011652.105
Single -Family dwelling
P
P
P
P
— P
P
Single-family dwelling providing room/board for 1 paying guest
P
P
P
P
— P
P
Two-family dwelling, attached
—
—
—
P
— —
P
Two-family dwelling, detached
—
—
—
P(4)
— —
— 1640.020
Transitional, supportive housing
P
P
P
P
P P
P
Key to Zoning District Symbols
R-1 Single -Family Residential R-3 Multifamily Residential
R -1-B Modified Single Family Residential RPD Residential Planned Development
RO Residential Open RMP Residential Multiple Planned
R-2 Two -Family Residential
Notes: (1)See Article X(Defiinitions) forland use definitions.
(2) The keeping ofhorses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon
revocation of license issued underhorse license ordinance.
(3) As defined bystate law orany other residential care facility forthe handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 1640.020. Detached hvo-(amity
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Section 16-62.
(5) Also subject to Standards adopted by separate Resolution of the Town Council,
(6) Except for chicken -keeping and bee -keeping as set forth in Section 1640.070. EXHIBIT
TABLE 2.1 (Continued)
P Permitted Use
Allowed Land Uses and Permit Requirements
U Conditional Use Permit
for Residential Zones
MP Ministerial Permit
—
— Use not allowed
Wireless communication facility, amateur or professional
PERMIT REQUIRED BY DISTRICT
Specific Use
LAND USE (1)
R-1
R-1-13
I RO
I R-2
I R-3
I RPD
I RMP
Regulations
SERVICES - GENERAL
Bed and breakfast facility (B&B)
U
U
U
—
—
—
—
Wireless communication facility, amateur or professional
Child day-care facilities, small family day-care homes— up to B
P
P
P
P
P
P
P
Health &
Safety Code
children 5
O
1597,3 at seq.
Health &
Child daycare facilities, large family day-care homes - 9 to 14
MP
MP
MP
MP
MP
MP
MP
Safety Code
children (5)
1597.46 -
1597A65
Child day-care center -15 or more children
U
U
U
U
U
U
U
MedicalServices- Hospital
U
U
U
U
U
U
U
Real estate tract office
U
U
U
U
U
U
U
TRANSPORTATION. COMMUNICATIONS & INFRASTRUCTURE
Public utility, and communication equipment building
U
I U
U U
U
U
U
RPD
Wireless communication facility, amateur or professional
U
U
UU
U
U
U
Code Government6
Key to Zoning District Symbols
R-1
Single -Family Residential
R-3
I Multifamily Residential
R -1-B
Modified Single Family Residential
RPD
Residential Planned
Development
RO
Residential Open
RMP
Residential Multiple Planned
R-2
Two -Family Residential
Notes:
(1) See Article X (Definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon
revocation of the license issued under horse license ordinance.
(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or condifionally approved a detached two-family dwelling exception, as set forth in Section 16-00.020. Detached two-family
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Sec. 16-62.
(5) When located in a single-family dwelling.
Table 5-1 - Review Authority
EXHIBIT 2
Role of Review Authority'
Type of Permit or Decision
Director
Design Review
Planning
Town Council
Board
Commission
Site Plan and Architectural
Decide
Appeal Action
Review
Site Plan and Architectural
Decide
Appeal Action
Review Minor Alterations
Variance, Site Plan and
Decide
Appeal Action
Architectural Review -related
Variance, Other
Decide
Appeal Action
Conditional Use Permit
Decide
Appeal Action
Condominium Use Permit
Decide
Appeal Action
Precise Development Plan
Recommend
Decide
Secondary Dwelling Unit Permit/
Decide
Appeal Action
Junior Accessory Dwelfinq Unit
Zoning Ordinance Text
Recommend
Decide
Amendment
Rezoning or Prezoningz
Recommend
Decide
Home Occupation Permit or
Decide
Appeal Action3
Seasonal Rental Unit Permit
Temporary Use Permit
Decide
Appeal Action
Tidelands Permit
3
3
Appeal Action
minor and incidental)Decide
Tidelands Permit (all other)
Decide
Appeal Action
Minor changes to an approved
project
Decide"
Notes:
1. "Recommend" means that the review authority makes a recommendation to a higher decision-making
body; "Decision" means that the authority makes the final decision on the matter; "Appeal Action"
means that the review authority may consider and decide upon appeals to the decision of an earlier
decision-making body, in compliance with Section 16-66 (Appeals).
2. If the Planning Commission denies an application for a Precise Development Plan amendment,
Zoning Text Amendment, Rezoning or Prezoning, that decision is final unless appealed to the Town
Council.
3. The Director may refer any such application to the Planning Commission for review and action, in
which case the Town Council will be the appeal body.
4. An appeal of the Director's decision shall be heard by the original project's Review Authority, whose
decision shall be final.
EXHIBIT 2
RESOLUTION NO. XX -2015
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ADOPTING
"STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS"
WHEREAS, the Town Council has adopted zoning regulations establishing a permit
process for the review and approval of junior accessory dwelling units, set forth in Chapter 16,
Section 16-52.105 of the Tiburon Municipal Code; and
WHEREAS, said zoning regulations require the adoption of "Standards for Junior
Accessory Dwelling Units", to be used in the review and processing of zoning permit
applications for such uses; and
WHEREAS, the Planning Commission has reviewed and recommended adoption of said
standards following a public hearing held on January 14, 2015; and
WHEREAS, the Town Council has considered the recommendation of the Planning
Commission and all public testimony and correspondence, and has considered the draft
Standards for Junior Accessory Dwelling Units, at a public meeting held on
2015; and
WHEREAS, the Town Council finds that the Standards for Junior Accessory Dwelling
Units are consistent with the goals, policies, and programs of the Tiburon General Plan,
specifically with Housing Element Program H-ff; and
WHEREAS, the adoption of these 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 15301, 15305, and 15061(b)(3) of the CEQA Guidelines.
NOW, THEREFORE BE IT RESOLVED that the Town Council hereby adopts the
Standards for Junior Accessory Dwelling Units, 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 , 2015, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Tiburon Town Council Resolution No. XX -2015 --1--/2015 Page 1 of
LlrKIBITNo. 5
FRANK DOYLE, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachments: Exhibit A
Tiburon Town Council Resolution No. XX -2015 4--/2015 Page 2 of 4
EXHIBIT A
STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS
The proposed Junior Accessory Dwelling Unitwould be located in one of the
following residential Zones: R-1, R -1-B, RO, or RPD.
2. The proposed Junior Accessory Dwelling Unitwould be the only Junior
Accessory Dwelling Unit on the Lot and there would be no Secondary Dwelling
Unit on the lot.
3. The Junior Accessory Dwelling Unitwould be located on a lot that contains
only one legal single-family dwelling.
4. The proposed Junior Accessory Dwelling Unitwould be located on the same
Lot on which the Owner of Record maintains his or her Principal Place of
Residence.
The Junior Accessory Dwelling Unitwould be in conformance with the current
building codes adopted by the Town. A memo prepared following inspection of
the premises by the Tiburon Building Division, documenting the feasibility of the
project to meet current building codes, shall be provided to the Director of
Community Development prior to approval of a Junior Accessory Dwelling
Unit permit.
6. The Junior Accessory Dwelling Unitwould be created within the existing walls
of a single-family dwelling and would be created by the conversion of an existing
bedroom.
7. The Junior Accessory Dwelling Unit would have a separate exterior entry from
that of the primary residence and internal access to the primary residence is
established.
8. The Junior Accessory Dwelling Unit shall include an efficiency kitchen,
requiring and limited to the following components:
a. A sink with maximum width and length dimensions of sixteen (16) inches
and with a maximum waste line diameter of one -and -a -half (1.5) inches.
b. A cooking facility or appliance that does not require electrical service
greater than one hundred -ten (110) volts. Gas appliances are not
permitted.
C. A food preparation counter and storage cabinets that do not exceed six
(6) feet in length.
Tiburon Town Council Resolution No. XX -2015 --1--/2015 Page 3 of 4
9. The Junior Accessory Dwelling Unit would be located on a lot where the
primary dwelling unit complies with current parking standards and there is
adequate on-site or on -street parking to accommodate the additional use, as
determined in the reasonable discretion of the Director.
10. Adequate sanitation (bathroom) facilities are provided, either a) separately for
the exclusive use of the Junior Accessory Dwelling Unit, or b) shared with the
primary residence through internal access from the accessory unit to the primary
residence.
11. The Junior Accessory Dwelling Unit shall comply with applicable requirements
of the fire protection district serving the lot.
12. The Junior Accessory Dwelling Unit shall comply with applicable requirements
of the public water agency serving the lot.
13. The Junior Accessory Dwelling Unit shall not be rented or used as a
Seasonal Rental Unit.
14. The property on which the Junior Accessory Dwelling Unit is located shall
have deed restrictions recorded upon it as set forth below prior to issuance of a
building permit for the unit. Said restrictions shall be reviewed and approved by
the Town Attorney and recorded with the Marin County Recorder's Office.
a. The Junior Accessory Dwelling Unit shall not be sold separately from
the primary dwelling unit, and shall not be used or rented as a Seasonal
Rental Unit, as defined in Chapter 16 (Zoning) of the Tiburon Municipal
Code.
b. The Junior Accessory Dwelling Unit shall not exceed five -hundred
(500) square feet in floor area nor be less than one hundred -fifty (150)
square feet in floor area.
c. The Junior Accessory Dwelling Unit shall be considered lawful only as
long as either it or the primary residence is occupied by the Owner of
Record as his or her Principal Place of Residence.
d. The restrictions shall be binding upon any successor in ownership of the
property and lack of compliance with any provisions of Tiburon Municipal
Code Section 16-52.105 (or successor sections) may result in legal action
against the property owner, including revocation of any right to maintain a
Junior Accessory Dwelling Unit on the property.
NOTE: Bold and italics typeface indicates a term defined in Title IV, Chapter 16
(Zoning) of the Tiburon Municipal Code.
Tiburon Town Council Resolution No. XX --2015 --/--/2015 Page 4 of 4
RESOLUTION NO. 2015-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF ZONING ORDINANCE TEXT AMENDMENTS TO
THE TIBURON TOWN COUNCIL REGARDING
JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, the 2015-2023 Town of Tiburon Housing Element includes housing goals,
policies and programs that promote a variety of housing choices, including secondary dwelling
units, as an important way to provide affordable rental housing opportunities, especially for senior
households, single persons, single parents, and young households; and
WHEREAS, the Housing Element identifies the need for flexibility and incentives in
development standards to create affordable housing that respond to changing demographics and
needs in the community, including a large projected increase in seniors over the next twenty years,
an increase in the number of young children over the next several years, and an increase in the
purchase and rental prices for housing in Tiburon; and
WHEREAS, existing housing stock has experienced significant decreases in average
household size in recent decades, and over half of Tiburon's housing units are occupied by two or
fewer residents; and
WHEREAS, the Town of Tiburon has provisions for the permitting of secondary dwelling
units in certain residential districts that allow units up to 1,000 square feet in floor area with a full
kitchen and at least one additional required parking space, although despite encouragement for the
creation of such units in the Town's Housing Element, only four secondary dwelling units were
lawfully created between 2007 and 2014; and
WHEREAS, given the need for small, affordable housing units to meet the Town's
changing demographic and economic conditions as set forth in the 2015-2023 Housing Element,
junior accessory dwelling units provide an additional affordable housing option within unused
portions of existing single family dwellings by allowing small rental units to serve as independent
living space for caregivers for elderly residents, or for small rental units to provide additional
income to homeowners while creating below -market -rate rental housing for segments of the local
workforce.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
recommend to the Town Council approval of amendments to Municipal Code Chapter 16 (Zoning)
regarding junior accessory dwelling units, as described in attached Exhibit A, and the adoption of
standards for junior accessory dwelling units, as set forth in attached Exhibit B, based on the
following findings:
1. The proposed amendments are categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to Sections 15301, 15305, and 15061(b)(3) of the CEQA
Guidelines, and pursuant to Section 21080.17 of the Public Resources Code.
EXT -11=7 NO. tf/
Tiburon Planning Commission Resolution 2015-02 01/14/2015 1
2. The Zoning Ordinance amendments are consistent with the Tiburon General Plan and the
goals, objectives, policies and programs adopted therein, specifically with Housing Element
Program H-ff calling for the adoption of standards for junior accessory dwelling units.
3. The proposed Zoning Ordinance amendments are adopted to protect and promote the public
health, safety, and general welfare of residents, and to preserve and enhance the environmental
setting, unique characteristics and aesthetic quality of the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town
of Tiburon held on January 14, 2015, by the following vote:
AYES: COMMISSIONERS: Corcoran, Kulik, Weller, Welner, Williams
NAYS: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
,��� •CHAIR
Tiburon Planning Commission
ATTEST:
ANDERSON, SECRETARY
Attachments: Exhibit A ---Proposed Municipal Code Amendments
Exhibit B --Standards for Junior Accessory Dwelling Units
Tiburon Planning Commission Resolution 2015-02 01/14/2015
(A) Section 16-21.030 (Table 2-1) is amended to read as shown on attached Exhibit 1.
(B) Section 16-50.020 (Table 5-1) is amended to read as shown on attached Exhibit 2.
(C) Section 16-52.105 is added to read as follows:
16-52.105 Junior Accessory Dwelling Unit.
This section provides for the establishment and reasonable regulation of junior accessory
dwelling units in order to encourage housing opportunities for all segments of the
population while ensuring the public health, safety and welfare.
A. Zoning Permit Required. No junior accessory dwelling unit shall be established
or used unless a junior accessory dwelling unit zoning permit has been issued by
the Town.
B. Application and fee. Application for a junior accessory dwelling unit permit
shall be made in compliance with the provisions of Section 16-50 (Application
Filing and Processing) and shall be accompanied by the appropriate filing fee.
C. Director of Community Development as Review Authority. Applications for
junior accessory dwelling units shall be acted upon by the Director without
discretionary review or a public hearing.
D. Grant of Junior Accessory Dwelling Permit. In order to grant a junior accessory
dwelling unit permit, the Director shall find that the proposed unit would comply
with this section and with all of the standards set forth in the Town's current
Standards for Junior Accessory Dwelling Units, as adopted by Town Council
resolution.
E. Building Permits. A Building Permit and a Certificate of Occupancy shall be
required in conjunction with the installation of a junior accessory dwelling unit.
Any repair, rehabilitation, or other work associated with the installation of the
junior accessory dwelling unit shall also obtain building permits where applicable.
F. Premises identification. The Director shall assign a street address for the junior
accessory dwelling unit and said address shall be plainly visible and legible from
the street fronting the property.
G. Expiration. Junior accessory dwelling unit permits issued in compliance with this
section shall expire and become null and void three (3) years after issuance unless a
Certificate of Occupancy has been issued by the Building Division.
H. Revocation. Upon written notice to the holder of a junior accessory dwelling unit
permit, and a hearing before the Director, the Director may revoke or modify any
such permit, on any one of the following grounds:
7a -i..,., wannina f nmmiccinn Resolution 2015-02 01/14/2015
That the approval was based on false information submitted by the
applicant.
2. That the use for which such approval was granted has ceased to exist or has
been suspended for one year or more.
3. That the permit granted is being or recently has been exercised contrary to
the terms or conditions of such approval, or in violation of any statute,
ordinance, law or regulation.
4. For other good cause.
1, Periodic update. The Department shall maintain a record of all authorized junior
accessory dwelling units and shall review and update the record every two years. At
the review, the owner of record shall verify in writing under penalty of perjury that
the junior accessory dwelling unit is in compliance with the Standards for Junior
Accessory Dwelling Units and with all operating requirements of the permit as set
forth in applicable ordinances and regulations.
J. Reporting of violations. All reporting of junior accessory dwelling unit violations
shall be in writing and directed to the Department. The Director shall notify the
owner of record of the property that a complaint has been registered within ten
calendar days from receipt of any such complaint. The Director shall investigate
and issue a written report to the complainant within thirty days from the date of the
issuance of the notice outlining the current status of any alleged violation and the
steps that have been requested of the owner of record to remedy the situation.
K. Violations considered an infraction. Violations of this section shall be punished
as infractions or by administrative citation, in the discretion of the Director and
shall be subject to the provisions of Section 16-56.030 (Violations and Penalties)
and/or Municipal Code Chapter 31 (Enforcement of Code). This subsection also
applies to violations of requirements of operation issued in association with any
junior accessory dwelling unit approval.
L. Violations --Additional remedies --Injunctions. As an additional remedy, the
existence and/or maintenance of any junior accessory dwelling unit in violation of
any provisions herein, or of any requirements of operation placed thereon, shall be
cause for revocation and shall be deemed and is declared to be a public nuisance
and may be subject to summary abatement (i.e., including, without limitation,
administrative abatement in compliance with Municipal Code Chapter 31), and/or
restrained and enjoined by a court of competent jurisdiction. In the event legal
action is instituted to abate said violation, the Town shall be entitled to recover its
costs and reasonable attorney's fees incurred in prosecuting said action.
M. Appeals. Any person aggrieved by any decision involving the approval, denial, or
revocation of a junior accessory dwelling unit may appeal such decision to the
Town Council in compliance with Section 16-66 (Appeals).
PlanninvC'nmmisslnn Resolution 2015-02 01/14/2015
N. Density. Pursuant to California Government Code section 68552.2, no junior
accessory dwelling unit approved under these provisions shall be considered in
calculating the density of the lot allowed by the land use designation contained in
the Land Use Element of the Tiburon General Plan..
(D) Section 16-54.020 is amended to read as follows:
A Site Plan and Architectural Review approval, Variance, Conditional Use Permit,
Condominium Use Permit, Secondary Dwelling Unit, Junior Accessory Dwelling Unit, or
Tidelands Permit, shall become effective on the 11th day following the date of application
approval by the review authority, provided that the appeal period has ended and no timely
appeal has been filed in compliance with Section 16-66 (Appeals). For Site Plan and
Architectural Review applications for Minor Alteration projects, the approval shall
become effective on the sixth business day following the date of application approval by
the Director, provided that the appeal period has ended and no timely appeal has been filed
in compliance with Section 16-66 (Appeals). A Precise Development Plan approval shall
become effective on the 3151 day following date of application approval by the Town
Council.
(E) Section 16-54.040 is amended to read as follows:
After the denial of an application for, or the revocation of, a Site Plan and Architectural
Review approval, Variance, Conditional Use Permit, Condominium Use Permit,
Secondary Dwelling Unit, Junior Accessory Dwelling Unit, or Tidelands Permit, no
application for the approval of the same or a substantially similar project on the same site
shall be considered by the Review Authority within one year after the date of its action on
the original application, unless it is established that there has been a substantial change in
the circumstances under consideration in the original proceedings, or that the denial was
made without prejudice.
(F) Section 16-100.020(1) is amended by adding the following definition:
Junior Accessory Dwelling Unit. A dwelling unit that is accessory to and included
within the existing walls of a single-family dwelling and is created by the conversion of an
existing bedroom. A junior accessory dwelling unit is an alternate version of a secondary
dwelling unit, subject to different standards for approval, which provides independent
living facilities for one or more persons, including permanent provisions for living,
sleeping, eating, and cooking. Cooking and food preparation facilities shall be limited to an
efficiency -type kitchen as defined in the Town's Standards for Junior Accessory Dwelling
Units. Sanitation facilities may be independently provided for the junior accessory
dwelling unit or may be shared with occupants of the primary dwelling provided that
interior access to the sanitation facilities is available. A junior accessory dwelling unit
cannot be sold independently of the primary unit, and cannot be used or rented as a
Seasonal Rental Unit, as defined in Article X of this chapter.
Tiburon Planning Commission Resolution 2015-02 01/14/2015
TABLE 2-1 P Permitted Use
Allowed Land Uses and Permit Requirements U conditional Use Permit
for Residential Zones MP Ministerial Permit
Use not allowed
PERMIT REQUIRED BY DISTRICT- Specific Use
LAND USE (1)
R-1 R -1-B RO R-2 R•3 j:�RPD RMP Regulations
AGRICULTURAL & OPEN SPACE USES
Agriculture, including Aviaries (6) U U U U U U U
Botanical conservatories, outdoor nature labs, and similar facilities — — — — — U U
Open space use — — P P
Wildlife sanctuaries — — — — — U U
RECREATION, EDUCATION 8 PUBLIC ASSEMBLY USES
Equestrian facility (2)
Golf course/countryclub
P
P
U
U
—
—
r r
I -
intermediate or community care facility (3)
Library, museum
rochial or other nonprofit school - elementary, secondary, or college
P
9PP
U
U
U
U
ipp-
Multifamily dwelling
Secondary dwelling unit /Junior accessory dwelling unit (5)
—
MP
Philanthropic or charitable facility
—
MP
—
U
U
Single-family dwelling
P
P
valeresidenfialrecreationfacilities
P
P
U
U
P
P
P
Public park
— P
P
P
P
—
—
—
—
P
P(4)
Playground
U
U
U
U
U
U
U
Publicly owned building or facility
U
U
U
U
U
I
U
U
Religious places of worship
IU
I U
U
U
U
I U
I U
RESIDENTIAL USCS
Home occupation/Seasonal rental unit
P
P
r
r
r r
I -
intermediate or community care facility (3)
P
P
P
P
P P
P
Multifamily dwelling
Secondary dwelling unit /Junior accessory dwelling unit (5)
—
MP
—
MP
—
MP
—
P
— MP
P
— 16-52.100176 52.105
Single-family dwelling
P
P
P
P
P
P
Single-family dwelling providing roomlboard for 1 paying guest
P
P
P
P
— P
P
Two-familydwelling, attached
—
—
—
—
—
—
P
P(4)
— —
P
— 16-00.020
Two-family dwelling, detached
Transitional, supportive housing
P
P
P
I P
P P
I P
Key to Zoning District Symbols
R-1 Single -Family Residential R-3 Multifamily Residential
R-1.8 Modified Single Family Residential ;, . RPD ` Residential Planned Development
RO Residential Open RMP _ Residential Multiple Planned
R-2 Two -Family Residential
Notes: (1) See Article X (Definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon
revocation of license issued under horse license ordinance.
(3) As defined by stale law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safely Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 16-40.020. Detached two-family
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Section 16-62.
(5) Also subject to Standards adopted by separate Resolution of the Town Council. EXHIBIT 1
(6) Except for chicken -keeping and bee -keeping as set forth in Section 16-40.070.
TABLE 2-1 (Continued)
PPermitted Use
Allowed Land Uses and Permit Requirements
U conditional Use Permit
for Residential Zones
MP Ministerial Permit
Use not allowed
U
PERMIT REQUIRED BY DISTRICT
Specific Use
LAND USE (1)
R-1
R -1-B
RO _17R-2
—
R-3
I RPD
RMP
Regulations
er:nnuw -
Single -Family Residential
}x R 3 s,
U
U
U
U
U
Planned
Bed and breakfast facility (130)
U
U
U
—
—
—
—
Residential Multiple Planned
Child day-care facilities, small family daycare homes — up to B
P
p
p
p
p
p
P
Health &
Safety Code
children (5)
1597.3 etseq.
Health &
Child day-care facilities, large family day-care homes - 9 to 14
MP
MP
MP
MP
MP
MP
MP
1
Safety Code
1
children (5)
597.46 -
1597.46-
1597A65
1597A65
Child day-care center -15 or more children
U
U
U
U
U
U
U
Medical Services -Hospital
U
U
U
U
U
U
U
Real estate tract office
U
U
U
U
U
U
U
Dr Arin-1 PnxxI1 "IuPATInAIS L!NFRASTRUCTIIRR
IIV1,.Vr V,.,e.1,v,y _.... ...._..---�---
Single -Family Residential
}x R 3 s,
U
U
U
U
U
Planned
Public utility and communication equipment building
U
U
RPD
Development
RQ
Residential Open
RMP
Residential Multiple Planned
Wireless communication facili , amateur or rofessional
tY P
U
U
U
U
U
U
U
Code nment
65850
Cade fi5850.fi
Key to Zoning District Symbols
R-1 I
Single -Family Residential
}x R 3 s,
Multifamily Residential
`Residential
Planned
R -1-B
Modified Single Family Residential
RPD
Development
RQ
Residential Open
RMP
Residential Multiple Planned
R-2:
Two -Family Residential
Notes:
(1) See Article X (Definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use pennits for keeping horses shall automatically terminate upon
revocation of the license issued under horse license ordinance.
(3) As defined by state law or any other residential pre facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 16-40.020. Detached two-famly
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Sec. 16-62.
(5) When located in a single-family dwelling.
Table 5-1 - Review Authority
Role of Review Authorit
Planning
Type of Permit or Decision
Director
Design Review
a 9
Town Council
Board:
Commission
Site Plan and Architectural
Decide
Appeal Action
Review
Site Plan and Architectural
Decide
Appeal Action
Review MinorAlterations
Variance, Site Plan and
Decide
Appeal Action
Architectural Review -related
Decide
Appeal Action
Variance, Other
Decide
Appeal Action
Conditional Use Permit
Decide
Appeal Action
Condominium Use Permit
Precise Development Plan
Recommend
Decide
Secondary Dwelling Unit Permit/
Decide
Appeal Action
JuniorAccesso Dwellin Unit
Zoning Ordinance Text
Recommend
Decide
Amendmen
Recommend
Decide
Rezoning or Pre7oning2
Home Occupation Permit or
Decide;
Appeal Action;
Seasonal Rental Unit Permit
Decide
Ap eat Action
Temporary Use Permit
Tidelands Permit
Decide;
Appeal Action
minor and incidental
Tidelands Permit (all other)
Decide
Appeal Action
Minor changes to an approved
project
Decide°
Notes:
1. "Recommend" means that the review authority makes a recommendation to a higher decision-making
body; "Decision" means that the authority makes the final decision on the eats to the tier;deciAppeaof aln earlier
means that the review authority may consider and decide upon app
decision-making body, in compliance with Section 16-66 (Appeals).
2. If the Planning Commission denies an application for a Precise Development Plan amendment,
Zoning Text Amendment, Rezoning or Prezoning, that decision is final unless appealed to the Town
Council.
3. The Director may refer any such application to the Planning Commission for review and action, in
which case the Town Council will be the appeal body.
4. An appeal of the Director's decision shall be heard by the original project's Review Authority, whose
derision shall be final.
EXHIBIT 2
EXHIBIT B
STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS
1. The proposed Junior Accessory Dwelling Unit would be located in one of the
following residential Zones: R-1, R -1-B, RO, or RPD.
2. The proposed Junior Accessory Dwelling Unit would be the only Junior
Accessory Dwelling Unit on the Lot and there would be no Secondary Dwelling
Unit on the lot.
3. The Junior Accessory Dwelling Unit would be located on a lot that contains only
one legal single-family dwelling.
4. The proposed Junior Accessory Dwelling Unit would be located on the same
Lot on which the Owner of Record maintains his or her Principal Place of
Residence.
5. The Junior Accessory Dwelling Unit would be in conformance with the current
building codes adopted by the Town. A memo prepared following inspection of
the premises by the Tiburon Building Division, documenting the feasibility of the
project to meet current building codes, shall be provided to the Director of
Community Development prior to approval of a Junior Accessory Dwelling
Unit permit.
6. The Junior Accessory Dwelling Unit would be created within the existing walls
of a single-family dwelling and would be created by the conversion of an existing
bedroom.
7. The Junior Accessory Dwelling Unit would have a separate exterior entry from
that of the primary residence and internal access to the primary residence is
established.
8. The Junior Accessory Dwelling Unitshall include an efficiency kitchen, requiring
and limited to the following components:
a. A sink with maximum width and length dimensions of sixteen (16) inches and
with a maximum waste line diameter of one -and -a -half (1.5) inches.
b. A cooking facility or appliance that does not require electrical service greater
than one hundred -ten (110) volts. Gas appliances are not permitted.
c. A food preparation counter and storage cabinets that do not exceed six (6) feet
in length.
g. The Junior Accessory Dwelling Unitwould be located on a lot where the primary
dwelling unit complies with current parking standards and there is adequate
on-site or on -street parking to accommodate the additional use, as determined in
the reasonable discretion of the Director.
�;k, ,... ml ino Cnmmissinn Resolution 2015-02 01/14/2015
10. Adequate sanitation (bathroom) facilities are provided, either a) separately for the
exclusive use of the Junior Accessory Dwelling Unit,, or b) shared with the
primary residence through internal access from the accessory unit to the primary
residence.
11. The Junior Accessory Dwelling Unit shall comply with applicable requirements
of the fire protection district serving the lot.
12. The Junior Accessory Dwelling Unit shall comply with applicable requirements
of the public water agency serving the lot.
13. The Junior Accessory Dwelling Unit shall not be rented or used as a Seasonal
Rental Unit.
14. The property on which the Junior Accessory Dwelling Unit is located shall have
deed restrictions recorded upon it as set forth below prior to issuance of a building
permit for the unit. Said restrictions shall be reviewed and approved by the Town
Attorney and recorded with the Marin County Recorder's Office.
a. The Junior Accessory Dwelling Unit shall not be sold separately from the
primary dwelling unit, and shall not be used or rented as a Seasonal Rental
Unit, as defined in Chapter 16 (Zoning) of the Tiburon Municipal Code.
b. The Junior Accessory Dwelling Unit shall not exceed five -hundred (500)
square feet in floor area nor be less than one hundred -fifty (150) square feet in
floor area.
c. The Junior Accessory Dwelling Unit shall be considered lawful only as long
as either it or the primary residence is occupied by the Owner of Record as his
or her Principal Place of Residence.
d. The restrictions shall be binding upon any successor in ownership of the
property and lack of compliance with any provisions of Tiburon Municipal Code
Section 16-52.105 (or successor sections) may result in legal action against
the property owner, including revocation of any right to maintain a Junior
Accessory Dwelling Unit on the property.
NOTE: Bold and italics typeface indicates a term defined in Title IV, Chapter 16
(Zoning) of the Tiburon Municipal Code.
Tihnrnn Planning Commission Resolution 2015-02 01/14/2015
Methods of renewable electrical energy production other than photovoltaic energy
generation systems for the new dwelling, including but not limited to use of renewable
reams urces or installation of new photovoltaic energy generation systems for in -ground
swirrilmi,n,g pools, may be included or substituted in satisfying the total requirement for
the new dWeffing and its appurtenant structures and facilities.
The Commission agreed t1w tthis was acceptable.
ACTION: It was M/S (Corcoran/We tm
o recomend adoption of the text amendments to the
Town Council with the following revision . to revise Section F (Applicability) to change
"December 31, 2017" to "March 31, 2017'; an revise the last paragraph of Section C as
stated by Mr. Anderson. Motion carried 5-0.
2. 121 Sugarloaf Drive: Appeal of denied application to opera existing single-family
dwelling as a seasonal rental unit; File # SRU 2014-03; Abraham ntino,
Owner/Applicant; Assessor's Parcel Number 058-313-03
This item was withdrawn. Planning Manager Watrous noted that the withdrawal of the
meant that the staffs denial of the permit application was now final.
r—� 3. Zoning Ordinance Text Amendments: Consider Recommendation to the Town Council
regarding Text Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal
Code establishing a permit, procedures, and standards for junior accessory dwelling units;
Town -initiated amendment; Town File MCA 2015-02
Director of Community Development Anderson gave the staff report, stating that the Town
Housing Element covering the years 2015-2023 includes an implementing Program H-ff which
called for consideration of allowing so-called junior second units as a method of creating
additional affordable housing in the community in a low impact manner. He said that the
proposed text amendments would implement this program by creating a junior accessory
dwelling unit zoning permit, creating standards by which to assess proposed units for compliance
with the Town's regulations, and also establishing a review, decision-making and appeal process.
He described the concept of the junior second units to convert and repurpose an existing
bedroom in an existing single-family dwelling into a small, semi-independent dwelling unit that
is contained with the walls of the existing residence.
Mr. Anderson then made a PowerPoint presentation about junior second units, noting that
traditional secondary dwelling unit requirements have been in effect since 1984, but these units
are infrequently created in Tiburon. He stated that secondary dwelling units arc often not created
due to additional parking requirements, high special district costs for water meters, sewer hook-
ups, and fire district requirements that the entire residence be sprinklered. He discussed the
limitations on junior second units which include limited counter space, no gas appliances, no 220
volt electrical service, no stove, access to an independent or shared bathroom, and interior and
exterior access. He said that no additional parking spaces would be automatically required if on-
TIBURON PLANNING COMMISSION MINUTES -JANUARY 14, 2015 - MINUTES NO. 1052 DRAFT PAGE 7
L1.11IBIT NO.
site or off-street parking is adequate, and the property owner must occupy either the main or
junior unit.
Mr. Anderson stated that benefits of junior units include providing an opportunity for elderly
residents to have an in-home caregiver, the ability for homeowners to provide a low cost unit for
a family member (which is common in secondary dwelling units in Tiburon), the opportunity for
homeowners to repurpose an unused portion of their homes for rental income, and creation of
additional affordable housing opportunities and opportunities for weekday worker housing. He
noted that junior units are a new concept and that the State Housing & Community Development
Department (HCD) has indicated that they will count these units toward affordable dwelling
units for purposes of a community's regional housing needs allocation (RHNA) if the unit has its
own independent bathroom and if there is a periodic affordability survey of the units to
demonstrate affordability. He then described and presented a typical floor plan of a junior second
unit showing a bedroom, living area, kitchen with various small appliances but no range or stove.
He further described the specific code amendments involved in the proposed text changes.
Anderson recommended that the Commission hold a public hearing, take testimony, discuss the
standards and the text amendments, and move to adopt the resolution recommending approval to
the Town Council.
Commissioner Corcoran asked about the status of consideration of junior units by other cities
and towns in Marin. Mr. Anderson stated that the City of Novato adopted their ordinance in
December and others will follow. He said that Tiburon would be the second jurisdiction in Marin
to adopt these standards, but he thought that this was something that will be widely adopted in
throughout Mann County.
Vice Chair Kulik asked if it would be too restrictive to require a private bathroom for RHNA
purposes. Mr. Anderson said that he thought that it would have a major impact, as many
bedrooms in homes are simply not set up to accommodate an independent bathroom and this
could put a major dent in the likelihood of these units being created.
Commissioner Williams said it sounds like there is a great demand for secondary units in
Tiburon and asked if there is a way to further incentivize these units. Mr. Anderson said that
special district costs often discourage people from developing secondary dwelling units and that
junior accessory dwelling units will likely be able to avoid those obstacles and costs. He did not
believe that owners will need to do anything different with the water and sanitary district, but
staff does not know for sure whether the fire districts will require owners to install fire sprinklers
throughout the entire building when a junior accessory dwelling unit is created.
The public hearing was opened. There were no public comments, and the public hearing was
closed.
Commissioner Williams said she thinks this is a great way to provide affordable housing. For the
elderly community in Tiburon, she felt that this was a way to provide companionship,
independent family living, live-in care, safety for elderly people, and many large homes can be
TIBURON PLANNING COMMISSION MINUTES - JANUARY 14, 2015 - MINUTES NO. 1052 DRAFT PAGE 8
converted for this use. She hoped that this process will be widely used and that people will take
advantage of its availability.
Vice Chair Kulik concurred and said he will be interested to know how many of these units
include independent bathrooms that can be counted toward the Town's affordable housing
allocation.
Commissioner Weller said that the ordinance has laudable objectives, but he thought that the
parking issue was a fatal flaw. He said that every potential user of these units represents an
additional car. He said that he therefore cannot support the addition of one new car for each
dwelling without any additional parking. He said that in a town like Tiburon, cars are necessary
and unless he could be persuaded that this was not an issue, he could not support the proposal.
Mr. Anderson stated that the proposed standards state that "the junior accessory dwelling unit
would be located on a lot where the primary dwelling unit complies with current parking
standards and there is adequate on-site or on -street parking to accommodate the additional use,
as determined in the reasonable discretion of the Director." He stated that if there is obvious
substandard parking on and around the site, it will not pass the standard and will not be approved
by staff.
Commissioner Corcoran noted that there is an elderly population who want to remain in the
community, a younger generation who will move in, or situations where a divorce may occur and
in order to keep children in school and keep the home, people rent out a portion of the home, and
this makes a lot of sense. He said that anytime the Town can highlight the need for allowing
these types of units, it would benefit the Town and the community.
Commissioner Weller said that he was also concerned that this was an open invitation to create
seasonal rental opportunities. He was concerned about how the two sets of rules will interact and
asked if staff considered this. Mr. Watrous noted that the Town's problems with seasonal rentals
center on noise and activities of large groups and he thought that a junior second unit which
exists in a home would unlikely be rented out as a seasonal rental, but that this could be added as
a standard. Mr. Anderson agreed that a standard should be created that does not allow the junior
accessory dwelling units to be used or rented out as seasonal rental units.
The Commission discussed various scenarios where junior units or the remainder of a house in
which a junior unit is located could be used as a seasonal rental unit. Mr. Anderson said that the
purpose of the junior accessory dwelling unit process was to create affordable housing
opportunities and not business opportunities. He suggested adding language in the ordinance to
recommend to the Council that "a junior accessory dwelling unit shall not be rented out or used
as a seasonal rental unit as defined in Article X of this chapter." He said that he would also add
that restriction to the list of deed restrictions which are filed on the property title.
ACTION: It was M/S (Weller/Williams) to adopt the attached Resolution recommending
approval of the text amendments and standards to the Town Council, as amended to add
provisions in the locations of the text deemed appropriate by staff, which would preclude junior
accessory units from being used or rented as seasonal rental units. Motion carried 5-0.
TIBURON PLANNING COMMISSION MINUTES - JANUARY 14, 2015 - MINUTES NO. 1052 DRAFT PAGE 9
City of Novato
General plan 2035 policy White paper
JUNIOR SECOND UNITS
April, 2014
L .I IrIBIT NO.
The Issue
Accessory dwelling units (ADU - sometimes called "second dwelling units" or "granny units")
are allowed in all California jurisdictions, but creation of legal ADUs is often constrained by
zoning requirements and fees. This White Paper offers an alternative for consideration —a
"Junior Dwelling Unit" (JDU) which entails repurposing a portion of an existing home to create a
small caregiver or rental unit which would be subject to less strenuous zoning regulations and
fees as an inducement to expand opportunities to create such units.
Background
What is an Accessory Dwelling Unit?
Accessory dwelling units are small, self-contained living units that typically have their own
kitchen, bedroom(s), and bathroom space. ADUs are self-contained living units that can be
located within the walls of an existing or newly constructed single-family home or can be an
addition to an existing home, either attached or within a detached accessory structure. By
design and regulation, ADUs are smaller than the principal residence, and are sited in a way to
preserve the single-family character of a neighborhood. Most jurisdictions place size limitations
on ADUs, and many require that the property owner reside on the premises. ADUs differ from
duplexes which contain two primary dwelling units located on a single parcel, both of which can
be equally sized and rented separately without the requirement for owner occupancy.
The benefits of ADUs are numerous. For the homeowner, ADUs provide the opportunity to
provide an affordable and independent housing option to a family member, or can be rented to
help defray costs of home ownership. ADUs typically rent for less than a comparably sized
apartment or condominium, but provide housing within an existing single-family neighborhood
setting. In many cases, property owners and renters of ADUs are able to share responsibilities
for property maintenance and security.
Regulating Accessory Dwelling Units
In 1982, the State of California enacted Government Code Section 65852.2, which established a
mandate that every local agency in the state adopt provisions for permitting second dwelling
units. The stated purpose for this law was to encourage housing for extended family members
and to increase the available stock of rental housing.
In 2002, the State amended Government Code Section 65852.2, precluding local governments
from requiring discretionary review and permitting for ADUs (e.g., eliminating requirements for
a Use Permit or design review) which meet specific, adopted development and design
standards. The purpose of this legislation was to encourage the creation of ADUs by minimizing
obstacles in the review process.
The cities, towns and County of Marin define and regulate ADUs in various ways. Most limit the
maximum size of ADUs, the minimum lot size necessary to locate an ADU and parking
requirements (see the following summary table). In addition, some jurisdictions such as Fairfax
and Marin County, require that ADUs have a separate exterior entry and an associated
bathroom.
Agency
Max. Size or Size Range
Min. Lot Size
Parking Req.
Sausalito
New units not allowed
n/a
n/a
Belvedere
750 sf max.
8,000 sf
1 addnl.
space/bedroom
Tiburon
500 sf max. for new;
10,000 sf
1 addnl.
1/3 allowable floor area up
space/bedroom
to 1,000 sf for existing units
Corte Madera
350-700 sf
?
1 addnl.
space/bedroom
Larkspur
320-700 sf
7,000 sf
1 addnl. space
Ross
700 sf max.; Town Council
?
1 addnl. space
can approve up to 1,000 sf
San Anselmo
150-800 sf
?
1 addnl. space
Fairfax
320-700 sf
?
1 addnl. space
San Rafael
800 sf max.; up to 1,000 sf
5,000 sf
1 addnl. space for
with a Use Permit
studio/1 bedroom;
2 spaces for 2+
bedrooms
Novato
150-750 sf; up to 1,000 sf on
n/a
1 addnl. space
lots over 10,000 sf
Marin County
220 sf min./no max.
?
Construction of Legal Accessory Dwelling Units
Most jurisdictions promote ADUs as a source of affordable housing in their adopted Housing
Elements, and many contain programs calling for additional efforts to encourage property
owners to implement legal ADUs. In addition, the State Department of Housing and
Community Development (HCD) allows jurisdictions to count the future production of ADUs
towards meeting their Regional Housing Needs Allocation (RHNA) based on the rate of past
construction of ADUs and if a survey documents that rental rates charged of occupants of
existing ADUs fall within the range of household affordability.
Approximately 200 ADUs were legally constructed in all jurisdictions within Marin County
between 2007 and 2014, constituting about 3% of total new housing units built. In Novato 10
accessory dwelling units were built between 2007 and 2014.
San Rafael conducted a comprehensive survey of legal accessory dwelling units in 2009 and
found that 25% of ADUs were not rented (e.g., provided to family members without rent or
vacant). Of the rented units, half were rented at rates affordable to low-income households
and half were affordable to very -low income households. Novato's survey of built accessory
units in 2011 found that 66% are affordable to very low income households and 34% are
affordable to low income households.
In 2007 San Rafael conducted numerous focus groups to determine why more property owners
do not attempt to create ADUs. The two principal reasons cited included the inability to
provide the additional required parking space(s) and the costs of the constructing the units vs.
potential rental return. The costs for ADUs include permit costs and impact fees, including
traffic and street impact fees, utility connection fees, school district fees and the costs
associated with installation of fire sprinklers. In Novato, for example, City and
Utility/Fire/School District fees commonly reach $40,000 for an ADU, including an $8,950 sewer
connection fee and $17,200 water connection/meter fee. San Rafael actively lobbied utility
districts to reduce fees for ADUs and lowered City permit fees, including eliminating their traffic
impact fee in order to incentivize owners to create new ADUs. Fees for new ADUs in San Rafael
now approach about $15,000 each. San Rafael saw a small increase in the number of new
ADUs applied for following the fee reductions. However, San Rafael abates three times as
many illegal ADUs on average each year through code enforcement actions compared to
creation of new, legal ADUs, suggesting that there remains a strong market for rental units, but
reluctance on the part of property owners to create units subject to required permits and fees.
The City of Novato reduced its application and impact fees by 50% for second units in August,
2013, reducing the typical cost by approximately $7,500.
A New Option to Consider— "Junior Second Units"
During preparation of the 2007-2014 Housing Elements in Marin, residents in various
communities encouraged the creation of ADUs as a preferable alternative to construction of
new multi -family developments. As noted above, it is very likely that new ADU construction
will continue to be constrained by parking and fee requirements under current regulations. A
different way of envisioning accessory dwelling units may entail repurposing existing space
within existing single-family dwellings. Household size in Marin County has decreased
significantly since much of our housing stock was built. In 1960 and 1970 the average
household size was 3.1 and 2.9 persons/household respectively, declining to 2.3
persons/household today. This has resulted in many housing units being underutilized,
particularly with aging inhabitants who could possibly utilize in-home assistance or additional
income that a renter or caregiver could provide.
In an attempt to define a smaller, less impactful shared living situation, the Marin County
planning directors have discussed the potential for creating regulations for a 'Junior Second
Unit' that would not entail repurposing existing space within a dwelling to create a semi-
private living situation in conjunction with the owner -occupied unit. AJunior Second Unit (JSU)
would be limited to conversion of an existing bedroom, incorporating a small wet -bar kitchen,
an exterior entrance and a limited size (maximum of 500 square feet). The wet -bar kitchen
would have a limited sink size (14"x16" max.), a small drain line (max. 1.5" diameter) to
preclude a larger sink or garbage disposal, limitation on the length of associated counter and
cabinets (6 feet max.), prohibition on natural gas or 220v electrical service to preclude a full-
sized cooking appliance, and a prohibition on installation of a dedicated electrical circuit, gas
line, gas stubout or plumbing stubout to preclude future service expansion. Since the JSU
would not result in an additional bedroom, no additional parking beyond that required for the
single-family home, would be necessary. On-site owner occupancy would be required. A
comparison between ADU regulations and those proposed for a JSU is provided below.
Analysis
To be a preferable alternative to a normal ADU, a Junior Second Unit would need to satisfy the
interests of local agencies to have such units count towards RHNA numbers as well as being
more cost-effective for property owners.
Counting Junior Second Units towards Regional Housing Needs Allocation
Staff from HCD have confirmed that they base their determinations on whether units count
towards a jurisdiction's RHNA numbers based on the definitions in the California State Building
Code. The 2010 California Building Code defines "Dwelling Unit" as, "a single unit providing
complete, independent living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation." HCD staff have indicated that the proposed
provisions for Junior Second Units would meet the CBC definition and would therefore count
towards RHNA allocations.
Accessory Dwelling Unit
Junior Second Unit
Size
Max. size varies by jurisdiction (see
220-500 sf—conversion of
table above). May be conversion
existing bedroom required, no
of existing or new floor area.
building expansion.
Kitchen
Kitchen components typically
Wet -bar type kitchen only.
defined but not limited.
Limits on sink and counter sizes;
limit on size of drain line; no gas
service and limit on electrical
service (110v)
Bathroom
Typically required as part of the
Separate bathroom for unit not
unit
required — shared bathroom OK
Access
Interior access generally not
External and internal access
required
required
Parking
Required
Not required if existing dwelling
meets current parking
standards
Owner Occupancy
Owner occupancy required
Owner occupancy required
Approval Process
Ministerial unless project deviates
Ministerial
from standards (e.g., upper story
addition, exceeds size limit, etc.)
Deed Restriction
Most jurisdictions require the
Require recordation of a deed
recordation of a deed restriction
restriction requiring owner
requiring owneroccupancy
occupancy
Analysis
To be a preferable alternative to a normal ADU, a Junior Second Unit would need to satisfy the
interests of local agencies to have such units count towards RHNA numbers as well as being
more cost-effective for property owners.
Counting Junior Second Units towards Regional Housing Needs Allocation
Staff from HCD have confirmed that they base their determinations on whether units count
towards a jurisdiction's RHNA numbers based on the definitions in the California State Building
Code. The 2010 California Building Code defines "Dwelling Unit" as, "a single unit providing
complete, independent living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation." HCD staff have indicated that the proposed
provisions for Junior Second Units would meet the CBC definition and would therefore count
towards RHNA allocations.
Fee Reductions
Staff has contacted a number of utility districts in Marin to determine connection fees
associated with Junior Second Units. All confirm that they would not charge connection or
meter fees for installation of a wet bar within a single-family residence, when defined as a
separate unit, they would impose some level of connection fee. Some districts seem willing to
consider a reduced fee based on the smaller size or a JSU and the requirement that an existing
bedroom be utilized, but district staff have asked that cities and towns adopt new zoning
regulations for JSUs prior to requesting reconsideration of fee levels by the utilities.
The fire marshals of Marin have discussed the concept of a JSU and generally have expressed a
willingness to not automatically require installation of fire sprinklers in conjunction with
creation of the new internal unit.
Policy Options
If interested in pursuing a regulatory approach to allowing smaller, repurposed rental units
within existing single-family homes as an alternative to current allowances for
accessory/second dwelling units, a program could be added to the Draft Housing Element
calling for subsequent consideration of such a model ordinance. If sufficient interest exists, a
model ordinance will be developed to be considered by each interested jurisdiction.
Example of a Junior Second Unit:
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10
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
February 4, 2015
Agenda Item:
Recommendation to Consider Miscellaneous Amendments to Title IV,
Chapter 16 (Zoning) of the Tiburon Municipal Code, Including
Requirements for Installation of Solar Energy Systems on Newly -
Constructed Single Family Dwellings (Ordinance ----First Reading)
911_1�
The Town has initiated amendments to the zoning ordinance, including proposed regulations that
would require the installation of a solar energy system on newly -constructed single family
dwellings. Several other minor amendments to the zoning ordinance are also proposed.
ANALYSIS
The following amendments are proposed to the text of the Zoning Ordinance.
ARTICLE II (ZONES AND ALLOWABLE LAND USES)
Section 16-21.030 (Table 2-1) would have several minor changes proposed to its first page, as
shown in yellow highlights on attached Exhibit A. The primary change is adding "seasonal
rental unit' and its associated zoning code section to the table. Seasonal Rental Unit permits are
a form of Home Occupation Permit but are governed by an additional section in the zoning code,
which is now being referenced. Another revision to Table 2-1 is an added note stating that
secondary dwelling units are also subject to "standards" adopted by resolution of the Town
Council.
Section 16-22.030(A)(2) would be amended in order to implement Housing Element Program H-
s, which calls for the uses "supportive housing" and "transitional housing" to be added to the list
of "conditionally allowed uses" in the commercial zones NC (Neighborhood Commercial) and
VC (Village Commercial). Under state law, such uses are already allowed "by right' in
residential zones. Addition of this program into the Housing Element was a requirement of the
State Department of Housing & Community Development for certification of the Element as
being in compliance with state law.
Town Council \teetina
Fcbruary 4, 2612
ARTICLE IV (STANDARDS FOR SPECIFIC LAND USE ACTIVITIES)
Section 16-40.080 would be a new section added to the Zoning Ordinance to require that a
photovoltaic solar energy system be installed on all new single family homes that are constructed
from the ground up (i.e., not including remodel/addition projects).
The Town Council discussed the concept of solar requirements on new homes at its annual retreat
in March 2014. At that time, the Council directed staff to explore various options for
incentivizing solar installations on new homes, and bring them to Town Council for further
consideration. Subsequently, the Town Council received a memorandum dated September 9,
2014, describing various options. This memorandum, attached as Exhibit B, was discussed at a
Town Council/Design Review Board Joint Workshop held on October 9, 2014. At that time, staff
was directed to prepare text amendments and begin the public hearing process for possible
adoption.
The solar regulations, set forth on pp. 2-3 of Exhibit C, are based on ones adopted by the City of
Sebastopol a few years ago and would require that a photovoltaic energy generation system of at
least a certain minimum size is installed on all newly -constructed detached single family
dwellings. Two methods of solar system sizing would be allowed to establish that the minimum
generation capacity had been met; one based on strict calculations of watt generation and the
other based on modeling or other methods approved by the Building Official to estimate wattage
output. Unlike the Sebastopol regulations, the Town's ordinance would have an "exception"
clause that could be invoked by the Design Review Board in unusual instances, such as north -
facing lots, heavy vegetative cover, and other physical conditions that hamper the effectiveness of
a photovoltaic solar energy system. In granting an exception, the Board could require the home
to be enrolled in the "deep green" program with Marin Clean Energy or participate in other
alternative energy solutions. The City of Sebastopol indicates their program, which applies to
substantial remodels as well as new homes, has been non -controversial.
Apparently, the financial and regulatory environments for small residential solar installations are
currently very favorable, bringing the initial cost down, accelerating the return on investment, and
shortening the time in which such systems essentially pay for themselves. In the event such
favorable circumstances change in the near future, there is an automatic Town Council review of
the regulations scheduled in early 2017. While the cost of individual systems can vary widely at
the owner's option, the cost would normally be a tiny fraction of the overall expense of
constructing a new single family dwelling in Tiburon from the ground up.
ARTICLE V (ZONING PERMIT PROCEDURES)
Section 16-52.020(B)(4) would be amended to modify the circumstances under which site plan
and architectural review is required for grading, excavation, filling or earth movement. The
revision is proposed due to changes in the California Building Code that render the prior zoning
ordinance description obsolete and to better distinguish applications for "grading" from other
applications (such as construction of a new residence) that customarily involve grading or
earthwork as part of a larger overall project. The proposed section would read as follows:
..\cn:Tir,t i:m I'a,r�of4
Town Council \dccting
February 4, 11015
Grading, excavation, filling or earth movement that involves more than fifty (50) cubic
yards of material and is not otherwise an obvious and integral part of a larger project such
as, but not limited to, a new structure or addition to an existing structure that would
require a permit under this section.
The current section reads as follows:
Grading, excavation, filling, or earth movement that involves more than fifty cubic yards
or which requires a Grading Permit in compliance with the applicable Uniform Building
Code regulations.
Section 16-52.020(F)(4) proposes to add "fire pits" to the list of minor exterior alterations
requiring site plan and architectural review. Fire pits have become increasingly popular in recent
years, require separate Fire District review approval, and sometimes generate site planning
concerns on the part of neighbors. Staff believes them to be an appropriate addition to the list of
items requiring design review.
Section 16-52.020(I)(3) would add specific references to the R-3 and RMP zones to a descriptive
clause in the FAR guidelines section. The specific references had unintentionally been omitted.
ARTICLE X (DEFINITIONS)
Section 16-100.020(P) would be amended to add a definition for "photovoltaic energy generation
system", relating back to the section requiring solar energy systems on newly -constructed single
family dwellings. The proposed definition reads as follows:
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.
PLANNING COMMISSION REVIEW
The Planning Commission held a public hearing on the proposed amendments on January 14,
2015. Following public testimony and discussion, the Commission made certain revisions to the
proposed regulations and unanimously recommended approval to the Town Council by adopting
Resolution No. 2015-01 (Exhibit D). The Commission moved up the automatic review date for
the solar regulations from December 31, 2017 to March 31, 2017, and also modified the last
paragraph of Section C to allow more flexibility in the methods used by an applicant to achieve
compliance with the intent of the regulations. Staff supports the recommended modifications.
Draft minutes of the Commission meeting are attached as Exhibit E.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that the proposed amendments are exempt from further review
under the California Environmental Quality Act (CEQA) on the basis that they have no potential
to result in adverse impacts on the environment or are categorically exempt based on exemptions
for new construction, minor alterations to land, and/or minor alternations in land use limitations.
These are set forth in Sections 15061(b)(3), 15301, 15304, and 15305 of the CEQA Guidelines.
To\\ \nrTiri rm Page 3nl4
Toren Council Meeting
Fchmanv 4, 2015
The Town Council would finalize this determination in approving the proposed amendments.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing and consider any testimony.
2. Deliberate upon the proposed amendments.
3. Introduce the draft ordinance regarding the Zoning Ordinance amendments. The
procedure would be to move to read by title only, waiving any additional readings, and
introduce the ordinance amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal
Code. Pass the reading by roll call vote. If the first reading is passed, the ordinance will
return for final adoption on a future consent calendar.
EXHIBITS
A. Table 2-1 with proposed revisions highlighted in yellow.
B. Memorandum dated September 9, 2014 regarding solar energy systems on new homes.
C. Draft Ordinance.
D. Planning Commission Resolution 2015-01.
E. Excerpt of draft Planning Commission minutes of 1-14-2015.
Prepared By: Scott Anderson, Director of Community Development .Y /
Tn�;tinr"firir.�w a. ,,IM
TABLE 2-1
Allowed Land Uses and Permit Requirements
for Residential Zones
P Permitted Use
U Conditional Use Permit
— Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) R-1 R•1.8 I RO R-2 1 R-3 I RPD I RMP Regulations
AGRICULTURAL & OPEN SPACE USES
Agriculture, including Aviaries (6) U U U U U U U
Botanical conservatories, outdoornature labs, and similar facilities — — — — — U U
Open space use — — — P P
Wildlife sanctuaries — — — — — U U
RECREATION. EDUCATION 8 PUBLIC ASSEMBLY USES
Equestrian facility (2)
U
U
U
—
—
U
U Title VI, 205.1
Goifcoursa/countryclub
U
U
U
—
—
U
U
Library, museum
U
U
U
U
U
—
—
Parochial orother nonprofit school - elementary, secondary, or college
U
U
U
U
U
U
U
Philanthropic or charitable facility
U
U
U
U
U
U
U
Private residential recreation facilities
U
U
U
U
U
U
U
Public park
P
P
P
P
P
P
P
Playground
U
U
U
U
U
U
U
Publicly owned building or facility
U
U
U
I U
U
U
U
Religious places of worship
U
U
U
U
U
U
U
�a�.nnarucllrey�.y
Home occupation/Seasonal rental unit
P
P
P
P
P P
P I 1652.110f1M040
Intermediate or community care facility (3)
P
P
P
P
P P
P
Multifemilydwelling
—
—
—
—
P —
P
Secondary dwelling unit (5)
P
P
P
—
— P
— 1652.100
Single-family dwelling
P
P
P
P
— P
P
Single-family dwelling providing room/board for 1 paying guest
P
P
P
P
— P
P
Two-family dwelling, attached
—
—
—
P
— —
P
Two-family dwelling, detached
—
—
—
P(4)
— —
— 16-00.020
Transitional, supportive housing
P
P
P
P
P P
P
Key to Zoning District Symbols
R-1 Single -Family Residential R-3 Multifamily Residential
R -1-B Modified Single Family Residential RPD Residential Planned Development
RO Residential Open RMP Residential Multiple Planned
R-2 Two -Family Residential
Notes:
(1) See ArticleX (Definitions) forland use definitions.
(2) The keeping ofhorses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon
revocation of license issued underhorse license ordinance.
(3) As defined by state law or any otherresidential care facility forthe handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 16.40.020. Detached two-family
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Section 16-62.
(5) Also subject to Standards adopted by separate Resolution of the Town Council
(6) Except forchicken-keepingand bee -keeping as set forth in Section 16-40.070. EXHIBIT
TABLE 2-1 (Continued)
P Permitted Use
Allowed Land Uses and Permit Requirements
U Conditional Use Permit
for Residential Zones
— Use not allowed
—
PERMIT REQUIRED BY DISTRICT
S eciffe Use
LAND USE (1)
R-1
R-1.18
I RO
I R-2
I R-3
I RPD
I RMP
Regulations
SERVICES - GENERAL
Bed and breakfast facility (B&B)
U
U
U
—
—
—
—
Residential Planned
Development
Child day-care facilities, small family day-care homes– up to 8
P
P
P
P
P
P
P
Health &
Safety Code
children 5
()
1597.3 at seq.
Health &
Child daycare facilities, large family day-care homes -9 to 14
P
P
P
P
P
P
P
Safety Code
children (5)
1597.46 -
1597.465
Child daycare center -15 or more children
U
U
U
U
U
U
U
Medical Services - Hospital
U
U
U
U
U
U
U
Real estate tract office
U
U
U
U
U
UI
U
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Public utility and communication equipment building
U
U
U
U
U
U
U
Residential Planned
Development
Wireless communication facility, amateur or professional
y P
U
U
U
U
U
U
U
Government
Code 65856.6
Key to Zoning District Symbols
R-1
Single -Family Residential
R-3
Multifamily Residential
R -1-B
Modred Single Family Residential
RPD
Residential Planned
Development
RO
Residential Open
RMP
Residential Multiple Planned
R-2
Two -Family Residential
Notes:
(1) See Article X (Definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon
revocation of the license issued under horse license ordinance.
(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 1640.020. Detached hso-family
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Sec. 16-62.
(5) When located in a single-family dwelling.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
MEMORANDUM
Date: September 9, 2014
To: Mayor and Members of Town Council
From: Daniel M. Watrous, Planning Manager
DIGEST
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 Energy 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 case 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.
EXHIBIT B
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 T3—
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 fust 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 OFTOWN COUNCIL-STAFFREFREKI Page 6 of 9
rxk-i,: 1
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_q -?n14
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.
F. 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[11j).
11. Green building. The project design includes features that foster renewable
energy and/or 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:
1. 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
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 QljAUJFYING ROOF -MOUNTED SOLAR COLLECTOR
PANELS
The Town of Tiburon will waive the building permit feed 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
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
5. 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.
r-u�. 6:k 3
1
2
3 ORDINANCE NO. XXX N. S.
4
5
6 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
7 AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BY MAKING
8 VARIOUS TEXT AMENDMENTS
9
10
11 SECTION 1. FINDINGS.
12
13 A. On January 14, 2015, the Planning Commission adopted Resolution No. 2015-01
14 recommending to the Town Council that various text amendments be made to Title IV,
15 Chapter 16 (Zoning) of the Tiburon Municipal Code.
16
17 B. The Town Council held a duly noticed public hearing on 2015 and
18 has heard and considered all public testimony on the proposed Ordinance.
19
20 C. The Town Council finds that all notices and procedures required by law attendant to the
21 adoption of this Ordinance have been followed.
22
23 D. The Town Council finds that the amendment actions made by this Ordinance are
24 necessary for the protection of the public health, safety, and welfare.
25
26 E. The Town Council has found that the amendments made by this Ordinance are consistent
27 with the goals and polices of the Tiburon General Plan and other adopted ordinances and
26 regulations of the Town of Tiburon, and further the intent and purposes of General Plan
29 goals and policies.
30
31 F. The Town Council finds that adoption of this ordinance is exempt from the requirements
32 of the California Environmental Quality Act (CEQA) pursuant to Sections 15304 and
33 15305 of the CEQA Guidelines, as well as being exempt from CEQA under the "general
34 rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines.
35
36 SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
37
38 Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code is amended as follows:
39
40 (A) Section 16-21.030 (Table 2-1) is amended to read as shown in attached Exhibit "A".
41
42 (B) Section 16-22.030(A)(2) is amended to add the following two uses to the list of
43 conditionally -permitted uses at the end of that section:
44
45 Supportive housing
46 Transitional housing
47
Tiburon Town Council Ordinance No. X ff N. S. Effective—1--120151
TT 7� y
L[ I-71IBINO. •
48 (C) Section 16-40.080 is added to read as follows:
49- Section 16-40.080. Photovoltaic Energy Generation System Required for Newly
50 Constructed Single Family Dwellings.
51 A. Purpose.
52
53 The provisions of this section are intended to promote the conservation of natural
54 resources and reduction of greenhouse gas emissions through the requirement to
55 install photovoltaic energy generation systems on all newly -constructed single
56 family dwellings.
57
58 B. When required.
59 All newly -constructed single-family dwellings require the installation of a
60 photovoltaic energy generation system with the capacity described in Section C
61 below. This requirement does not apply to "remodel" projects as described in
62 section 16-52.020(x) that qualify as "new construction", as defined by section 16-
63 100.020 (N), but applies only to new single family dwellings; e.g., those proposed
64 to be constructed from the ground up.
65 C. Required system size.
66
67 The minimum size of a photovoltaic energy generation system required under this
68 section may be calculated using either of the following methods:
69
70 1. Prescriptive method. The minimum system size utilizing the prescriptive
71 method is two watts per square foot of gross floor area of the building.
72 Watts are calculated using the nameplate rating of the photovoltaic
73 system. There shall be no considerations for performance factors, such as
74 tilt, orientation, shading or tariffs.
75
76 2. Performance method. The system sizing for the performance method shall
77 be calculated using modeling software or other methods approved by the
78 Building Official. The total building load, including all gross floor area,
79 shall be calculated in kilowatt hours. The system annual output shall be
80 calculated by factoring in system orientation, tilt, shading, local weather
81 conditions and equipment efficiency. The system shall offset at least
82 seventy-five percent of the electrical load of the building on an annual
83 basis.
84 Methods of renewable electrical energy production other than photovoltaic energy
85 generation systems for the new dwelling, including but not limited to use of
86 renewable resources or installation of new photovoltaic energy generation
87 systems for in -ground swimming pools, may be included or substituted in
88 satisfying the total requirement for the new dwelling and its appurtenant
89 structures and facilities.
90
Tiburon Town Council Ordinance No. XXYN. S. Effective --1--12015
W
92 D. Exception.
93
94 The Design Review Board may grant an exception to the requirements of this
95 section if it makes affirmative findings that there would be an unusual or severe
96 practical difficulty in the installation of the required photovoltaic energy
97 generation system due to physical circumstances, including building location or
98 orientation, site topography and/or shading resulting from topography or other
99 physical conditions on or off the subject site. In granting the exception, the Board
100 may require enrollment of the dwelling unit in the Marin Clean Energy "deep
101 green" program or participation in other alternative energy solutions.
102
103 E. Proof of compliance.
104 Prior to issuance of a Certificate of Occupancy, the owner of record or his agent
105 shall certify in writing that the required photovoltaic energy generation system is
106 operational, and the Building Official or designee shall verify compliance prior to
107 final sign -off of the building permit.
101.1
109
F. Applicability.
110
111
This section shall not be applicable to Site Plan and Architectural Review
112
applications that have been deemed complete for processing purposes by the
113
Planning Division prior to [insert the effective date of this ordinance]. The
114
Town Council shall review this section for continuing applicability no later than
115
March 31, 2017.
116
117
(D)
Section 16-52.020(B)(4) is amended to read as follows:
118
119
Grading, excavation, filling or earth movement that involves more than fifty (50) cubic
120
yards of material and is not otherwise an obvious and integral part of a larger project such
121
as, but not limited to, a new structure or addition to an existing structure that would
122
require a permit under this section.
123
124
(E)
Section 16-52.020(F)(4) is amended to read as follows:
125
126
4. Minor exterior alterations such as, but not limited to, windows, decks, skylights,
127
awnings, satellite dishes, fire pits and similar items as determined by the Director
128
in his reasonable discretion;
129
130
(F)
Section 16-52.020(1)(3) [first paragraph only] is amended to read as follows (the
131
remainder of the section remains unchanged):
132
133
FAR guidelines. Residential development standards are as shown in Table 2-2 in Section
134
16-21.040 (Residential Zones Development Standards). FAR guidelines for single-family
135
and two-family residential zones (R-1, R -1-B, RO, R-2, and RPD) and multi -family
136
residential zones (R-3 and RMP) are shown in Table 5-2 below.
Tiburon Town Council Ordinance No. =N. S. Effective --/--/2015 3
099YA
0998.
139 (G) Section 16-100.020(P) is amended by adding the following definition:
140 Photovoltaic energy generation system. An arrangement of components designed to
141 convert sunlight directly to electricity to supply usable electric power for a variety of
142 purposes.
143
144
145 SECTION 3. SEVERABILITY.
146 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
147 Ordinance, or its application to any person or circumstance, is for any reason held to be invalid
148 or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
149 of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
150 this Ordinance, or its application to any other person or circumstance. The Town Council of the
151 Town of Tiburon hereby declares that it would have adopted each section, subsection,
152 subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
153 more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
154 be declared invalid or unenforceable.
155
156 SECTION 4. PUBLICATION AND EFFECTIVE DATE.
157
158 This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
159 Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
160 be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
161 which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a
162 newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town
163 Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this
164 ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in
165 the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the
166 ordinance along with the names of those Council members voting for and against the ordinance.
167
168 This ordinance was read and introduced at a regular meeting of the Town Council of the
169 Town of Tiburon, held on the , 2015, and was adopted at a regular meeting of the
170 Town Council of the Town of Tiburon, held on the 2015, by the following
171 vote:
173
AYES:
COUNCILMEMBERS:
174
175
NAYS:
COUNCILMEMBERS:
176
177
ABSENT:
COUNCILMEMBERS:
178
179
Tiburon Town Council Ordinance No. =N. S. Effective --1--12015
180
181
182
183
184
185 ATTEST:
186
187
188
189 DIANE CRANE IACOPI, TOWN CLERK
190
191 Attachment: Exhibit "A"—Revised Table 2-1
FRANK DOYLE, MAYOR
TOWN OF TIBURON
Tiburon Town Council Ordinance No. XXX N. S. Effective 4--/2015
TABLE 2-1
Allowed Land Uses and Permit Requirements
for Residential Zones
LAND USE (1)
P Permitted Use
U Conditional Use Permit
— Use not allowed
PERMIT REQUIRED BY DISTRICT
R-1 - R-1-13 I RO I R-2 I R-3 I RPD I RMP
Agriculture, including Aviaries (6) U U U U U U U
Botanical conservatories, outdoor nature labs, and similar facilities — — — — — U U
Open space use — — — — — P P
Wlldlffe sanctuaries — — — — — U U
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Specific Use
Regulations
Equestrian facility (2)
U
U
U
—
—
U
U Title VI, 20-5.1
Golf courselcoun0y club
U
U
U
—
—
U
U
Library, museum
U
U
U
U
U
—
—
Parochial orother nonprofit school - elementary, secondary, or college
U
U
U
U
U
U
U
Philanthropic or charitable facility
U
U
U
U
U
U
U
Private residential recreation facilities
U
U
U
U
U
U
U
Public park
P
P
P
P
P
P
P
Playground
U
U
U
U
U
U
U
Publicly owned building or facility
U
U
U
U
U
U
U
Religious places of worship
U
I U
U
U
U
U
U
l:lxvula, ur_tMrtiyzy
Home occupation/Seasonal rental unit
P
P
P
P
P P
P 1652.110116.40.040
Intermediate or community care facility (3)
P
P
P
P
P P
P
Multifamily dwelling
—
—
—
—
P —
P
Secondary dwelling unit (5)
P
P
P
—
— P
— 16-52.100
Single-family dwelling
P
P
P
P
— P
P
Single-family dwelling providing roomlboard for 1 paying guest
P
P
P
P
— P
P
Two-family dwelling, attached
—
—
—
P
— —
P
Two-familydwelling,detached
—
—
—
P(4)
— —
— 16.40.020
Transitional, supportive housing
P
P
P
P
P P
P
Key to Zoning District Symbols
R-1 Single -Family Residential R-3 Multifamily Residential
R -1-B Modified Single Family Residential RPD Residential Planned Development
RO Residential Open RMP Residential Multiple Planned
R-2 Two -Family Residential
Notes:
(1) See Article X (Definitions) forland use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits torkeeping horses shall automaficalty terminate upon
revocation of license issued underhorse license ordinance.
(3) As defined by state law or any ofherresidential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 1640.020. Detached two-family
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Section 16-62.
(5) Subject to Standards adopted by separate Resolution of the Town Council.
(6) Except for chicken -keeping and bee -keeping as set forth in Section 16-40.070. EXHIBIT "At'
TABLE 2-1 (Continued)
P Permitted Use
Allowed Land Uses and Permit Requirements
U Conditional Use Permit
for Residential Zones
- Use not allowed
—
PERMIT REQUIRED BY DISTRICT
Specific Use
LAND USE (1)
R-1
I R -1-B
I RO
I R-2
I R-3
I RPD.
RMP
Regulations
��nnuw -
U
U
U
U
—
—
—
Wireless communication facility, amateur or professional
Y P
Bed and breakfast facility (B&B)
U
U
U
—
U
Government
Code 65850.6
Health &
Child day-care facilities, small family daycare homes – up to 8
P
p
p
p
p
p
P
Safety Code
children (5)
1597.3 at seq.
Health &
Child daycare facilities, large family daycare homes - 9 to 14p
p
P
P
P
P
P
Safety Code
children (5)
1597.46 -
1597.465
Child day-care center -15 or more children
U
U
U
U
U
U
U
Medical Services - Hospital
U
U
U
U
U
U
U
Real estate tract office
U
U
U
U
U
U
U
TenoConOTnrrnM rO!AM11MIPATKIMQ R 1N9:RACTR11"l1RF
Public utility and communication equipment building
U
U
U
U
U U
U
RPD
Wireless communication facility, amateur or professional
Y P
U
U
U
U
U U
U
Government
Code 65850.6
Kell M 7nninn nierrintSvmhnls
R-1
Single -Family Residential
R-3
Multifamily Residential
R -1-B
Modified Single Family Residential
RPD
Residential Planned
Development
RO
Residential Open
RMP
Residential Multiple Planned
R-2
Two -Family Residential
Notes:
(1) See Article X (Definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminale upon
revocation of the license issued under horse license ordinance.
(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 16.40.020. Detached two-family
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Sec. 16-62.
(5) When located in a single-family dwelling.
RESOLUTION NO. 2015-01
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION
OF TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE
WHEREAS, the Town of Tiburon has initiated text amendments to the Town's Zoning
Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and
WHEREAS, a display ad notice of the public hearing on the amendments was published
in the Ark newspaper on November 26, 2014 and other noticing was provided as required by law;
and
WHEREAS, the Planning Commission did hold a duly noticed and advertised public
hearing on January 14, 2015 and considered any testimony received during the public hearing;
and
WHEREAS, the Planning Commission has determined that the amendments are exempt
from the California Environmental Quality Act (CEQA) on the basis that they have no potential
to result in adverse impacts on the environment (Section 15061(b)(3) of the CEQA Guidelines,
or are exempt under sections 15301, 15304 and/or 15305 of the CEQA Guidelines; and
WHEREAS, the Planning Commission finds that the proposed zoning text amendments
are consistent with the goals, policies, and programs of the Tiburon General Plan and are
consistent with the objectives of the Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the Town Council adopt the Zoning Ordinance text amendments as set forth in
the attached Exhibit "A-1".
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
Town of Tiburon held on January 14, 2015, by the following vote:
AYES: COMMISSIONERS: Corcoran, Kulik, Weller, Welner, Williams
NAYS: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
TIBURON PLANNING COMMISSION RESOLUTION NO.201501 01/14/2015
EXHIBIT NO.
iTiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
Attachment: Exhibit "A-1"
TIBURON PLANNING COMMISSION RESOLUTION N0.201501 01/14/2015
1 EXHIBIT A-1
2
3 ORDINANCE NO. XXX N. S.
5
6 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBUAI
7 AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BY MHING
g VARIOUS TEXT AMENDMENTS
9
10
11 SECTION 1. FINDINGS.
12
13 A. On January 14, 2015, the Planning Commission adopted Resolution No. 2015-01
14 recommending to the Town Council that various text amendments be made to Title IV,
15 Chapter 16 (Zoning) of the Tiburon Municipal Code.
16
17 B. The Town Council held a duly noticed public hearing on 2015 and
18 has heard and considered all public testimony on the proposed Ordinance.
19
20 C. The Town Council finds that all notices and procedures required by law attendant to the
21 adoption of this Ordinance have been followed.
22
23 D. The Town Council finds that the amendment actions made by this Ordinance are
24 necessary for the protection of the public health, safety, and welfare.
25
26 E. The Town Council has found that the amendments made by this Ordinance are consistent
27 with the goals and polices of the Tiburon General Plan and other adopted ordinances and
28 regulations of the Town of Tiburon, and further the intent and purposes of General Plan
29 goals and policies.
30
31 F. The Town Council finds that adoption of this ordinance is exempt from the requirements
32 of the California Environmental Quality Act (CEQA) pursuant to Sections 15304 and
33 15305 of the CEQA Guidelines, as well as being exempt from CEQA under the "general
34 rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines.
35
36 SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
37
38 Title W, Chapter 16 (Zoning) of the Tiburon Municipal Code is amended as follows:
39
40 (A) Section 16-21.030 (Table 2-1) is amended to read as shown in attached Exhibit "A".
41
42 (B) Section 16-22.030(A)(2) is amended to add the following two uses to the list of
43 conditionally -permitted uses at the end of that section:
44
45 Supportive housing
46 Transitional housing
47
Tiburon Town Council Ordinance No. XXX N. S. Effective --1-12015 1
48 . (C) Section 16-40.080 is added to read as follows:
49 Section 16-40.080. Photovoltaic Energy Generation System Required for Newly
50 Constructed Single Family Dwellings.
51 A. Purpose.
52
53 The provisions of this section are intended to promote the conservation of natural
54 resources and reduction of greenhouse gas emissions through the requirement to
55 install photovoltaic energy generation systems on all newly -constructed single
56 family dwellings.
57
58 B. When required.
59 All newly -constructed single-family dwellings require the installation of a
60 photovoltaic energy generation system with the capacity described in Section C
61 below. This requirement does not apply to "remodel" projects as described in
62 section 16-52.020(K) that qualify as "new construction", as defined by section 16-
63 100.020 (1), but applies only to new single family dwellings; e.g., those proposed
64 to be constructed from the ground up.
65 C. Required system size.
66
67 The minimum size of a photovoltaic energy generation system required under this
68 section may be calculated using either of the following methods:
69
70 1. Prescriptive method. The minimum system size utilizing the prescriptive
71 method is two watts per square foot of gross floor area of the building.
72 Watts are calculated using the nameplate rating of the photovoltaic
73 system. There shall be no considerations for performance factors, such as
74 tilt, orientation, shading or tariffs.
75
76 2. Performance method. The system sizing for the performance method shall
77 be calculated using modeling software or other methods approved by the
78 Building Official. The total building load, including all gross floor area,
79 shall be calculated in kilowatt hours. The system annual output shall be
80 calculated by factoring in system orientation, tilt, shading, local weather
81 conditions and equipment efficiency. The system shall offset at least
82 seventy-five percent of the electrical load of the building on an annual
83 basis.
84 Methods of renewable electrical energy production other than photovoltaic energy
85 generation systems for the new dwelling, including but not limited to use of
86 renewable resources or installation of new photovoltaic energy generation
87 systems for in -ground swimming pools, may be included or substituted in
88 satisfying the total requirement for the new dwelling and its appurtenant
89 structures and facilities.
90
Tiburon Town Council Ordinance No. =N. S. Effective --1--12015 2
W
92 D. Exception.
93
94 The Design Review Board may grant an exception to the requirements of this
95 section if it makes affirmative findings that there would be an unusual or severe
96 practical difficulty in the installation of the required photovoltaic energy
97 generation system due to physical circumstances, including building location or
98 orientation, site topography and/or shading resulting from topography or other
99 physical conditions on or off the subject site. In granting the exception, the Board
100 may require enrollment of the dwelling unit in the Marin Clean Energy "deep
101 green" program or participation in other alternative energy solutions.
102
103 E. Proof of compliance.
104
Prior to issuance of a Certificate of Occupancy, the owner of record or his agent
105
shall certify in writing that the required photovoltaic energy generation system is
106
operational, and the Building Official or designee shall verify compliance prior to
107
final sign -off of the building permit.
108
109
F. Applicability.
110
111
This section shall not be applicable to Site Plan and Architectural Review
112
applications that have been deemed complete for processing purposes by the
113
Planning Division prior to [insert the effective date of this ordinancel. The
114
Town Council shall review this section for continuing applicability no later than
115
March 31, 2017.
116
117
(D)
Section 16-52.020(B)(4) is amended to read as follows:
118
119
Grading, excavation, filling or earth movement that involves more than fifty (50) cubic
120
yards of material and is not otherwise an obvious and integral part of a larger project such
121
as, but not limited to, a new structure or addition to an existing structure that would
122
require a permit under this section.
123
124
(E)
Section 16-52.020(F)(4) is amended to read as follows:
125
126
4. Minor exterior alterations such as, but not limited to, windows, decks, skylights,
127
awnings, satellite dishes, fire pits and similar items as determined by the Director
128
in his reasonable discretion;
129
130
(F)
Section 16-52.020(l)(3) [first paragraph only] is amended to read as follows (the
131
remainder of the section remains unchanged):
132
133
FAR guidelines. Residential development standards are as shown in Table 2-2 in Section
134
16-21.040 (Residential Zones Development Standards). FAR guidelines for single-family
135
and two-family residential zones (R-1, R -1-B, RO, R-2, and RPD) and multi -family
136
residential zones (R-3 and RMP) are shown in Table 5-2 below.
Tiburon Town Council Ordinance No. =X S. Effective --1--12015 3
137 (G) Section 16-100.020(P) is amended by adding the following definition:
138
139
140
141
142
143
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.
SECTION 3. SEVERABILITY.
144 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
145 Ordinance, or its application to any person or circumstance, is for any reason held to be invalid
146 or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
147 of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
148 this Ordinance, or its application to any other person or circumstance. The Town Council of the
149 Town of Tiburon hereby declares that it would have adopted each section, subsection,
150 subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
151 more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
152 be declared invalid or unenforceable.
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
SECTION 4. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a
newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town
Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this
ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in
the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the
ordinance along with the names of those Council members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on the , 2015, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon, held on the 2015, by the following
vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
FRANK DOYLE, MAYOR
TOWN OF TIBURON
Tiburon Town Council Ordinance No..LUN. S. Effective --1--/2015
181 ATTEST:
182
183
184
185 DIANE CRANE IACOPI, TOWN CLERK
186
187 Attachment: Exhibit "A"—Revised Table 2-1
Tiburon Town Council Ordinance No. =N. S. Effective --1--12015
TABLE 2-1
Allowed Land Uses and Permit Requirements
for Residential Zones
P Permitted Use -
U Conditional Use Permit
Use not allowed
PERMIT REQUIRED BY DISTRICT
RO R -2R,3
AGRICULTURAL & OPEN SPACE USES
Agriculture, including Aviaries (6) U U U U U U U
Botanical conservatories, outdoor nature tabs, and similar facilities — — — — — U U
Open space use — — P P
Wildlife sanctuaries — — — — — U U
RECREATION, EDUCATION 8 PUBLIC ASSEMBLY USES
.Specific Use
Regulations
Equestrian facility (2)
Golf course/countryclub
U
U
U
U
U
U
—
—
—
—
V
U
U
Library, museum
U
U
U
U
U
U
U
U
U
—
U
—
U
Parochial or other nonprofit school - elementary, secondary, or college
U
—
—
P
— P
P
— 16-52.100
Secondary dwelling unit (5)
Philanthropic or charitable facility
U
U
U
U
U
U
U
Private residential recreation facilities
U
U
U
U
U
U
U
Public park
P
P
P
P
P
P
P
Playground
U
U
U
U
U
U
U
Publicly owned building or facility
U
U
U
U
U
U
U
Religious places of worship
U
U
U
U
U
U
U
RESIDENTIAL USES
Home occupation/Seasonal rental unit
P
P
r
r
r r
I ,
Intermediate or community care facility (3)
P
P
P
P
P P
P
Multifamily dwelling
—
P
—
P
—
P
—
—
P
— P
P
— 16-52.100
Secondary dwelling unit (5)
Singh-famflydwelling
P
P
P
P
P
P
Single-family dwelling providing roomlboard for 1 paying guest
P
P
P
P
— P
P
Two-family dwelling, attached
—
—
—
—
—
—
P
P(4)
—
— —
P
—16-00.020
Two-family dwelling, detached
Transitional, supportive housing
P
P
P
P
P P
I P
Key to Zoning District Symbols
Single -Family Residential R-3'. Multifamily Residential
R -1-B Modified Single Family Residential RP.D. Residential Planned Development
RO Residential Open RMP Residential Multiple Planned
R-2 Two -Family Residential
Notes:
(1) See Article X (Definitions) forland use definitions.
(2) The keeping of horses subject to licensing ofeach horse pursuant to the Tiburon horse license ordinance. Use permits forkeeping horses shall automatically terminate upon
revocation officense issued under horse license ordinance.
(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 1640.020. Detached two-family
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Section 16-62.
(5) Subject to Standards adopted by separate Resolution of the Town Council.
(6) Except for chicken -keeping and bee -keeping as set forth in Section 16-40.070. EXHIBIT a /� n
TABLE`2-1 (Continued)
Allowed Land Uses and Permit Requirements
for Resitlential.Zones
LAND USE ,(1)
P Permitted Use
U- Conditional Use Permit
Use not allowed
0MORInT RFOI IIRFn RV nISTRIcl
SERVICES - GENERAL
District symbols
U
Ipul
Multifamily Residential
Bed and breakfast facility (B&B)
U
U
U
U
menl
E-�
&
Child day-care facilities, small family day-care homes — up to 8
P
P
U
U
U
Uode
Code
children (5)
777157
3 et seq.
&
Child da -care facilities, lar a famil da -care homes - 9 to 14
y 9 Y Y
P
P
Code
.46 -
children (5)
.465
Child day-care center -15 or more children
U
U
U
U
U
U
U
Medical Services - Hospital
U
U
U
U
U
U
U
Real estate tract office
U
U
U
U
U
U
U
TRANSPORTATION, COMMUNICATIONS i4 INr us t r<u� i t rcc
District symbols
U
Ipul
Multifamily Residential
Public utility and communication equipment building
UU
Residential Planned
U
U
menl
E-�
tial Open
Wireless communication facility, amateur or professional
U
U
U
U
U
Uode
Government
65650.6
Key to Zoning
District symbols
amily Residential
R-3
Multifamily Residential
RPDDevelo
Residential Planned
Single Family Residential
menl
E-�
tial Open
RMP
Residential Multiple Planned
mily Residential
Notes:
(1) See Article X (Definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon
revocation of the license issued under horse license ordinance.
(3) As defined by stale law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 1640.020. Detached two-family
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Sec. 16£2.
(5) When located in a single-family dwelling.
PUBLIC HEARINGS
1. Zoning Ordinance Text Amendments: Consider recommendation to the Town Council
regarding various text amendments to Title IV, Chapter 16 (Zoning) of the Tiburon
Municipal Code, including the requirement for a photovoltaic energy system on newly -
constructed single family dwellings; Town -Council initiated amendment; Town File
MCA 2015-01 (Carried over from cancelled meeting of December 10, 2014)
Director of Community Development Anderson stated this item was originally scheduled for the
December l Os' meeting but had to be carried over due to cancellation of the meeting. The
primary amendment involves a requirement for installation of solar photovoltaic systems on
newly constructed homes. The other amendments proposed are minor in nature.
There are several proposed changes to Table 2-1 of the zoning ordinance which lists various uses
and permit types by zone. The primary change is adding the seasonal rental unit to the list of
permits. Another change to the table is a note referencing the "standards" that are adopted by
resolution of the Town Council for the review of secondary dwelling units.
Another section for amendment would implement one of the General Plan Housing Element
programs, as required by the State, to add "supportive housing" and "transitional housing" uses
to the list of conditionally allowed uses in the commercial zones as conditional uses, requiring a
use permit. These uses are already allowed "by right" in residential zones.
The principal amendment to require photovoltaic systems on new homes would not apply to
remodels or addition projects, only to new residences constructed from the ground up. The Town
Council has discussed this concept for some time, including as part of a retreat held in March
2014, and as part of a joint workshop with the Design Review Board held in October 2014. At
the October workshop, Town staff was directed to prepare text amendments and begin the public
hearing process for possible adoption of the regulations.
The regulations proposed are based largely on ones that were adopted by the City of Sebastopol
and require a certain minimum size solar energy system to be installed on newly -constructed
homes. There are two methods of sizing the system; one is based on a calculation of watt
generation and the other is based on modeling. The Building Official has reviewed both and
thinks they are workable, with staff being able to make the determination as to whether they
would meet the standards. Unlike Sebastopol's ordinance, Tiburon's ordinance would have an
exception clause, given the town's topography with many north -facing lots and heavily -wooded
areas. Under the exception process, the Design Review Board could require that the owner join
the "deep green" program with Marin Clean Energy, which would also help to offset energy
concerns, in lieu of installing the solar energy system.
Mr. Anderson stated there are not many models like Sebastopol's around the state and this is the
only one staff is aware of in California. They have had the ordinance in place for roughly 3 years
and it has been non -controversial. However, they have not approved a large number of projects
that have been required to install the solar systems.
TIBURON PLANNING COMMISSION MINUTES -JANUARY 14. 2015 -MINUTES NO. 1052 DRAFT PAGE 2
111..11J1BIT NO.
Apparently, the financial and regulatory requirements for small residential solar installations are
particularly favorable right now, which brings the initial cost down, accelerates the return on the
investment and allows systems to pay for themselves much quicker than in years past. In the
event such favorable circumstances do not continue over time, there is an automatic review
clause for the Town Council to review the regulations by the end of 2017 and determine whether
it still makes sense with moving forward with a program. The cost of the systems can vary
considerably, but they are a fraction of what someone would be spending to construct a brand
new home in Tiburon.
Staff has had discussions with one person who is in the process of developing three homes in
Tiburon. He indicated that all of his homes were being designed with solar energy systems and
that he was not concerned about the proposed regulations. Anderson stated he believed this will
be the case most future new homes. However, Tiburon would be among the first municipalities
in the state to formally require something of this nature.
Mr. Anderson noted that a couple of unrelated zoning text amendments are proposed, including
site plan architectural review section modifications regarding grading and fire pits. A final
proposed amendment would be adding a definition for "photovoltaic energy -generating system."
Staff recommended that the Commission hold the public hearing, take testimony, discuss the
proposed text amendments and move to adopt the resolution recommending approval to the
Town Council.
Commissioner Williams stated that she and Planning Manager Watrous spoke earlier today
regarding the proposed amendments. She stated the proposed ordinance exempts remodels, but
the Sebastopol ordinance does not. She noticed that the latest draft ordinance removed the
applicability to remodel projects and asked for more information about why it would want to
exempt the solar system from being required for projects where over 50% of the structure is
changed, given that Tiburon is nearly build -out.
Director Anderson stated that the change in the ordinance came after the joint Design Review
Board/Town Council workshop was held in October. The consensus after discussion was that the
Town would limit it, at least initially, to new homes built from the ground up. Mr. Watrous
expanded on the reason, stating that some people at the workshop spoke from personal
experience of cases where a project has begun as a remodel and then passes the 50% demolition
threshold, or one where it is not going to be a complete demolition (especially for older homes),
the older roofs and structures are not designed to easily accommodate a new system, whereas a
new home can be easily and inexpensively designed to accommodate such systems.
Commissioner Johnson asked if there was distinction between small and large remodels.
Manager Watrous stated that the Towns current definition for a new home is when more than
50% of the perimeter walls and the roof are removed. Director Anderson stated that the number
of applications vary year to year for total demolition and building of a new home. There are also
a number of vacant lots and also lots that have been recently created, so the Town will be seeing
some activity for construction of new homes and determine whether the ordinance works well.
TIBURON PLANNING COMMISSION MINUTES -JANUARY 14, 2015 -MINUTES NO. 1052 DRAFT PAGE 3
Commissioner Weller asked for an explanation of the engineering background on how the 2
watts per square foot determination was calculated and suggested that an electrical engineer
should make this determination. Manager Watrous stated these are based upon the Sebastopol
ordinance and staff also spoke with people in the building industry as well as the current and
previous Building Officials who have experience with solar energy systems for new homes. They
verified that 2 watts per square feet was in the appropriate range.
Vice Chair Kulik asked about Town Council retreat discussions regarding incentivizing solar
installation versus mandating installations. Director Anderson stated that staff looked at other
possibilities shy of a mandatory regulation and these simply do not exist in a manner that the
Town could implement. He noted that the state has recently limited permit fees for rooftop solar
installations to roughly $500, so there is no meaningful monetary incentive involved with
waiving the permit fees. Director Anderson added that the aesthetics of solar installations cannot
be regulated by the Town, and if the Town began providing incentives of a non -monetary nature,
such as easing height limits, it would likely run into aesthetic problems over which it would have
no regulatory authority.
The public hearing was opened.
Emmett O'Donnell, Town Councihnember, stated that solar would not be mandated on all
remodels, as this might pose complexities and/or hardships on projects, particularly when the
conditions of the roof, size of the remodel, location, and other factors are unknown. He said that
this direction was the result of an evolving process of discussion and the Council and DRB
agreed to start with new homes. He noted that the Town does not have a lot of developable land,
but there are many older homes and homes that are being completely rebuilt. He stated that
people often install solar systems on their existing homes and the idea behind the ordinance was
to incorporate the design element from the beginning so that the aesthetics of the PV system is
designed into the plan as opposed to being stuck on the roof with zero design criteria.
Director Anderson noted that per state law the Town cannot look at aesthetics associated with
rooftop PV systems, but if solar panels exceed the height allowed by zoning, staff can require
owners to stay under 30 feet.
Mr. O'Donnell discussed the 2 watts per square foot standard and stated that there are built-in
costs to putting in these systems such as an inverter and structural components, and that the
systems need to be economically viable. He said that there was discussion at the Council retreat
about incentivizing, but as Mr. Anderson mentioned, there were no incentives the Town could
provide, and so direction was given to bring forward Town -wide standards for new homes and
incorporate it into the design review process. He described previous State legislation regarding
greenhouse gas emissions and said that it is clear from the Governor's recent statements that new
standards will soon be set for 2030 and building code standards will also be strengthened for
greater efficiency. He stated that if Tiburon passes this new ordinance, it would be getting ahead
of the curve. He added that Tiburon was a founding member of Marin Clean Energy, which is a
fantastic California success story.
TIBURON PLANNING COMMISSION MINUTES - JANUARY 14- 2015 - MINUTES NO. 1052 DRAFT' PAGE 4
Mr. O'Donnell stated that solar system costs have come down by 50% over the last 5 years and
that today, through the Federal Investment Tax Credit, homeowners can get a 30% reduction on
an installed system. He said that while each system is different, the payback is usually about 3
years on all solar systems. He said that for those building a new house, this requirement would
not only benefit the individual but also the community and he supported proceeding with the text
amendments.
The public hearing was closed.
Commissioner Corcoran said that Mr. O'Donnell made a compelling argument about why now is
a great time to adopt this ordinance. He thought that the discussion flushed out many issues, He
said that it would be nice to see systems required on remodels at some point in the future, but he
was not sure that now was the right time. He felt that this was a good gradual step, with possibly
requiring remodels in the future. He summarized a conversation with the spouse of another
Councilmember who was installing solar, who indicated that the cost was 1/3 of what it was 5
years ago, and be supported the text amendments.
Commissioner Weller concurred and said that his sole reservation was with the technical aspects
of the requirements, but he was persuaded that thought was given to them and, if for some reason
they are not appropriate, the Town can revisit them. He agreed that this requirement should start
with new construction where the technology is available, and where design will not impede
installation. He said that if the law changes and other communities go further with requiring
remodels, the Town can revisit this. He supported the text amendments and agreed with staff that
all the other proposed text amendments were minor.
Vice Chair Kulik asked why these systems need to be mandated if the economics of these
systems are already advantageous to the homeowner.
Mr. O'Donnell said that the consideration is somewhat philosophical, as creating a mandate
would send a signal and, in his personal opinion, at some point people will be required to take
more control over their carbon footprint and electricity use. He said that although there are
growing energy efficiencies, the economy and population are growing as well which adds to the
need for electricity, but new products are also continually being developed. He thought that other
communities will follow suit with these types of regulations.
Vice Chair Kulik voiced his support for restricting the requirement to new homes for the reasons
mentioned by staff. He believed that incorporating these systems into new home construction
with design review may have a beneficial effect to the holistic design of homes that will help out
neighbors and the community.
Commissioner Williams said that she very much supported the ordinance in spirit. She said that
she had less of a problem philosophically with the mandate because she thinks that progress
happens when communities nudge individuals forward. She said that this sounds like a win/win
for all involved from an economic standpoint. She said that she was mindful of concerns that this
would be onerous and costly, but she spoke to several contractors and most considered this to be
"a given" for new home development right now. Some mentioned that costs have really come
TIBURON PLANNING COMMISSION MINUTES - JANUARY 14, 2015 - MINUTES NO. 1052 DRAFT PAGE 5
down and others have mentioned it should be done on remodels as well. She believed that this
was a great first step and hoped that everybody can also think about taking that next step in the
future. She supported all of the proposed zoning text modifications.
Chair Welner voiced his support for the recommendation and said that he was proud and pleased
with the way the Council, Design Review Board and staff have addressed it. He said that he had
some reservations regarding the potential staleness of government regulation regarding
mandates, noting that minimum requirements tend to become outdated. He said that while they
can revisit the ordinance, his preference would be to add a provision where an individual builder
would have an opportunity to propose equivalent alternatives in terms of energy savings or
benefit. He said that he would like to see some discretion for a landowner who has a good idea
about some system that could generate or reduce energy use in some significant way other than
solar to have an opportunity to prove that to the Town.
Commissioner Weller interjected that an amendment he forgot to mention was that the ordinance
should be up for review in January 2017, as that is the time where the federal income tax credit
will take effect. He noted that if an owner does not have the system installed by December 31,
2016, they will not receive a 30% credit. After discussion by the Commission, the consensus was
to change the review date to "no later than March 31, 2017".
Chair Welner suggested an amendment to Section C to state "those sources of energy shall count
towards satisfying the requirement" as opposed to calculating what the requirement is. Mr.
Watrous agreed that the word "satisfying" rather than "calculating" was more appropriate.
Chair Welner asked if a homeowner with another idea intended to achieve the goal outside of the
requirements of this ordinance would be able to apply for a variance, or if the ordinance was
mandatory with no exceptions. Director Anderson stated that an exception process was built into
the ordinance. Chair Welner asked whether an owner could be granted an exception for extreme
efficiency versus electrical generation.
Commissioner Weller said if some technology was environmental friendly and not solar but and
an alternate clean energy source, the Commission may want to revise the text, as this exception is
only for "unusual or impractical difficulty." Mr. Watrous said that the Town would be open to
some other systems, such as small wind generation systems or methane gas, and a variety of
alternatives.
The Commission discussed amendments to the proposed text to encourage other sources of
energy production, energy collection and energy efficiencies in mind. Mr. O'Donnell cautioned
the Commission that they do not want to allow people to get credit for gasoline generators,
which are not the point of the ordinance, and/or windmills. Director Anderson noted there are a
number of ways the Town can address possible aesthetic and other impacts from windmills.
Following additional Commission discussion, Mr. Anderson read into the record the proposed
revised text at the bottom of Section C, as follows:
TIBURON PLANNING COMMISSION MINUTES - JANUARY 14, 2015 - MINUTES NO. 1052 DRAFT PAGE 6
Methods of renewable electrical energy production other than photovoltaic energy
generation systems for the new dwelling, including but not limited to use of renewable
resources or installation of new photovoltaic energy generation systems for in -ground
swimming pools, may be included or substituted in satisfying the total requirement for
the new dwelling and its appurtenant structures and facilities.
The Commission agreed that this was acceptable.
ACTION: It was M/S (Corcoran/Weller) to recommend adoption of the text amendments to the
Town Council with the following revisions: 1) to revise Section F (Applicability) to change
"December 31, 2017" to "March 31, 2017"; and 2) to revise the last paragraph of Section C as
stated by Mr. Anderson. Motion carried 5-0.
2. 121 Sugarloaf Drive: Appeal of denied application to operate an existing single-family
dwelling as a seasonal rental unit; File # SRU 2014-03; Abraham Valentino,
Owner/Applicant; Assessor's Parcel Number 058-313-03
This item was withdrawn. Planning Manager Watrous noted that the withdrawal of the appeal
'meant that the staff's denial of the permit application was now final.
3. N\Zoning Ordinance Teat Amendments: Consider Recommendation to the Town Council
regarding Text Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal
Coo establishing a permit, procedures, and standards for junior accessory dwelling units;
Town 'ZZ
amendment; Town File MCA 2015-02
Director of Comm 'ty Development Anderson gave the staff report, stating that the Town
Housing Element cove ' g the years 2015-2023 includes an implementing Program H-ff which
called for consideration o lowing so-called junior second units as a method of creating
additional affordable hour! n �inn the community in a low impact manner. He said that the
proposed text amendments wolil implement this program by creating a junior accessory
dwelling unit zoning permit, creating standards by which to assess proposed units for compliance
with the Town's regulations, and also stablishing a review, decision-making and appeal process.
He described the concept of the junior se nd units to convert and repurpose an existing
bedroom in an existing single-family dwelhX into a small, semi-independent dwelling unit that
is contained with the walls of the existing residegce.
Mr. Anderson then made a PowerPoint presentationout junior second units, noting that
traditional secondary dwelling unit requirements have b n in effect since 1984, but these units
are infrequently created in Tiburon. He stated that secon dwelling units are often not created
due to additional parking requirements, high special district c is for water meters, sewer hook-
ups, and fire district requirements that the entire residence be spr ered. He discussed the
limitations on junior second units which include limited counter spa no gas appliances, no 220
volt electrical service, no stove, access to an independent or shared bathNom, and interior and
exterior access. He said that no additional parking spaces would be autom 'cally required if on-
TIBURON PLANNING COMMISSION MINUTES -JANUARY 14, 2015 -MINUTES NO. 1052 DRAFT