HomeMy WebLinkAboutTC Res 2015-03-18RESOLUTION NO. 07-2015
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 February 4, 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 February 18, 2015, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell and Tollini
NAYS: COUNCILMEMBERS: None
Tiburon Town Council Resolution No. 07-2015 0211812015 Page I of
FRANK X. DOYLE, MAYOR
ATTEST:
DIANE CRANE IA PI, TOWN CLERK
Attachments: Exhibit A
Tiburon Town Council Resolution No. 07-2015 02/18/2015 Page 2 of 4
EXHIBIT A
STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS
The proposed Junior Accessory Dwelling Unit would be located in one of the
following residential Zones: R-1, R -1-B, RO, or RPD.
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.
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.
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.
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. 07-2015 0211812015 Page 3 of 4
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 Unitshall 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.
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