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Home My WebLink AboutTC Res 2005-05-04 ~ RESOLUTION NO. 20-2005 /'""'. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON AMENDING THE "STANDARDS FOR SECONDARY DWELLING UNITS" WHEREAS, the Town ofTiburon adopted Ordinance No. 475 N.S. on June 18,2003, which established the process for obtaining a Secondary Dwelling Unit Permit; and WHEREAS, pursuant to Ordinance No. 475 N.s., Section 16-4.5.6 of the Municipal Code requires that for the Director of Community Development or his designee to grant a Secondary Dwelling Unit Permit, he/she must find that Secondary Dwelling Units would comply with the currently adopted "Standards for Secondary Dwelling Units"; and WHEREAS, Section 16-4.5.7 of the Municipal Code states that the "Standards for Secondary Dwelling Units" shall be established by Resolution of the Town Council and may be amended from time to time by Resolution of the Town Council; and WHEREAS, the currently adopted "Standards for Secondary Dwelling Units" were adopted by the Town Council on July 16, 2003; and WHEREAS, since July 16, 2003, the Town of Tiburon has been approached by potential applicants for Secondary Dwelling Unit Permits which would have been an appropriate use of property compatible with the surrounding neighborhood, but did not comply with all of the "....., "Standards for Secondary Dwelling Units"; and WHEREAS, the Planning Commission adopted Resolution No. 2005-05 on April 27, 2005, recommending adoption of amended "Standards for Secondary Dwelling Units"; and WHEREAS, the Town Council considered the recommendations of the Planning Commission at a public meeting held on May 4, 2005; and WHEREAS, the Town Council finds that the proposed "Standards for Secondary Dwelling Units" are consistent with the goals, policies, and programs of the Tiburon General Plan; and WHEREAS, the project is statutorily exempt from the requirements of CEQA pursuant to Section 21080.17 of the Public Resources Code. NOW, THEREFORE BE IT RESOLVED that the Town Council hereby adopts the "Standards for Secondary Dwelling Units" as set forth in the attached Exhibit "A". "....., I "....., "....., r" ~ PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 4, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AITES/1~Z;iL~ DIANE CRANE IACOPI, TOWN CLERK Gram, Slavitz, Smith None Berger, Fredericks ~-~ PAUL SMITH, VICE MAYOR 2 "....., "....., EXHIBIT A STANDARDS FOR SECONDARY DWELLING UNITS 1. The proposed Secondary Dwelling Unit would be located in one of the following residential Zones: R-1, R-1-B, RO, or RPD. 2. The proposed Secondary Dwelling Unit would be the only Secondary Dwelling Unit on the Lot. 3. The proposed Secondary Dwelling Unit would be located on a Lot with a Lot Area of not less than 10,000 square feet. 4. The proposed Secondary 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 proposed Secondary Dwelling Unit, if any portion thereof constitutes New Construction and is not proposed as part of a project for which any other Zoning Permit is required, would: a. Not exceed a maximum Floor Area of 500 square feet. b. Conform to the minimum required yard regulations for the Zone or Planned Development in which it is located, as set forth in Article 2 of Chapter 16 of the Tiburon Municipal Code. In addition, the Primary Unit and proposed Secondary Dwelling Unit together would conform to the lot coverage and floor area ratio limitations for the Zone or Planned Development in which they are located, as set forth in Article 2 of Chapter 16 of the Tiburon Municipal Code. No variances or floor area exceptions are permitted. c. Be single story and would not exceed fifteen (15) feet in Height, as defined in Section 16-5.6.7 of the Municipal Code. d. Not require more than 100 cubic yards of grading (earth movement). 6. The proposed Secondary Dwelling Unit, if located in an existing Primary Unit, or if proposed as a part of a project for which at least one other Zoning Permit is required, would not exceed one-third (1/3) of the maximum Floor Area Ratio Guideline for the property (as prescribed in Section 16-4.2.8 of the Municipal Code), or 1,000 square feet of Floor Area, whichever is less. r" Exhibit A -Resolution No. 20-2005 Standards Jar Secondary Dwelling Units I 7. The proposed Secondary Dwelling Unit, if converted from a lawfully existing detached Accessory Building or Structure and not proposed as part of a project for which any other Zoning Permit is required, would meet all minimum required yard regulations for a Dwelling Unit, notwithstanding provisions of Section 16-5.6.4(a) of the Tiburon Municipal Code applying to detached accessory buildings. . "....., 8. The proposed Secondary Dwelling Unit would provide one (1) off-street Parking Space for each bedroom within the Secondary Dwelling Unit, but in no case less than one (1) Parking Space. The Parking Spaces would comply with all Town standards and regulations regarding Parking Spaces. Tandem parking is not permitted. 9. The required Parking Spaces for the proposed Secondary Dwelling Unit would be served by the same driveway access to the street as the Primary Unit. 10. Landscaping, including trees and shrubs, would be installed as part of the project to minimize the visual impacts of the project, including the screening of parking areas; to provide shade; and to provide a visual buffer between the Secondary Dwelling Unit and its surroundings. Proposed trees would comply with provisions of Chapter 15A of the Tiburon Municipal Code. "....., 11. The exterior appearance of the proposed Secondary Dwelling Unit would closely resemble the architectural style, building materials, and building colors of the Primary Unit. 12. The design of the proposed Secondary Dwelling Unit shall include privacy-enhancing techniques to be applied to all windows, doors and other openings that face and are within 20 feet of adjacent property lines, in order to reduce adverse privacy impacts. Such techniques include, but are not limited to, use of frosted windows, window placement at least six (6) feet above floor level, extended roof overhangs, and other permanent structural treatments. 13. The Secondary Dwelling Unit would be in conformance with the current building codes adopted by the Town. Unless the project constitutes New Construction, a building inspection shall be performed by the Town's Building Division, and a memo establishing the feasibility of the project to meet current building codes shall be provided to the Director of Community Development, prior to approval of a Secondary Dwelling Unit permit. "....., Exhibit A -Resolution No. 20-2005 Standards for Secondary Dwelling Units 2 14. Adequate sanitary service capacity for the additional increment of effluent "....., resulting from the Secondary Dwelling Unit would be available. If the Lot is connected to the public sewer system, the Applicant has submitted a letter from the appropriate Sanitary District to that effect. If the Lot is not connected to the public sewer system, the Applicant has submitted a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the Lot has adequate capacity to accommodate the proposed Secondary Dwelling Unit. 15. The Secondary Dwelling Unit would comply with all Fire District regulations. 16. The Secondary Dwelling Unit would comply with all Water District regulations. NO TE: Bold and italics indicates a term defined in Chapter 16 (Zoning) of the Tiburon Municipal Code. "....., "....., Exhibit A -Resolution No. 20-2005 Standards for Secondary Dwelling Units 3