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HomeMy WebLinkAboutTC Agenda Packet 2017-01-18 t TOWN OF TIBURON Tiburon Town Hall Tiburon Town Council .�\ -ln 1505 Tiburon Boulevard January 18, 2017 Tiburon, CA 94920 Special Meeting-6:45 p.m. Regular Meeting-7:30 p.m. TIBURON TOWN COUNCIL AGENDA SPECIAL MEETING AGENDA 6:45 p.m. CALL TO ORDER AND ROLL CALL Councilmember Doyle,Councilmember Fredericks,Councilmember Tollini,Vice Mayor O'Donnell, Mayor Fraser ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however,that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission,Board,Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3)minutes. ACTION ITEM 1. Designating Town's Labor Negotiator under Government Code Section 54957.6: Recommend designating Mayor Fraser as the designated representative with respect to labor negotiations with the Town Manager CLOSED SESSION Public Employee Performance Review: Government Code Section 54957 Title: Town Manager Conference with Labor Negotiators: Government Code Section 54957 Agency designated representative: Mayor Fraser Unrepresented Employee:Town Manager ADJOURNMENT-to regular meeting REGULAR MEETING AGENDA 7:30 p.m. CALL TO ORDER AND ROLL CALL Councilmember Doyle,Councilmember Fredericks,Counedmember Tollini,Vice Mayor O'Donnell, Mayor Fraser ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however,that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission,Board,Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three(3)minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council,public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item,please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes—Adopt minutes of December 12, 2016 special meeting(Town Clerk Stefani) 2. Town Council Minutes—Adopt minutes of January 4,2017 special meeting(Town Clerk Stefani) 3. Vacancies on Town Boards,Commissions and Committees—Announce pending vacancies in 2017(Town Clerk Stefani) 4. Annual Development Fee Report -Receive annual report on the status of the Town's Development Impact Fees pursuant to the California Government Code (Community Development Department) 5. Traffic Mitigation Fee Report—Adopt annual report and resolution(Community Development Director Anderson) 6. Town Investment Summary—Adopt report for month ending December 31,2016 (Director of Administrative Services Bigall) 7. Storm Drain Rehabilitation -Consider award of design contract for the design of the 2017 Storm Drain Rehabilitation Project (Director of Public Works Barnes) 8. Tiburon Tourism Business Improvement District—Accept report and adopt resolution of intention to leery assessments (Town Manager Chanis) INTRODUCTION OF NEW TOWN EMPLOYEE 1. Liz Kerslake,Community Development Aide ACTION ITEMS 1. Regulation of Marijuana: Receive staff report and provide guidance on regulating marijuana subsequent to the passage of Proposition 64 (Town Attorney Stock) 2. Town Council Board and Committee Assignments—Adopt updated list of Town Council committees and board representation for 2017(Mayor Fraser) PUBLIC HEARINGS 1. Zoning Text Amendments—Consider amendments to Title IV,Chapter 16 (Zoning) of the Tiburon Municipal Code Related to Secondary (Accessory)Dwelling Units and Junior Accessory Dwelling Units and Adoption of Revised Standards for the Review of Accessory Dwelling Units and Junior Accessory Dwelling Units;Introduction of Ordinance for Zoning Text Amendments;Adoption of Resolutions Revising Standards; File MCA 2016-06 (Community Development Department)—Introduction and readingof ordinance TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS Town Council Weekly Digests—January 6 Esc 13,2017 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,please contact the Town Clerk at (415)435- 7377. Notification 48 hours prior to the. meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town. Hall. Agendas and minutes are posted on the Town's website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at,or prior to,the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. DRAFT TOWN COUNCIL SPECIAL MEETING MINUTES CALL TO ORDER Mayor Fraser called the special-neeting of the Tiburon Town Council to order at 7:32 p.m. on Monday, December 12, 2016,1in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Clifornia. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer Barnes, Town Clerk Stefani ORAL COMMUNICATIONS There were none. ACTION ITEMS 1. Consideration of a Resolution of the Town Declaring its Intention to Take Proceedings to Underground all Existing Overhead Utility Facilities Within the Boundaries of the Proposed Town of Tiburon Assessment District No.2017-1 (Hawthorne Undergrounding District) Town Manager Chanis gave the staff report. He described the location of the proposed district and showed the proposed boundary map, consisting of 121 parcels—most parcels are residential, but also includes Saint Hillary's Church and School, Belvedere Tennis Club and the Community Congregational Church of Tiburon. He said 83 petitions have been received, a sufficient number to satisfy both State law and Town of Tiburon Undergrounding Policy requirements. The petitioners have also submitted $151,000 in subscription deposits, as required by Town policy. He outlined a tentative timeline for the project. He said the resolution up for adoption tonight would be the first administrative step to starting the undergrounding process—the Council would declare its intent to form the Assessment District, appoint Bond Counsel(s), approve the preliminary district boundary map, appoint a District Engineer and direct the District Engineer to prepare the Engineer's Report. He said the expenses incurred by these actions will be paid for by the subscription deposits, and there would likely be no surplus. Town Council DRAFT Minutes#xx-2016 December 12, 2016 Page I If approved, next Council action would be to review the Engineer's report, which would provide a preliminary estimate of total project costs, including special benefit and general benefit. The proposed District Engineer provided an initial estimate of$8.4 million, and estimated the general benefit to be 10-15% of the total cost. He said the Town's Undergrounding Policy states that 100% of costs associated with the project will be borne by the property owners in the district, unless funds from PG&E or other utilities can be applied, but there is no guarantee that those funds are available. He said PG&E Rule 20A funds are specifically earmarked for undergrounding. He reminded Council of an active undergrounding project along Tiburon Boulevard, which will use $875,000 of Rule 20A funds. He also reminded Council of previously stated Rule 20A fund priorities. He spoke to other historical undergrounding assessment districts. He said the Engineer's Report did not identify any General Benefit in prior projects, and the Town has not historically contributed General Fund monies to prior projects. The only exception would be the Del Mar project, in which the Town paid litigation costs out of the General Fund. He concluded his staff report by recommending Council review the resolution of intent, but to keep in mind the following: how will the general benefit and completion of a biddable set of plans be funded? He invited questions from the Council. Councilmember Fredericks asked about the general benefit. She inquired at what point in the process a funding strategy will be decided upon. Town Manager Chanis said after Council reviews and approves the Engineer's report at the second meeting, the Council will authorize the property owners of the proposed district to vote on the formation of the district. He recommended Council decide on funding during the second meeting, before the vote, so property owners can make an informed decision. Fredericks asked if Council would have an opportunity to review the capital improvement priorities before that meeting. Chanis replied that priorities will be reviewed at the annual Council/staff retreat, scheduled to take place one month prior to the meeting. Fredericks asked if member(s) of the district might agree to pay for some or all of the general benefit cost, if that cost can be a part of the bonding program. Chanis said that owners in the District could pay for all, or a portion of,the general benefit, but that cost could not be included in the assessments levied against properties. Town Attorney Stock further clarified that if member(s) of the district agree to pay for the general benefit, it could be factored in to the bonding program, but could not be included as part of the assessment, and would not appear as part of the parcel tax. Fredericks asked if the Town's potential contribution would be contingent on the district forming. Chanis affirmed, but clarified that the Town should commit to this contribution before Council calls for the vote. Town Council DRAFT Minutes#xx-2016 December 12, 2016 Page 2 Vice Mayor O'Donnell commented that in previous undergrounding districts, there was no general benefit cost to the Town. He asked why this had changed over time. Town Attorney Stock replied that paying for the general benefit has always been required, but in previous districts, no general benefit was found by the assessor. He also said cities no longer have as much discretion to make a determination about general benefit; it must be based on evidence in the record. O'Donnell asked if the Town would have a vote as part of the proceedings. Stock said the Town would not have a vote like a property owner would, but the Council does have discretion throughout the entire process as to whether or not to proceed. O'Donnell asked if the Town could include its portion of the general benefit as part of the bonding process, and pay over time. Chanis said that he believes the general benefit could not be financed as part of the bonds associated with the assessments against the property owners, but could by financed by various other debt instruments, if the Council so chooses. Councilmember Fredericks asked for clarification: if members of the district volunteered to pay for the general benefit, that cost could not be included as part of their bond package. She asked what their options were to pay for their portion. Chanis answered that members of the district would have the option to pay out-of-pocket or have their assessment be part of the project cost paid through the sale of bonds. Stock added that the Town will utilize a finance advisor to assist in identifying other financing mechanisms available to the Town if it chooses to pay for all, or a portion of, the general benefit. Mayor Fraser opened the floor for public comment. Richard Sideman, 14 Maravista Court, said he and his wife have been advocating for this project for many years, and are delighted to see it move forward. He said he would support the proceedings without hesitation. John Hermansky, 690 Hawthorne Drive, asked if the Town's obligations to other local undergrounding district projects would impact the Town's contribution to this district's cost. Mayor Fraser commented that Council will discuss financing priorities at the upcoming retreat, and would have a better answer for him after those discussions. There being no further comments, Mayor Fraser closed the floor. Councilmember Tollini noted that the Town has long supported local undergrounding projects. She said she is fully in support of district formation. Councilmembers Fredericks and Doyle agreed. Vice Mayor O'Donnell said he was a supporter of undergrounding and commended the neighborhood's work thus far in forming the district. He also suggested the Town review its Town Council DRAFT Minutes#xx-2016 December 12, 2016 Page 3 Undergrounding Policy and make any improvements that may allow for easier formation of districts. Mayor Fraser agreed with his colleagues. He said reviewing the policy would be a good idea as other districts are likely to form. MOTION: Adopt resolution, as written, approving preliminary boundary map, designating Harris & Associates as Assessment Engineer, directing preparation of the Engineer's Report and appointing Sam Sperry and Stradling, Yocca, Carlson& Rauth as Bond Counsel. Moved: O'Donnell, seconded by Tollini Vote: AYES: Unanimous ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 8:04 p.m. JIM FRASER, MAYOR ATTEST: LEA STEFANI, TOWN CLERK Town Council DRAFT Minutes#xx-2016 December 12, 2016 Page 4 DRAFT SPECIAL TOWN COUNCIL MINUTES CALL TO ORDER MayoT,-Frase�called the special meeting of the Tiburon Town Council to order at 7:15 p.m. on Wednesday, January 4, 2017, in`Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Ca lfornia. F ROLL' -CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer Barnes, Director of Administrative Services Bigall, Town Clerk Stefani ORAL COMMUNICATIONS Gail Dorph, Tiburon resident, introduced herself as a member of Kol Shofar which acts as part of a team of local congregations that host REST (Rotating Emergency Shelter Team) dinners and sleepovers for the homeless. Ms. Dorph expressed gratitude for the financial support the organization has received and said REST's guests are extra appreciative of a warm meal and a dry place to sleep during the rainy season. She said the program needs a permanent location and should be run year-round so as to provide a reliable and stable path away from homelessness. REST plans to work with local supervisors, who have committed to finding solutions to these problems for REST. She thanked the Council again for their support. Shannon Griffin, Community Congregational Church of Tiburon, Peter Seyers, Westminster Presbyterian Church, and a local Branson student all expressed gratitude for financial support and spoke in support of the program. Robert Chandler, 695 Hilary Drive, said he was concerned about potholes and cracks in the road near his home. He said he contacted the Department of Public Works, but was not satisfied with the result. He said Hawthorne Terrace is long overdue for road repair and asphalt replacement. CONSENT CALENDAR 1. Town Council Minutes—Adopt minutes of November 2, 2016 regular meeting (Town Clerk Stefani) Town Council DRAFT Minutes#01 -2017 January 4, 2017 Page I Councilmember Fredericks asked that more detail be added to Item AI-3 (Storm Drain Update), on page 9, paragraph 5, specifically that storm drains in disrepair may ultimately undermine the roads. 2. Town Council Minutes—Adopt minutes of November 16, 2016 regular meeting (Town Clerk Stefani) 3. Town Council Minutes—Adopt minutes of December 7, 2016 regular meeting(Town Clerk Stefani) 4. Town Investment Summary—Adopt report for month ending November 30, 2016 (Director of Administrative Services Bigall) MOTION: To adopt Consent Calendar Items 1-4, as amended. Moved: Tollini, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEMS 1. Consider rescission of approval of Resolution No. 32-2016 related to proposed Utility Assessment District Town Manager Chanis gave the staff report. He said not all members of the proposed district may have been aware Council was considering adoption of a Resolution of Intent to form a utility undergrounding assessment district. He asked Council to rescind approval of the resolution, and reconsider adoption following discussion. Mayor Fraser invited questions from the Council. There were none. Mayor Fraser opened the floor for public comment. There was none. MOTION: To rescind approval of Resolution No. 32-2016, as recommended. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous 2. Reconsideration of a Resolution of the Town Declaring its Intention to Take Proceedings to Underground all Existing Overhead Utility Facilities within the Boundaries of the Proposed Town of Tiburon Assessment District No. 2017-01 (Hawthorne Undergrounding District) Town Manager Chanis gave the staff report. He said this would be the same presentation given at the December 12, 2016 special meeting. Town Council DRAFT Minutes#01 -2017 January 4, 2017 Page 2 He described the location of the proposed district and showed the proposed boundary map, consisting of 121 parcels—most parcels are residential, but also includes Saint Hillary's Church and School, Belvedere Tennis Club and the Community Congregational Church of Tiburon. He said 83 petitions have been received, a sufficient number to satisfy both State law and Town of Tiburon Undergrounding Policy requirements. The petitioners have also submitted$151,000 in subscription deposits, as required by Town policy. He outlined a tentative timeline for the project. He said the resolution up for adoption tonight would be the first administrative step to starting the undergrounding process—the Council would declare its intent to form the Assessment District, appoint Bond Counsel(s), approve the preliminary district boundary map, appoint a District Engineer and direct the District Engineer to prepare the Engineer's Report. He said the expenses incurred by these actions will be paid for by the subscription deposits, and there would likely be no surplus. If approved, next Council action would be to review the Engineer's report, which would provide a preliminary estimate of total project costs, including special benefit and general benefit. The proposed District Engineer provided an initial estimate of$8.4 million, and estimated the general benefit to be 10- 15%of the total cost. He said the Town's Undergrounding Policy states that 100%of costs associated with the project will be borne by the property owners in the district, unless funds from PG&E or other utilities can be applied, but there is no guarantee that those funds are available. He said PG&E Rule 20A funds are specifically earmarked for undergrounding. He reminded Council of an active undergrounding project along Tiburon Boulevard, which will use$875,000 of Rule 20A funds. He also reminded Council ofpreviously stated Rule 20A fund priorities. He spoke to other historical undergrounding assessment districts. He said the Engineer's Report did not idents any General Benefit in prior projects, and the Town has not historically contributed General Fund monies to prior projects. The only exception would be the Del Mar project, in which the Town paid litigation costs out of the General Fund. He concluded his staff report by recommending Council review the resolution of intent, but to keep in mind the following: how will the general benefit and completion of a biddable set of plans be funded?He invited questions from the Council. Councilmember Fredericks said all her questions and concerns stated at the previous meeting still stand, and commented that there are several matters that will need to be discussed at a later date. Vice Mayor O'Donnell commented that the cost estimate provided in the engineer's preliminary report has been wrong in the past; he cited one instance in which the cost had nearly doubled after the design phase was complete due to rising values of materials.He asked if we can be confident that the $8.4 million is accurate. Chanis replied that that number was not the "official" preliminary estimate. He said the Town will continue to work with the engineer to capture any increases in cost and ensure the included contingency is enough to cover any additional costs that may arise. O'Donnell added that it would be a cumbersome process to have to re-sell bonds a second time if they were not sold at the correct value the first time. Chanis said the Town will be vigilant with the Town Council DRAFT Minutes#01 -2017 January 4, 2017 Page 3 engineer to ensure the estimate reflects the actual cost. Fredericks added to Vice Mayor O'Donnell's comment about rising values of materials: she said at that time, global markets were booming, and other countries were purchasing American materials. She said she hoped these global impacts on construction costs will be kept in mind in the future. Mayor Fraser opened the floor for public comment. Robert Chandler,695 Hilary Drive,referenced the letter he had sent to the Council.He said he could not afford to pay for utility undergrounding, and would have to sell his long-term home. He added that his views would not be improved as they were already blocked by trees. Chris Henry,720 Hilary Drive,asked for more specificity about the project.He wanted to ensure this project was specific to undergrounding only, and nothing else would be "slipped in" during the process.He also asked if a"hard cap"could be put on the cost,and commented that district members had seen the estimate move from $6.3 million to $8.3 million. He asked if the Town would absorb the costs for work done along Tiburon Boulevard; the district did not want to pay for work that would comprise a greater community benefit.He also asked for a greater understanding of how costs will be assessed to each property, and how the district itself was developed. [Town Attorney Stock said many of these questions and more fine details will be answered by Sam Sperry, bond counsel, in the coming weeks. He will be present to discuss the mechanics of the district formation with the citizens. Mayor Fraser also clarified that tonight's discussion was only about Council's intent to gather details about the district formation,and would not be an approval of the district.He said there would be ample opportunity for participation and feedback,and ultimately, a citizen vote as to whether or not to proceed.] Barb Elliot,700 Hilary Drive,stated her concern about transparency. She said she and her neighbors have lots of questions. She said residents of the district should know how much it will cost each of them to connect the laterals to their individual homes as an additional cost before the vote. She said this project would be a large financial burden to many in the neighborhood,and that she hoped those neighbors would be well-represented throughout the proceedings. Jane Colwell,685 Hawthorne Drive,felt that nothing had been kept from her. She said the overhead poles were unsafe. She said she hoped Council would vote to approve the resolution of intent, and that everyone's questions get answered along the way. Gary Schoch,93 Rock Hill Drive, said fourteen utility poles were visible from his property.He said there was a major safety concern with two maj or transformers on Rock Hill Drive.He said he wanted to know and understand the costs,and that would ultimately affect his vote. [Mr. Schoch originally stated that "all votes are equal" and Vice Mayor O'Donnell clarified that the votes will be proportional to assessed value.] John Hermansky,690 Hawthorne Drive,requested that the Council discuss what the general benefits Town Council DRAFT Minutes#01 -2017 January 4, 2017 Page 4 to the Town would be as part of their considerations. Art Kenny,Tiburon Boulevard,asked how the assessment district boundary map was decided upon. He wondered why his property was included as he and his neighbors are all against the project,and asked if it could be changed. Mayor Fraser closed the floor to public comment. Councilmember Fredericks stated concern over when the true cost to the members of the district will be determined. Town Manager Chanis confirmed that it would not be until after the set of biddable plans is developed. He said if the low bid exceeds the amount of bonds Council authorized, they would have to reissue additional bonds to the property owners to cover the additional costs. She clarified"just how preliminary"Council's actions were tonight—approving forward movement to gather information. She added that in other districts, other proponents have provided financial assistance to district members on limited incomes. She said she is in support of the resolution. Vice Mayor O'Donnell said he wished to answer several questions that were brought forth during the public comment period. He said the district engineer will determine the "special benefit" values assessed to each parcel, as well as the"general benefit"to the Town. He said historically,there has been no general benefit cost to the Town,and for that reason,the Town will have to determine if this project is a fair value,just as the district members will.He said the district map was formed based on how the homes are connected to the utility poles that would be undergrounded. Town Manager Chanis added that the proponents determined the boundary by consulting engineers and PG&E. Councilmember Tollini said she also wished to address several questions. She said this district will be specific to undergrounding, and nothing else will be added. She said the cost would have to be approved initially and if it increases. She said this assessment district would not contribute to the separate Tiburon Boulevard undergrounding project. She also further clarified that the general benefit is determined by the district engineer, not the Town. She said she reviewed the Town's undergrounding policy and the General Plan and found the Town has historically supported undergrounding projects, for safety reasons as well as aesthetics. She said she was in favor of the resolution,and commented that there were several matters that needed to be addressed at a later date. Councilmember Doyle said he can relate to the district members' concerns over cost and said the Council is aware of their reservations.He said the only way to find out what the ultimate cost will be would be to move forward with the resolution of intent. Vice Mayor O'Donnell said he is a proponent of utility undergrounding and is in favor of the resolution of intent. He commended the proponent's work thus far in forming the district. Mayor Fraser asked if the district engineer will determine the costs of connecting the laterals for each property owner,and if the homeowners will know this information prior to the vote.Town Manager Chanis said the preliminary engineer's report would not provide that information, but any Town Council DRAFT Minutes 901 -2017 January 4, 2017 Page 5 homeowner could contact a contractor and get a reasonable estimate for the cost of that work. Homeowners will likely have the option to accept the bid price of connecting the lateral from the contractor that does the rest of the undergrounding work if they so wish. Mayor Fraser said it would be beneficial to provide district members with contact information of contractors that could provide an estimate for that work. He said Council is aware there are more questions to be answered and said there would be many more opportunities for input. He stated his support for the resolution, and said he believes this is the right choice for the community. MOTION: Adopt resolution, as written, approving preliminary boundary map, designating Harris&Associates as Assessment Engineer,directing preparation of the Engineer's report and appointing Sam Sperry and Stradling, Yocca, Carlson & Rauth as Bond Counsel. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous TOWN COUNCIL REPORTS There were none. TOWN MANAGER REPORT There was none. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 8:15 p.m. JIM FRASER, MAYOR ATTEST: LEA STEFANI, TOWN CLERK Town Council DRAFT Minutes#01 -2017 January 4, 2017 Page 6 TOWN OF TIBURON Town Council Meeting ` 2017 1505 Tiburon Boulevard January 18, z' � "° Agenda Item: `. Tiburon, CA 94920 cc -� STAFF REPORT E To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Ann ncement of Vacancies on Town Boards, Commissions & Committees Reviewed By: BACKGROUND Town Council Resolution No. 16-2007 (Appointments Procedure) requires that the Mayor announce pending vacancies on Town boards, commissions and committees at the first regular meeting of the New Year. A notice is subsequently published in the Ark newspaper and posted at Town Hall and the Belvedere-Tiburon Library for the purpose of informing the public of these vacancies and to seek applicants to fill the positions. Commissioners whose terms are expiring in 2017 will be notified by the Town Clerk of their term expirations and asked whether they are interested in seeking reappointment. Due consideration will be given to incumbent commissioners, however, the Council is required to interview all new applicants,pursuant to Resolution No. 16-2007. An exception to this rule is for commissioners who have served terms of less than two years in duration; the Council is not required to interview new applicants for these pending vacancies, if the incumbent seeks reappointment to the position. The attached Notice of Current & Pending Vacancies itemizes all of the known vacancies to which the Council will make appointments in 2017. RECOMMENDATION Staff recommends that the Town Council: 1. Announce the pending vacancies in 2017 on Town boards, commissions and committees by adoption of this report on the Consent Calendar; 2. Direct staff to publish and post the notice of pending vacancies in accordance with Town policy. Exhibit:Notice of Pending Vacancies on Town Boards,Commissions&Committees,January 2017 Prepared By:Lea Stefani,Town Clerk • :,�fi== ' TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES On Town Boards, Commissions & Committees January 2017 BUILDING CODE APPEALS BOARD DESIGN REVIEW BOARD HILARITA BOARD MARIN COMMISSION ON AGING PLANNING COMMISSION Town Artist Laureate The following vacancies on Town Boards, Commissions and Committees are current or pending in 2017. Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct interviews of interested applicants beginning in February 2017. Current commissioners whose terms are expiring may seek reappointment for another term; commissioners who have served terms of less than two years are eligible for automatic re- appointment. Applicants should be residents of the Town of Tiburon and have the time, interest and desire to serve on the board or commission, including attendance at regular monthly meetings and other activities. Some commissions, such as the Heritage &Arts Commission, and The Ranch, are comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula. Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's website, wwtin.tovvn@liburon.ori(click on"Forms and Documents" under"Government"). You may also contact Town Clerk Lea Stefani at lstefani@townoftiburon.org (tel: 435-7377) for more information. TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES JANUARY 2017 BUILDING CODE APPEALS BOARD Appointee Appointed Term Expires • David Kallmeyer(resigned) April 2012 2/28/2019 [position vacant since 2015] • Rich Ostaggi June 2012; 2013 2/28/2017 • Chuck Clemons April 2012; 2013 2/28/2017 DESIGN REVIEW BOARD Appointee Appointed Term Expires • Gordon Cousins April 2013 2/28/2017 HILARITA BOARD (Town representative to the Hilarita-Tiburon Ecumenical Association Board of Directors) Appointee Appointed Term Expires** • Carolyn Grey 2009 Resigned [position vacant since 2013] MARIN COMMISSION ON AGING Appointee Appointed Term Expires • Fran Wilson (resigned) July 2014 06/30/2017 [position vacant since 2016] PLANNING COMMISSION Appointee Appointed Term Expires • David Kulik July 2013 2/28/2017 TOWN ARTIST LAUREATE Appointee Appointed Term Expires • Jaleh Etemad September 2012 8/31/2020 [position vacant] *Appointees who have served terms of 2 years or less are eligible for automatic reappointment pursuant to Town Council Resolution No. 16-2007. **No set term limit Copies to: The Ark(for publication on 1/18 and 1/25/17) Courtesy copy to: The Marin Independent Journal Notice Posted at Tiburon Town Hall and Belvedere/Tiburon Library z TOWN OF TIBURON Town Council Meeting A' ��� � ,`� 1505 Tiburon Boulevard January 18,2017 Tiburon, CA 94920 Agenda Item: cc STAFF PO . To: Mayor& Members of the Town Council From: Community Development Department Subject: Reco)almendation to Accept Annual Reporting of Development Impact Fee ursuant to the California Government Code Reviewed by: BACKGROUND Similar to most cities and counties in California, the Town of Tiburon imposes public facilities fees on development projects during the approval process. Certain of these fees are categorized as "development fees" under Section 66000 et seq. of the California Government Code. Section 66006 of that code requires specific data regarding development fees to be made available to the public within 180 days following the end of each fiscal year, with a public meeting held on the matter at the next regularly scheduled meeting following release of the data. This report sets forth the required annual data reporting for the Town's development fee accounts for Fiscal Year (FY) 2015-2016, which closed on June 30, 2016. ANALYSIS The Town of Tiburon imposes four categories of fees that could qualify as development fees. These categories are: 1) traffic impact fees 2) street impact fees 3) affordable housing in-lieu fees and 4) stormwater runoff fees. Park and recreation in-lieu fees, which the Town also collects, are not defined as development fees in the statute. Reporting data for each of the Town's development fee categories is shown below. Traffic Mitigation Fees Traffic mitigation fees have been collected by Town since 1980; the two current fee accounts were established in 1996, each addressing different portions of the Tiburon Planning Area. In March 2007, an updated Traffic Mitigation Fee Schedule based on projections from the Town's General Plan Tiburon 2020 went into effect. The Town Council will receive a mandatory five- year report on these funds in January 2017 and will make findings regarding the future use of unexpended funds in these accounts; the next five-year review would be scheduled for January 2022. The two traffic mitigation accounts and the required data for this annual report are as follows: Circulation System Improvement Fund (CSIF): This fund contains the collected exactions for construction of public traffic improvements in the incorporated portions of the Tiburon Planning Area. The fee varies depending on the location of the project in relation to intersections Town Council Meeting January 18,2017 identified in the General Plan Circulation Element as requiring improvement. The fee varies from $0 per PM peak trip to $5,278 per PM peak trip. TIBURON CIRCULATION SYSTEM IMPROVEMENT FUND Fund Balance, July 1, 2015 $84,353 Revenues: Fees Collected $5,276 Interest Income $361 TOTAL REVENUES $5,637 Expenditures: $0 TOTAL EXPENDITURES $(0) Fund Balance, June 30, 2016 $89,990 In the adopted FY 2016-17 budget there are no planned expenditures identified from this account. No inter-fund loans or transfers occurred from this account for FY 2015-16 and no refunds from this account were issued in FY 2015-16. Planning Area Mitigation Fund (PAMF): This fund contains the collected exactions for public traffic improvements in portions of the Tiburon Planning Area outside of the Town's corporate limits. The fee varies depending on the location of the project in relation to intersections identified in the General Plan Circulation Element for improvement. The fee varies from $0 per PM peak trip to $361 per PM peak trip. TIBURON PLANNING AREA MITIGATION FUND Fund Balance, July 1, 2015 $185,326 Revenues: Fees Collected $0 Interest Income $758 TOTAL REVENUES $758 Expenditures: $0 TOTAL EXPENDITURES $(0) Fund Balance, June 30, 2016 $186,084 The FY 2016-17 Town budget does not contain any planned expenditures from this account. Additional future projects to which these funds would be contributed include a TOWN OF TIBURON Page 2 of 5 l_OW11 Col'Incil Naottilw JaezGia-V 18,"2)017 merge/acceleration lane at the Tiburon Boulevard/Cecilia Way intersection and capacity improvements at the Tiburon Boulevard/Redwood Highway Frontage Road intersection. These improvements are set forth in the General Plan Circulation Element, but are likely to be at least five years away. The cost of these improvements will exceed funds available at this time. No inter-fund loans or transfers occurred in this account for FY 2015-16 and no refunds from this account were issued in FY 2015-16. Street Impact Fee The street impact fee went into effect in July 1999. This fee partially off-sets the Town's costs of public roadway maintenance by assessing a fee of 1.0% (.01) on the valuation of all building permits issued by the Town. A project with a$100,000 building permit valuation would therefore be subject to a street impact fee of$1,000. TIBURON STREET IMPACT FUND Fund Balance, July 1, 2015 $2,446,249 Revenues: Fees Collected $464,738 Interest Income $8,166 Refund/Reimbursement $0 TOTAL REVENUES $472,904 Expenditures: $879,384 TOTAL EXPENDITURES $(879,384) Fund Balance, June 30, 2016 $2,039,769 EXPENDITURES Protects completed FY 2015-16 Cost % from Fund Annual Pavement Management Program $879,384 100% Total Projects FY 2015-16 $879,384 100% For FY 2016-17,the Town has identified in its adopted budget$45,000 in planned street improvement projects to be funded by the Street Impact Fund. The Town maintains a Pavement Management Program (PMP), which analyzes the condition of the Town's streets and suggests appropriate repair/replacement techniques based on this analysis. In 2006, the Town embarked on an aggressive program to eliminate its "failed" street segments, which has been successfully OI l I l"t (to\ P et e i of 5 Town Council Meeting January 18,2017 completed. According to the most recent Pavement Management Program(PMP)update report, the Town's overall Pavement Condition Index (PCI)now stands at approximately 78, up from a PCI of 66 in 2006. No refunds or transfers were issued from this account in FY 2015-2016. The Town Council received a mandatory five-year report on these funds in January 2015; the next such report is due in January 2020. Affordable Housing In-Lieu Fee This fee is collected either at the subdivision map or building permit stage, at the option of the developer. Its revenues are used for the design and construction of permanently affordable housing units or for other actions that would directly preserve, conserve, rehabilitate, or increase the supply of affordable units in the Tiburon Planning Area. The fee is calculated using a formula contained within Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. The formula contains several variables (such as interest rates) and the amount of the fee can vary over time depending on these variables. Generally, at the current time, the in-lieu fee amount is approximately $405,000 for each required affordable unit that is not built, dependent upon prevailing interest rates and other variables at the time of calculation. A project creating 12 or more units or lots would be responsible to provide 20% affordable units or pay the resulting in- lieu fee. Projects that create 7 through 11 units would be responsible for providing 15% affordable units or pay the resulting in-lieu fee. Projects that create 2 through 6 new lots or units pay a prorated share of the in-lieu fee for a single affordable unit. For example, a 6-unit project would pay 0.9 (15% X 6 units= 0.9) of the in-lieu fee. It is unclear whether affordable housing in-lieu fees are a"development fee" as defined in state law; however, the following information is public record. AFFORDABLE HOUSING IN-LIEU FUND Fund Balance, July 1, 2015 $1,236,509 Revenues: Reimbursements $7,045 Interest Income $4,496 TOTAL REVENUES $11,541 Expenditures: Bank Fees $0 Marin Housing JPA $10,746 Legal Expenditures $0 Community Homelessness $12,524 TOTAL EXPENDITURES $(23,270) Fund Balance, June 30, 2016 $1,224,780 The Town Council received a mandatory five-year report on these funds in January 2016 and is scheduled to receive another in January 2021. TOWN OF TIBURON Page 4 of 5 I,wil C:c iit7cil ller.tit7 JaIniar\ For FY 2016-17 the Town has $33,126 in expenditures planned from the Affordable Housing In- Lieu Fund, primarily for Marin Housing Authority-related services, an annual contribution to the Homeward Bound program for homeless persons, and a contribution to the Marin Homelessness program. Several affordable housing sites are identified in the Housing Element of the Tiburon General Plan, and as developers move forward with actual projects, the housing in-lieu funds collected will be expended toward affordable housing projects. No inter-fund loans or transfers occurred in this account for FY 2015-16, and no refunds from this account were issued in FY 2015-16. Stormwater Runoff Fee The Town began collecting stormwater runoff fees, also known as impervious surface fees, in 2005. The stormwater impact fee helps recover the costs of upgrading the Town's public storm drain system to accommodate additional runoff caused by new construction. The fee is $1.00 per square foot of new impervious surface created by construction projects. The Town Council received a mandatory five-year report on these funds in January 2016 and made findings regarding the use of unexpended funds in this account. The next such report is due in January 2021. STORMWATER RUNOFF FUND Fund Balance, July 1, 2015 $176,921 Revenues: Fees Collected $18,263 Interest Income $536 TOTAL REVENUES $18,799 Expenditures: Storm Drainage Improvements $116,026 Railroad Marsh Maintenance $0 TOTAL EXPENDITURES $(116,026) Fund Balance, June 30, 2016 $79,694 For FY 2016-17 the Town has $140,000 in expenditures planned from the Storm Water Runoff Fund. No inter-fund loans, transfers, or refunds were issued to or from this account in FY 2015- 16. RECOMMENDATION Staff recommends the Town Council accept this annual report. No other action is required. Prepared By: Scott Anderson,Director of Community Development�m Heidi Bigall,Director of Administrative Services T(5_7,tit'T _ fla—C 5 of S TOWN OF TIBURON Town Council Meeting January 18,2017 1505 Tiburon Boulevard Tiburon,CA 94920 Agenda Item:cn 1. STAFF REPORT To: Mayor& Members of the Town Council From: Community Development Department Subject: Traffic Mitigation Fee Findings Pursuant to Government Code Section 66r Regulating Public Facility Fees for Development Projects Reviewed by: BACKGROUND The Town of Tiburon has been collecting traffic mitigation fees since 1980. The current iteration of traffic mitigation fees began in FY 2007-2007, pursuant to Town Council Resolution 02-2007. State law requires that every five (5) years the legislative body makes certain findings regarding any unexpended funds in a development fee account. The last five-year report for unexpended traffic mitigation fees was made in 2012. This report sets forth the current round of five-year findings required by law as set forth in Government Code Section 66001. These findings are memorialized in the draft Resolution attached as Exhibit 1. TRAFFIC MITIGATION FEE ACCOUNTS The Tiburon General Plan Circulation Element contains a list of"Proposed Circulation Improvements"necessary to keep the Town's major intersections operating at acceptable levels of service. Some of the listed improvements are located within Town corporate limits while others are located within the unincorporated"Planning Area" of the Town of Tiburon. Therefore, the Town has created two traffic mitigation fee accounts into which fee exactions from new development are deposited; one account for"in-Town"projects and the other for"Planning Area" projects. These accounts are as follows: Circulation System Improvement Fund (CSIF): This fund collects exactions for improvements within the Town's corporate limits. The current balance is approximately $34,000. Planning Area Mitigation Fund (PAMF): This fund collects exactions for improvements within the unincorporated portions of the Tiburon Planning Area. The current balance is approximately $183,000. Town Council Meeting January 18,2017 ANALYSIS State law requires the following topics to be addressed, and findings made, with respect to unexpended funds in the Town's traffic mitigation fee accounts. In making the findings, reference to existing public documents containing the pertinent information is allowed under the State law. 1. Purpose of the Fees The Town Council finds that the purpose of the fees is to maintain major intersections within the Tiburon Planning Area operating at acceptable levels of service. Acceptable levels of service are set forth on p. 5-19 of the General Plan Circulation Element; the list of specific improvements required to maintain such levels of service is set forth on pp. 5-31 through 5-34 of the Circulation Element. The General Plan Circulation Element is available for public review at Tiburon Town Hall and on the Town's website at www.townoftiburon.org. 2 Reasonable Relationship between the Fees and the Purpose for which they are Charged All traffic mitigation fees collected were based on the pro rata share of traffic impact for each development project from which the fees are exacted. The Town Council finds that the justification and the mechanism for calculating fees are adequately set forth in Town Council Resolution No. 02-2007, available for public review at Tiburon Town Hall. Further detail is available in the Tiburon Traffic Mitigation Fee ProgramTMF) Update Report (hereafter "Update Report"), dated November 2006, prepared by Fehr& Peers, available for public review at Tiburon Town Hall and on the Town's website at www.townoftiburon.org. 3 Sources and Amounts of Funding Anticipated to Complete Financing of Improvements The total cost estimate for the complete list of improvements in the Circulation Element exceeds $3,305,692 (in July 2006 dollars). The Town acknowledges that funding has not been identified for all of the circulation improvements set forth in the Circulation Element as necessary to maintain acceptable levels of service. This is largely because the amount of remaining development potential in the Tiburon Planning Area is relatively small, while circulation improvements are quite expensive. Furthermore, not all anticipated future traffic generation will be caused by new development; new development pays only its fair share. The Town is aware that other sources of funding, including from the State Highways Division(Caltrans), Transportation Agency of Marin (TAM), Metropolitan Transportation Commission, County of Marin, City of Mill Valley, City of Belvedere, and miscellaneous other grant funding sources will be required to supplement the Town's traffic mitigation fees and any available Tiburon General Fund revenues in constructing the required improvements. The amount of funding needed from other sources is several million dollars, most of which would be focused at or near U. S. Highway 101. With respect to the CSIF,the Town has no budget allocations in its FY2016-2017 Capital Improvement Program. The cost of meaningful projects would exceed the currently available TOWN OF TIBURON Page 2 of 4 Town Council Meeting January 18,2017 funds in the CSIF. The Town Council finds that until such time as adequate funds are accumulated or other funding sources secured, the Town will not proceed with completion of all these improvements. With respect to the PAMF, the Town has no budget allocations in its FY 2016-17 Capital Improvement Program. The Town recently contributed $100,000 toward capacity improvements at the southbound off-ramp of U. S. Highway 101 at the East Blithedale Avenue/Tiburon Boulevard intersection, supplementing the larger contributions by the County of Marin and Caltrans. For the future, Redwood Highway Frontage Road @ Tiburon Boulevard improvements identified in the General Plan have been estimated to cost approximately $465,000, and a Cecilia Way @ Tiburon Boulevard merge-acceleration lane has been estimated to cost in excess of $50,000. The Town Council finds that the cost of these projects far exceeds the amount of money in the Town's PAMF account; therefore, the Town will not expend this money until such time as sufficient funds are identified to carry out the projects. The Town intends to contribute to these efforts at such time as funds are available to proceed. However, a major contribution of funds from sources other than the Town of Tiburon will be required to make the Frontage Road improvements possible. 4 Approximate Dates When Necessary Funding is Anticipated to be Deposited This date will vary for each circulation improvement project. Many of the signalization improvements will not be possible until such time as a particular intersection meets Caltrans warrants for signalization. Other projects, such as Redwood Highway Frontage Road improvements, will largely be dependent upon Caltrans (State) and County of Marin timing and funding. The Town Council finds that due to the cost and complexity of major projects, it is not possible to provide specific dates for the securing of additional funds necessary to complete the improvements. Ballpark estimates for the Frontage Road improvements are up to 10 years, while localized Tiburon Boulevard improvements could be completed anywhere within the five years depending on traffic conditions. A brief status report on specific improvements is provided below. STATUS REPORT ON SPECIFIC CIRCULATION ELEMENT IMPROVEMENTS Gilmartin Drive Right-Turn Lane A dedicated right turn lane from Gilmartin Drive onto westbound Tiburon Boulevard is proposed to be installed as part of the Ling (Stony Hill)residential development project. The tentative subdivision map for that project has been approved and the preliminary design for the dedicated right turn lane has been favorably reviewed by the Town. The parcel map and improvement plans are currently being processed. Caltrans has approved the design for the turn lane. Roundabout at Mar West Street/Tiburon Boulevard Intersection The Circulation Element calls for installation of a modern roundabout at this intersection, replacing the prior traffic signal improvement. The Town continues to collect development fees for the eventual construction of this roundabout. The Belvedere-Tiburon Library Expansion TOWN OF TIBURON Page 3 of 4 Town Council Meeting January 18,2017 project approval is conditioned to make a monetary contribution toward this improvement. Conceptual designs for roundabout projects have been prepared for the Town. Tiburon Boulevard Widening at Trestle Glen Boulevard The Town continues to collect development fees for the eventual construction of this improvement, which would create a second west-bound storage lane on Tiburon Boulevard from the intersection as far to the east as practicable toward Stewart Drive. This is an enormously expensive long-range project and other funding sources would need to complement the contributions from development fees in order for this improvement to occur. Tiburon Boulevard between North Knoll Road and the U. S. Highway 101 Interchange Roadway improvements in this unincorporated Strawberry section of the Tiburon Peninsula would be aimed at improving capacity and/or vehicular movement east of the U. S. 101 interchange with Tiburon Boulevard, and would be a cooperative effort between Caltrans,the County of Marin, City of Mill Valley, Town of Tiburon, and City of Belvedere. Discussions are currently underway regarding improvements to the Redwood Highway Frontage Road at its intersection with Tiburon Boulevard. Merge-Acceleration Lane on Tiburon Boulevard at Cecilia Way This proposed improvement would be similar to the merge-acceleration lanes on Tiburon Boulevard at Reed Ranch Road and at Ned's Way. The improvement would be located in an unincorporated section of the Tiburon Peninsula adjacent to the Town's corporate boundary. This is not a high priority improvement and no efforts are currently underway to design or build this merge lane. RECOMMENDATION Staff recommends that the Town Council adopt the Resolution. EXHIBITS 1. Draft Resolution. Prepared by: Scott Anderson,Director of Community Development TOWN oFTIBURON Page 4 of 4 RESOLUTION NO. XX-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MAKING CERTAIN FINDINGS REGARDING FEES COLLECTED FOR TRAFFIC MITIGATION PURPOSES The Town Council of the Town of Tiburon does hereby resolve as follows: WHEREAS, the Town of Tiburon has collected certain traffic mitigation fees since 1980. Pursuant to subsequent amendments to the California Government Code, specifically Section 66000 et seq.,the Town Council is required to make certain findings every five years relative to unexpended funds collected for such purposes; and WHEREAS, the Town has prepared the required documentation regarding the fees and such documentation has been available for public review for at least fifteen(15) days prior to the public hearing; and WHEREAS, the Town Council held a duly-noticed public hearing on this matter on January 18, 2017. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon does hereby make the following findings relative to its unexpended traffic mitigation fees. 1. Purpose of the Fees. The Town Council finds that the purpose of the traffic mitigation fees is to maintain major intersections within the Tiburon Planning Area operating at acceptable levels of service. Acceptable levels of service are set forth on p. 5-19 of the General Plan Circulation Element; the list of specific improvements required to maintain such levels of service is set forth on pp. 5-31 through 5-34 of the Circulation Element. The General Plan Circulation Element is available for public review at Tiburon Town Hall and on the Town's website at www.townoftiburon.org. 2. Reasonable Relationship Between the Fees and the Purpose for which they are Charged. All traffic mitigation fees are based on the pro rata share of traffic impact for each development project from which the fees are exacted. The Town Council finds that the justification and the mechanism for calculating fees are adequately set forth in Town Council Resolution No. 02-2007, available for public review at Tiburon Town Hall. Further detail is available in the Tiburon Traffic Mitigation Fee Program(TMF)Update Report(hereafter"Update Report"),dated November 2006, prepared by Fehr&Peers, available for public review at Tiburon Town Hall and on the Town's website at www.townoftiburon.org. Tiburon Town Council Resolution No.xx-2017 --1--12017 1 3. Sources and Amounts of Funding Anticipated to Complete Financing of Improvements. The total cost estimate for the complete list of improvements in the Circulation Element is in excess of$3.5 million dollars. The Town acknowledges that funding has not been identified for all of the circulation improvements set forth in the Circulation Element as necessary to maintain acceptable levels of service. This is largely because the amount of remaining development potential in the Tiburon Planning Area is relatively small, while circulation improvements are quite expensive. Furthermore, not all anticipated future traffic generation will be caused by new development; new development pays only its fair share. The Town is aware that other sources of funding, including from the State Highways Division(Caltrans),Transportation Agency of Marin (TAM), Metropolitan Transportation Commission, County of Marin, City of Mill Valley, City of Belvedere, and miscellaneous other grant funding sources will be required to supplement the Town's traffic mitigation fees and any available Tiburon General Fund revenues in constructing the required improvements. The amount of funding needed from other sources is several million dollars, most of which would be focused at or near U. S. Highway 101. With respect to the CSIF, the Town has budgeted no expenditures from the current 2016-2017 fiscal year budget. The cost of projects listed in the Circulation Element would far exceed the available funds in the CSIF. The Town Council finds that until such time as adequate funds are accumulated or other funding sources secured, the Town will not proceed with completion of all these improvements. With respect to the PAMF, the Town is in discussions with the City of Mill Valley and other agencies to potentially contribute monetarily toward capacity improvements at the Redwood Highway Frontage Road/Tiburon Boulevard intersection. The Town Council finds that the cost of this project far exceeds the amount of money in the Town's PAMF account; therefore, the Town will not expend this money until such time as sufficient funds are identified to carry out the project. The Town intends to contribute to this effort at such time as funds are available to proceed. However, a major contribution of funds from sources other than the Town of Tiburon will be required to make this improvement possible. 4. Approximate Dates When Necessary Funding is Anticipated to be Deposited. This date will vary for each circulation improvement project. Many of the signalization improvements will not be possible until such time as a particular intersection meets Caltrans warrants for signalization. Other projects, such as improvements to Redwood Highway Frontage Road or to the Trestle Glen Boulevard intersection, will largely be dependent upon Caltrans (State) and other local timing and funding. The Town Council finds that due to the cost and complexity of major projects, it is not possible to provide specific dates for the Tiburon Town Council Resolution No.xx-2017 --1--/2017 2 securing of additional funds necessary to complete the improvements. Ballpark estimates for the improvement near U. S. Highway 101 are completion within five (5)years, while localized Tiburon Boulevard improvements are likely to be completed anywhere within the next two years to ten or more years. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, State of California, held this 18th day of January, 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Tiburon Town Council Resolution No.xx-2017 --/--/2017 3 r Town Council Meeting TOWN OF TIBURON <7 1505 Tiburon Boulevard January 18, 2017 J _ Tiburon, CA 94920 Agenda Item: CGLP r ST REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: IyVestment Summary—December 2016 Reviewed By: � � BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended December 31, 2016. ANALYSIS December 2016 Agency Interest Investment Amount Rate Maturity Town of Tiburon Local Agency Investment $22,273,142.11 0.719% Liquid Fund (LAIF) Money Market(Bank of $ 100,000.00 0.15% Liquid Marin) Total 1 1 $22,373,142.11 The total invested at the end of the prior month was $20,248,142.11, therefore; the Town's investments increased by $2,125,000 from November 2016. The Town received its first payment of secured property taxes from the County in December, which accounts for a majority of the increase in funds invested. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing— safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for December 2016 Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard January 18, 2017 Tiburon, CA 94920 Agenda Item:/1n _ STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Director of Public Works Subject: Award a Design Contract to Coastland Civil Engineering for the 2017 Storm DyLin Repair Project Reviewed By: BACKGROUND In 2008, the Town completed a Storm Drain Master Plan(SDMP). Regarding the condition of the storm drains made of corrugated metal pipe (CMP), the plan states, "Several corrugated metal pipes placed in the 1940s and 1950s (estimated)have failed or are failing and are in immediate need of replacement." The economic life of CMP runs from 20 to 40 years, depending on environmental conditions. Failure is normally defined as the first perforation of the pipe. Virtually all CMP storm drains in Tiburon are over 40 years old. The Town began cleaning and inspecting selected storm drain lines in 2011. The Town has identified 854 storm drain pipe segments. Prior to this year, 162 segments had been cleaned and inspected, with reports on 116 pipe segments. Of the inspected CMP segments with reports, 47% were found to have serious defects and were repaired or replaced. In the FY 2016-2017 CIP Budget, Council approved $130,000 in funding to clean and inspect over CMP segments. The contractor inspected a total of 50 line segments. Of the fifty lines inspected, twenty (40%) have major defects, that is, holes in the pipe. Two of these are on private property and were not dedicated to the County or Town leaving eighteen that need to be repaired or replaced. Other storm drain pipes have minor defects and exhibit signs of wear consistent with their age. Staff believes repair of these pipe segments can be delayed to future budget years. We do note, however, that when it is possible to simply line a CMP storm drain, there is considerable savings if the work is done prior to a hole developing. Of the eighteen CMP segments that need repair now, ten segments, totaling 949 feet, should be increased in size, which requires complete replacement. The other eight segments totaling 932 feet can be repaired by grouting and lining. Grouting and lining may be less expensive depending on the location of the segment. This will be determined during design. Based on the last four storm drain projects completed in Tiburon, and information on recent bids from projects in other Marin jurisdictions, staff estimates the total cost of replacement and/or repair of all 18 CMP segments will be approximately $550 per linear foot, or$L I M. It is important to note this estimate is preliminary, and will be refined throughout the design process. TOWN OF TIBURON PAGE 1 OF 3 Town Couneil N(eetin" January 18, 201 8y A list of the 18 CMP segments identified with major defects is provided in the Table 1 below. Table 1 Existing Diameter Watershed Road Length Diameter needs increasing? Belveron B Watershed Trestle Glen 80 24 No East End 5 Watershed Paradise 33 15 Yes East End 5 Watershed Paradise &Mar East 65 10 Yes East End 5 Watershed Paradise 125 12 Yes East End 5 Watershed Paradise 125 12 Yes East End 5 Watershed Paradise 125 12 Yes Old Landing 1 Watershed Hacienda Drive 247 15 No Rock Hill A Watershed Hawthorne 55 24 No Mar West-Racoon Lagoon View Drive 51 1 No Old Landing 1 Watershed Hacienda Drive 365 12 No Rock Hill B Watershed Hawthorne 39 12 Yes Rock Hill B Watershed Hawthorne 42 15 No Rock Hill B Watershed Rock Hill 237 20 No Seafirth Seafirth Lane l29 12 Yes Seafirth Seafirth Lane 120 18 No Paradise Paradise 55 12 Yes Paradise Paradise 55 18 Yes Paradise Paradise 55 18 Yes On November 2, 2016, Staff provided an update to Council and afterwards put out a Request for Proposals (RFP) for the design of these eighteen storm drain pipe segments. The RFP was sent to five consultants. The Town received three proposals. Two consultants responded that they could not currently staff the project given other commitments. ANALYSIS Staff evaluated the proposals and selected Coastland Civil Engineering for the design work. This selection was based on their response to the proposal, a more robust environmental analysis and value. The proposed cost for the design work is $108,408. The project may be ready for bid as early as late May. Permitting could potentially delay the bidding. The estimated cost of construction is about $1 million. The majority of the construction costs will occur in the next fiscal year. FINANCIAL IMPACT The Town maintains two reserve funds for use on this type of project, the Streets and Drainage Fund and the Drainage Impact Fund. The status of these funds is summarized in Table 2 below. TOAVA )F TIMiNO.N Pa(' o[:3 Table 2 Balance FY 16-17 FY 16-17 FY 16-17 Estimated Fund as of Budgeted Budgeted Estimated Funds 6/30/16 Revenue Expenditures Actual available Expenditures Streets/Drainage 1,224,955 70,000 (290,000) (165,000) 1,129,955 Drainage Impact 79,694 20,000 (100,000) (100,000) (306) The estimated $1.13M in available funds indicated above is a combination of the remaining balances in both reserve funds ($1,004,919) and the estimated total unexpended CIP funds included in the FY16-17 Budget ($125,036). RECOMMENDATION Staff recommends that the Town Council: 1. Move to approve the award of contract for the design of the 2017 Storm Drain Project to Coastland Civil Engineering in an amount not to exceed $108,408. 2. Allow the Town Manager the flexibility to increase the design contract by 15% as a contingency to cover any design issues that are not now readily apparent. Exhibits: Maps showing locations of damaged storm drain pipes Prepared by: Patrick Barnes Number & Location of Storm Drain Pipes Needing Repair ! ego vim' : --------- I TOWN ,EMIR IZ. � ,.�' ► ■ EDE k�Y SON ♦ ,� ILEATNCLIFF ' vZ- ■ 4p v cr GA 0yE DR I 4 Ub7INCORPORATED VgN CACI P, aD0 A �.. ' A TANFIELD AN C. al O tiv � A TRATZS � a� 5 GR Z$ORGT °3 00 W4 C r A°p RET GE Rp 5 h S F yv V�1• O C O VIEW DR yLF• WY F HACIENDA w4 CK 'z 4 1ACIENDA h MA RTIN A'O d�.� ACELA 'Zj v o pLaN� VENUS p0RT0 CT MARINO MT. N N DR 8(7 ,L �� ROUND Z� O 40 FtiW�O HSyZ, ,LaERO °,S ,� 2 IND .y 4- x ISTAZO WED PATt� {MARK X04'9 .•rN FLOR S DR v�EST g ti N f o v a 4 a OyR G Cy3L �4' gES Sp N WEST o N REDDSN P VZLyE V �v0ti TSO yIA eAgA1 Y c •-� �v WEST M y h ti S0 GT 4t ° •y'ti' S,A 4p. d, x O �� AR ST CO4 w w S� gS o p4 r4 0v � v W E � �• � S N [�• 5�°°� :,� 4 J0@ V �o�Q a N VISI Q � � RY �' rSQ SOO N �S0 b N STONY N'Lt, RD 40 a V h n Wim. z� ry 1 -- U wV R r.CU N -� -�♦ z Y, O T F O •W A DR a RD j z VIRGA@IA DR MAIN -0 PR LAGO S LAGO -RD ,-- \ BRUNINI WAY _•----------r■— r v�~ � �. �....... ..J ti gD RD PEN INS)LA ,Q4'�°00 � ; .1 415. ✓' v� • EDG IATER B E L DJER E 9,40 ► RD v ♦ , 1 •AFL ` Q O • EL c�'-q, �a SAN 1A TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard January 18,2017 s Agenda Item: CC- Tiburon,CA 94920 g v STAFF PO . To: Tiburon Town Council From: Greg Chanis, Town Manager Subject: Recommendation to Approve the Advisory Board Annual Report regarding the Tiburon Tourism Business Improvement District and AdAt Resolution of Intention to Levy Assessments Reviewed By: BACKGROUND The Town created the Tiburon Tourism Business Improvement District("TTBID") in 2007 to fund a marketing program to promote tourism. The TTBID raises funds by imposing assessments on the lodging establishments in the Town, who receive a special benefit from the tourism industry. The state law governing the TTBID is the Parking and Business Improvement Area Law of 1989, Section 36500 et seq. of the California Streets and Highways Code (the "Act"). The TTBID Advisory Board ("Advisory Board") is the governing body of the TTBID. The Act requires the Advisory Board to prepare an annual report(AB Report) for the Town Council containing the following information: 1. The improvements and activities to be provided for the upcoming fiscal year, i.e., the business improvement program. 2. An estimate of the cost of the business improvement program for that fiscal year. 3. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. 4. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. 5. The amount of any contributions to be made from sources other than assessments levied pursuant to this part. The AB Report sets the TTBID's program, which is subject to Council approval. The Advisory Board met on January 11, 2017 and approved the AB Report attached to this staff report as Exhibit 1. If the Council approves the report, either as submitted or with changes,the program will be implemented during the fiscal year. To fund the program,the Council must levy the TTBID assessments by (a) adopting the Resolution of Intention attached to this report as Exhibit 2; (b)holding a public hearing to hear any protests from the assessed businesses; and (c) if there is no majority protest, adopting a resolution confirming the report and levying the assessments. Town Council Meeting January 18,2017 ANALYSIS 1. Advisory Board Report The draft AB Report recommends the Town use the TTBID assessments to continue and expand upon the activities conducted during the past fiscal year. The Town would use the TTBID assessments to fund a marketing program, in consultation with the TTBID beneficiaries—the Town's lodging establishments— and other interested parties. In Fiscal Year 2016-17, the TTBID program will continue to be implemented by Destination Tiburon, a non-profit public benefit corporation established in 2014. The Fiscal Year 2016-17 program will consist of the following activities: • Develop a multi-channel communications plan designed to reach Meeting Planners at all relevant touch points. • Create marketing materials for Meeting Planner target: Website (MeetInTiburon.com), Tip Sheets, White Papers, Photography, Video, Trade Show presence, Collateral, Print Advertising, eBlasts, Blog strategy and content, Instagram strategy and content, Cinema advertising. • Bring together a Tiburon Experience Network, a group of local service and experience providers who can provide services to meeting participants. • Create Familiarization Trips for Meeting Planners and Influencers to deliver the unique Tiburon experience. • Deliver Destination Tiburon message directly to high potential targets at Trade Shows and networking events. • Update Leisure Traveler website (DestinationTiburon.or ) with new content designed to motivate the target with unique Tiburon experiences, and to include crowd-sourced content. • Create consumer campaign to encourage "sampling" of Tiburon, with the aim to encourage future overnight visits. This campaign will be marketed to hotel concierges in San Francisco, to market Tiburon as a destination for weekday day trips. • Continue distributing collateral materials in the Consumer channel: Tiburon Guides are distributed to guests at Tiburon hotels. These are designed to drive traffic to local businesses and attractions. Rack Cards are distributed at the Ferry Building in San Francisco and California Welcome Centers throughout the Bay Area. • Develop partnerships with industry associations and marketing partners to maximize existing members and customers. • Engage SEO professional to optimize all web activities for Destination Tiburon. • Compile a Destination Tiburon brand toolkit to guide the look and feel of all Destination Tiburon communications. As explained in the report, staff anticipates that the TTBID will begin Fiscal Year 2016-17 with a surplus of$316,576 from the prior fiscal year and raise approximately $159,000 in assessment revenue during the current fiscal year. In addition to assessment revenue, the TTBID anticipates receiving $30,000 from the Town of Tiburon, which is a portion of the Transient Occupancy Tax Tow:N()F TI131,1z y _ Panc 2 of 3 Tol,�m Council Meeting January 18,2017 collected by the Town. Staff anticipates expending approximately $315,000 in Fiscal Year 2016- 17, with any surplus funds carried over to the next fiscal year (2017-18). 2. Resolution of Intention and Related Actions The Act requires that the Council annually levy the TTBID assessments. The first step in this process is for the Council to adopt a Resolution of Intention, which does the following: • Declares the Council's intention levy the assessments during Fiscal Year 2016-17. • Describes the proposed activities and improvements authorized by the Town's ordinance, Chapter 7A of the Municipal Code, and any substantial changes to those activities and improvements. • Fixes the time and place for a public hearing on the proposed assessments and states that written and oral protests may be made. The attached draft Resolution of Intention includes all of the statutorily required actions. If the Council decides to proceed with the TTBID process and adopts the Resolution, staff will mail and publish notice of the February 1, 2017 public hearing as required by State law. If directed by Council, staff will ask Dianne Admire, Marketing Director for Destination Tiburon, to give a short presentation on the status of the TTBID program at the February 1, 2017 public hearing. After holding the public hearing and considering public testimony, the Council would determine whether there was a majority protest. Assuming there was not, the Council could adopt a resolution confirming the report and levying the assessments. FINANCIAL IMPACT Staff does not expect any additional financial impact as a result of adopting the recommended actions. The Town will continue funding the TTBID program from the TTBID assessments and a portion of the TOT tax collected. RECOMMENDATION Staff recommends that the Town Council: 1. Consider the Advisory Board Report. 2. Approve the Report with any desired changes. 3. Adopt the Resolution of Intention 4. Direct staff to schedule a presentation by Destination Tiburon staff at the February 1, 2017 public hearing. Exhibit: (1) Draft Report of the TTBID Advisory Board (2) Resolution of Intention Prepared By: Greg Chanis, Town Manager .............__.___.__........_.._..._... TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD REPORT To: Mayor and Members of the Town Council From: TTBID Advisory Board Subject: Report of the TTBID Advisory Board re TTBID Funding and Program; Recommendation to Approve Report Date: January 9, 2017 I. BACKGROUND The Tiburon Town Council (the Council) formed the Tiburon Tourism Business Improvement District ("TTBID") in 2007. The impetus behind that action was the request from Town's two hotels, the Lodge at Tiburon and the Water's Edge, to join the Marin County tourism promotion effort, which is administered by the Marin County Visitors Bureau ("MCVB"). The TTBID originally imposed assessments of 1% of gross hotel revenue. In 2011, the Town raised the amount of the assessment from I%to 2% of gross hotel revenue, also at the hotels' request. Initially, the Town contracted with MCVB to administer the Town's TTBID program. In 2013, the Town re-directed the funds to a locally based business improvement effort that would focus on the specific attractions of the Tiburon peninsula. In 2014, Destination Tiburon, a nonprofit public benefit corporation was formed to implement the TTBID program. The Town must also comply with the procedural laws governing business assessment districts. Those procedural laws require an annual assessment process that begins with the TTBID Advisory Board's (the Board)preparing this report for the Council approval. II. TTBID Program A. Procedural Requirements. The Town created the TTBID in 2007 pursuant to the Parking and Business Improvement Area Law of 1989, Section 36500 et seq. of the California Streets and Highways Code (the "Act"). The Act requires the Board to prepare an annual report containing the following information: 1. The improvements and activities to be provided for the upcoming fiscal year, i.e., the business improvement program. 2. An estimate of the cost of the business improvement program for that fiscal year. 3. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. 4. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. TOWN OF TIBURON PAGE 1 OF 3 EXHIBIT i 5. The amount of any contributions to be made from sources other than assessments levied pursuant to this part. The Council must review this report and approve it either as submitted by the Board or with changes. Approving the report is the .first step in the process of imposing assessments for the new fiscal year. B. Tourism Business Improvement Prolzram. 1. Improvements and Activities The TTBID consists of a broad-based destination marketing campaign to raise Tiburon's profile as a premiere location for vacations, conferences, meetings and other events. This campaign is directed both at leisure tourists and at travel, event and conference professionals. FY2016/2017 can be typified by an intense period of strategic development and marketing planning combined with incredibly productive phases executing the plan. Specific activities in the fiscal year beginning in 7/1/016 and ending 6/30/2017 consist of: • Develop a multi-channel communications plan designed to reach Meeting Planners at all relevant touch points. • Create marketing materials for Meeting Planner target: website (MeetlnTiburon.com), Tip Sheets, White Papers, Photography, Video, Trade Show presence, collateral,print advertising, eBlasts, Blog strategy and content, Instagram strategy and content, cinema advertising. • Bring together a Tiburon Experience Network, a group of local service and experience providers who can provide services to meeting participants. • Create Familiarization Trips for Meeting Planners and Influencers to deliver the unique Tiburon experience. • Deliver Destination Tiburon message directly to high potential targets at Trade Shows and networking events. • Update Leisure Traveler website (DestinationTiburon.org) with new content designed to motivate the target with unique Tiburon experiences, and to include crowd-sourced content. • Create consumer campaign to encourage "sampling" of Tiburon, with the aim to encourage future overnight visits. This campaign will be marketed to hotel Concierges in San Francisco, to market Tiburon as a destination for weekday day trips. • Continue distributing collateral materials in the Consumer channel: Tiburon Guides are distributed to guests at Tiburon hotels. These are designed to drive traffic to local businesses and attractions. Rack Cards are distributed at the Ferry Building in San Francisco and California Welcome Centers throughout the Bay Area. • Develop partnerships with industry associations and marketing partners to maximize existing members and customers. • Engage SEO professional to optimize all web activities for Destination Tiburon. • Compile a Destination Tiburon brand toolkit to guide the look and feel of all DT communications. EXHIBIT 2. Estimated cost of the TTBID Program for Fiscal Year 2016-17. The Board expects program expenditures during Fiscal Year 2016-17 will be approximately $315,000. Any sums remaining would be carried over to the program for Fiscal Year 2017-18. 3. Method and basis of assessment The basis for the assessment will not change. When the Town created the TTBID;the MCVB recommended that the Town calculate the assessment level as a percentage of gross receipts, indicating that the benefit to the assessed businesses would be commensurate with those receipts. Both of the Town's lodging establishments supported that level of assessment. The Town deferred to the joint expertise of the MCVB and the hotels. The hotels continue to support the 2% of gross receipts assessment and the Advisory Board accepts their judgment. 4. Surplus or deficit revenues carried over from prior fiscal year. The Board expects the TTBID will enter Fiscal Year 2016-17 with a surplus of$316,576 carried over from the prior fiscal year, and receive revenues totaling $189,005 during the fiscal year. This estimated revenue figure is the combined total of an anticipated 159,005 in assessments related to the TTBID and an additional $30,000 from the Town of Tiburon. Based on these revenue projections and the estimated expenses noted in Section 2, the TTBID expects to carry over a surplus of approximately $190,000 to Fiscal Year 2017-18. The Board anticipates FY2016-17 will be a productive year, with the creation of an entire suite of marketing materials. At the close of FY2016-17, marketing production will scale back and the focus of the organization will be getting the marketing materials into the appropriate channels. 5. The Amount of Contributions from non-TTBID Sources. The Town contributed approximately $30,000 during the present fiscal year and, as noted in Section 4 above, expects to contribute a like amount in Fiscal Year 2016-17. At this juncture, the Board does not anticipate any other contributions from outside sources. However, the Board recommends exploring participation from local merchants that could benefit from tourism promotion activities. FINANCIAL IMPACT Staff anticipates no additional financial impact to the Town, other than the contribution noted in Section 5 above. The Town will continue to collect the 1 % administrative allowance as provided by law. All remaining funds would be expended on the TTBID program without further contributions from the Town. RECOMMENDATION The TTBID Advisory Board recommends that the Tiburon Town Council: 1. Hear public testimony and snake any desired changes to the Advisory Board Report; and 2. Move to approve a Resolution Approving the Report and take such other actions as are necessary to set the assessments for Fiscal Year 2016-17 for a public hearing. EXHIBIT RESOLUTION NO. -2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TTBID ADVISORY BOARD REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS ON LODGING ESTABLISHMENTS WITHIN THE TIBURON TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et seq., authorizes cities to establish parking and business improvement areas for the purpose of promoting tourism; and WHEREAS, in 2007, the Town formed the Tiburon Tourism Business Improvement District ("TTBID"), to levy a one percent (1 %) assessment on lodging establishments within the Town's borders; and WHEREAS, in 2010, at the request of the Town's two lodging establishments, the Lodge at Tiburon and the Water's Edge Iotel ("collectively, "Town Hotels"), the Town increased the TTBID assessment to two percent (2%) and WHEREAS, the TTBID Advisory Board ("Advisory Board") approved its annual report on January 11, 2017, which report sets forth the legally required program and budget information ("Annual Report"). NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby resolves, determines, and finds as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The Town Council hereby approves the Advisory Board Report and declares its intention to continue levying and collecting assessments within the Tiburon Tourism Business Improvement District ("TTBID"), whose boundaries are the Town's borders, during the 2016-2017 fiscal year; Section 3. The Town will use the TTBID funds to finance and administer marketing programs to promote mid-week and off-season overnight lodging business, to promote the Town as an overnight tourism destination, and to fund projects, programs, and activities that benefit lodging establishments within the TTBID, including management and visitor services, all as set forth in this Resolution and the Advisory Board Report on file with the Town Clerk Section 4. The assessment is proposed to be levied on all lodging establishments, existing and future, at a rate of 2% of gross room rental revenue. The assessment is proposed to be this percentage for the following reasons: Page 1 of 3 a. An assessment based on percentage is most fair to lodging establishments because it will cost smaller, lower service level and perhaps more inexpensive lodging businesses less money than it will cost larger, perhaps higher service level and higher room rate lodging businesses. b. Benefits received by the assessed lodging businesses are likely to be proportional to their assessment, depending upon programs implemented. c. An assessment based on percentage will result in revenues that rise and fall in reflection of greater and lesser business in an overall up or down tourism market and world economy. d. An assessment based on percentage is direct, and easy to understand and calculate. Section 5. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Section 36531. Section 6. Except where funds are otherwise available, the lodging business assessment will be levied annually to pay for all improvements and activities within the TTBID, specifically lodging-related and visitor services. These include, but are not limited to, web-site construction and maintenance, highlighting the assessed hotels, providing visitor information to promote mid-week and off-season overnight lodging; Management/Alliances/Board of Directors; Research; Sales in Target Markets, and Administration & Personnel. Section 7. The time and place for the public hearing on the proposed levy of assessments is set for 7:30 p.m. on February 1, 2017, at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon CA 94920. Section 8. At the public hearing, the oral and written testimony of all interested persons for or against the levy of the TTBID or the extent of the TTBID area, the types of businesses to be assessed, or the furnishing of specified types of improvements or activities will be heard. Section 9. Any interested party may make a written or oral protest against the TTBID or any aspect of thereof. However, in determining whether there is a majority protest against the TTBID, the Council will only count written protests from persons or entities that would be subject to the proposed assessment. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the lodging business in which the person signing the protest in interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the County of Marin or Town of Tiburon as the owner of the lodging business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings Page 2 of 3 shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests should be mailed to the Town Clerk, 1505 Tiburon Boulevard, Tiburon CA 94920. Section 10. If, at the conclusion of the public hearing on February 1, 2017, there are of record written protests by the owners of the lodging businesses within the TTBID that will pay fifty percent (50%) or more of the total assessments of the entire TTBID, no further proceedings to levy the TTBID assessments shall occur. New proceedings to levy the TTBID assessments shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the Tiburon Town Council. If the majority written protest is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the TTBID. If there are no written protests by owners of the lodging businesses within the TTBID that will pay fifty percent (50%) or more of the total proposed assessments, the Council will consider a resolution confirming the Advisory Board Report and levying the assessments. Section 11. Further information regarding the proposed Tiburon Tourism Business Improvement District (TTBID) may be obtained from Greg Chanis, Town Manager, 1505 Tiburon Boulevard, Tiburon CA 94920, telephone (415) 435-7373. Section 12. The Tiburon Town Council supports the establishment of the TTBID within the legal process set forth above. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on January 18, 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JAMES FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Page 3 of 3 l Town Council Meeting TOWN OF TIBURON g January 18,2017 1505 Tiburon Boulevard Agenda Item: Tiburon, CA 94920 STAFF PO . To: Mayor& Members of the Town Council From: Office of the Town Attorney Subject: Regulation of Marijuana: Analysis and Request for Guidance Regarding the Town's Regulation of Marijuana Subsequent to the Passage of Proposition 64 (Control, Regulate and Tax Adult Use of M juana Act) Reviewed by: L r BACKGROUND This report analyzes the Town of Tiburon's marijuana regulations in light of the Medical Cannabis Regulation and Safety Act ("MCRSA") t, adopted by the Legislature in 2015, and Proposition 64, known as the "Control, Regulate and Tax Adult Use of Marijuana Act" (the "AVMA"), approved by voters on November 8, 2016. Under these state laws, a variety of medical and non-medical marijuana businesses can operate subject to local ordinances. In addition, individuals can cultivate marijuana for their own personal medical or recreational uses provided they comply with local regulations. In light of the state laws and in order to ensure that the Town maintains local control over all marijuana land uses to the fullest extent possible, the Town Council should consider making certain amendments to its Municipal Code. The range of amendments is discussed in more detail below, but all involve the addition of express provisions within the zoning ordinance to clearly address the salient issues related to marijuana cultivation, delivery, and commercial business activity. ANALYSIS Legislative History On October 9, 2015, Governor Brown signed Assembly Bills 243 and 266 and Senate Bill 643. Taken together, the three bills create MCRSA, a comprehensive state regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, as well as physician recommendations for medical marijuana. MCRSA is intended to govern all commercial cannabis activities, which are defined as "cultivation,possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical Senate Bill 837, signed by Governor Brown on June 27, 2016, changed the name of the Medical Marijuana Regulation and Safety Act to the Medical Cannabis Regulation and Safety Act. Town Council Meeting January 18,2017 cannabis or a medical cannabis product." Under MCRSA, all medical marijuana businesses, or commercial cannabis activities, must have a state license and a local permit, license, or other authorization in order to operate lawfully within California. (Bus. & Prof. Code § 19320(a).) On November 8, 2016, California voters approved the AVMA, which allows individuals to possess, use, and cultivate recreational marijuana in certain amounts. An individual may possess up to 28.5 grams of non-concentrated marijuana or 8 grams of marijuana in a concentrated form (e.g., marijuana edibles). In addition, an individual may cultivate up to six marijuana plants at his or her private residence provided that no more than six plants are being cultivated on the property at one time. The AUMA also establishes a regulatory system for commercial businesses that is very similar to the medical marijuana regulatory system under MCRSA. Under the AVMA, recreational marijuana cultivators, manufacturers, distributors, retailers, and testing laboratories may operate lawfully if they obtain a state license and comply with local ordinances. The League of California Cities has prepared a memorandum further explaining the AUMA and it is attached as Exhibit 1. The AUMA does not limit local police power authority over commercial marijuana business and land uses. Cities may prohibit such businesses completely if they so choose. With regard to private cultivation, however, there is one important limitation on local police power. Cities may ban private outdoor marijuana cultivation, but they may not completely ban private indoor cultivation of six marijuana plants or less. The AUMA provides that private indoor cultivation of six or fewer marijuana plants is lawful under both state and local law and is only subject to "reasonable" local regulations. The Town of Tiburon currently prohibits medical marijuana facilities in the Municipal Code, specifically in the zoning ordinance. This prohibition includes those facilities that are commonly known as medical marijuana dispensaries, cooperatives, and collectives. (Mun. Code § 16- 20.030(a)(4).) The prohibition also includes marijuana cultivation. (Mun. Code § 16- 20.030(a)(4)(c).) The Town's regulations, however, do not address recreational marijuana businesses and certain medical marijuana businesses, such as medical marijuana manufacturers, distributors, transporters, and testing laboratories. Identified Areas for Amendment of Local Regulation The Town of Tiburon's current regulations regarding marijuana are summarized in Town Council Resolution 07-2016, attached as Exhibit 2. Town staff has identified the following areas of local regulation where the Town Council should consider making amendments to the Municipal Code in response to the current state laws. 1. The Town Council should consider amendments to address recreational marijuana businesses in express terms. Under the AVMA, such businesses do not need a local permit to operate lawfully. Unless a municipality has clear regulations regarding recreational marijuana businesses, the state could issue a license to an otherwise unwanted establishment. Furthermore, if the Town does not have express recreational marijuana business regulations, it may be more difficult for the Town to bring enforcement actions against violators. To",N OF Ti]3tiRON Page 2 of 6 Town Council Meeting ,January 18,2017 2. The Town Council should consider amendments regarding regulation of private marijuana cultivation. While the Town's broad prohibition against all marijuana cultivation remains enforceable following the AUMA as to outdoor cultivation and most forms of indoor cultivation, it is no longer enforceable against indoor residential cultivation of six or fewer marijuana plants. The Town Council will need to determine the scope and nature of any indoor cultivation regulations. 3. The Town Council should consider adopting express zoning provisions regarding certain medical marijuana businesses that the current Town zoning regulations do not address. These businesses include marijuana manufacturers, distributors, transporters, and testing laboratories. 4. The Town Council should consider adopting express zoning regulations regarding marijuana delivery services. With these modifications, staff believes that Tiburon's marijuana regulations will be better positioned to address the unique challenges posed by marijuana land uses, which are likely to become more prevalent following the AUMA's passage. Policy Issues and Options Business and Professions Code section 26200 provides that municipalities may "completely prohibit the establishment or operation of one or more types of businesses licensed under"the AVMA. Therefore, as under MCRSA, municipalities have a wide range of regulatory options under the AVMA to deal with recreational marijuana land uses. These options include an express ban on all or some of the businesses permitted under the AVMA, or establishing a regulatory framework for commercial marijuana businesses. If the Town Council desires to control marijuana land uses, it should rely on express provisions in the Municipal Code, as opposed to reliance on"permissive zoning". In determining the scope of these express regulations, the Town Council should consider three key policy issues. Policy Issue#1 —Commercial Marijuana Activities The first task for the Town Council is to determine how it wants to address commercial marijuana businesses. With regard to such businesses,the Town Council has the following options: ➢ The Town could continue its existing prohibition against medical marijuana dispensaries and commercial cultivation sites and extend it to cover the remaining medical marijuana businesses recognized under MCRSA and the recreational marijuana businesses recognized under the AVMA. Under this option, the Town would prohibit all commercial marijuana businesses throughout the Town. ➢ The Town could allow all or some of the marijuana businesses recognized under MCRSA and/or the AVMA. If the Town Council decides to allow marijuana businesses under a regulatory scheme, it should consider the following additional questions: TOWN OP TiiitIRON Page 3 of 6 ToNvii Council Meeting January 18,2017 - What type of restrictions should apply to marijuana land uses? Locational restrictions may include the designation of certain zoning districts as permissible locations and separation requirements to avoid clustering of marijuana land uses. Some cities have limited the number of marijuana establishment permits that they are willing to issue. Operating requirements can be extensive and include the following: the use of licensed security guards, designated hours of operation, prohibition against on-site marijuana consumption, installation of adequate odor control devices and ventilation systems, and limitations on access to minors. - What type of permit or permits will be required? Some cities have imposed conditional use permit requirements for marijuana land uses, while others have required annual renewable regulatory permits. - How will the Town process marijuana land use applications? A Town could take a number of approaches for processing applications: (1) first come, first serve; (2) lottery; and/or (3) scoring system. Under a lottery system, pre-qualified applicants are selected through a random lottery to apply for the required marijuana land use permit. - If marijuana businesses are allowed, what type of local taxes should the Town impose? If approved by voters, the Town could impose a local marijuana excise tax based on a percentage of gross receipts for retail businesses or the square footage of a cultivation or manufacturing site. In addition, the Town could enact a marijuana business regulatory fee to pay for the cost of processing applications, issuing licenses, and performing the necessary inspections. Policy Issue # 2 —Personal Cultivation The Town Council will need to determine the extent to which it wants to prohibit or allow private marijuana cultivation. Municipal Code section 16-20.030(A)(4)(c) currently prohibits all marijuana cultivation in the Town, including private indoor and outdoor cultivation. The Town Council could choose to continue this policy regarding private marijuana cultivation. However, if the Town Council takes this approach, it should amend its existing ban to reflect the AUMA's provision that municipalities cannot completely ban private indoor cultivation of six or fewer marijuana plants. Some municipalities that have addressed private indoor marijuana cultivation have imposed local permit and safety inspection requirements. As long as such requirements do not effectively ban private indoor cultivation, courts would likely consider them to be reasonable regulations and therefore permissible under the AVMA. The issue is whether Town staff members have the time and resources to implement a private marijuana cultivation permit and inspection program. Many municipalities have decided based on local circumstances that the burden and expense of local permit and inspection requirements for private indoor cultivation outweigh the potential benefits of the added regulations. Alternatively, the Town Council could allow private indoor and/or outdoor marijuana cultivation for either medical or recreational purposes, or both. The Town Council could impose To\VN oI-TIM IRON Page 4 of 6 Town Council Meeting January 18,2017 various conditions on private cultivation, including security requirements, odor restrictions and control requirements, setback requirements, and restrictions against marijuana plants that are visible from neighboring properties or public rights-of-way. Policy Issue #3—Marijuana Deliveries Finally, the Town Council may consider adding express provisions regarding marijuana deliveries. Under both MCRSA and the AVMA, a municipality retains the police power authority to prohibit marijuana deliveries that begin or end within its boundaries. However, a municipality cannot prevent a delivery service from using public roads to simply pass through its jurisdiction from a licensed dispensary to a delivery location outside of its boundaries. If the Town Council wishes to prohibit marijuana deliveries, it may consider the following language: "No person and/or entity may deliver or transport marijuana from any fixed or mobile location, either inside or outside the Town, to any person in the Town." If the Town Council desires to allow limited deliveries to qualified patients, it could add the following exception to the delivery ban: " . . . except that a person may deliver or transport medical marijuana to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code section 113 62.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code sections 11362.5 and 11362.7(d)." The Town Council could also choose to generally allow marijuana deliveries, which under state law can only be made by licensed dispensaries or retailers. The state is working on the implementing regulations, which may further explain how medical and recreational marijuana deliveries will occur. It will be up to the Department of Consumer Affairs to determine how much marijuana can be transported during the delivery process. This is an important question because a small amount of marijuana can have a significant street value, making it an attractive criminal target. Any health and safety regulations developed by the state for marijuana deliveries will represent the minimum state-wide standards. Conclusion The explicit local control language in MCRSA and the AUMA provide local governments with broad discretion to deal with marijuana land uses. In order to ensure that the Town of Tiburon can exercise that authority fully, the Town Council should amend the Municipal Code to address the various marijuana activities that are recognized under both MCRSA and the AVMA. The purpose of this report is to seek initial guidance from the Town Council for the preparation by staff of a draft ordinance setting forth proposed amendments. The Planning Commission would then hold a public hearing on the proposed amendments and forward its recommendations to the Town Council for further public hearing and possible adoption. TOWN of Ti BtIRON Page 5 of 6 Town Council Meeting January 18,2017 RECOMMENDATION Staff recommends that the Town Council: 1. Ask any questions or seek clarification from staff. 2. Accept public comment on the item. 3. Deliberate on the proposed options and provide initial direction to staff. 4. Authorize preparation of a draft ordinance and direct staff to commence with the public review process for its adoption. EXHIBITS 1. League of California Cities memo regarding the AVMA, dated December 26, 2016. 2. Town Council Resolution 07-2016, adopted February 3, 2016. Prepared by: Ben Stock,Town Attorney Scott Anderson,Director of Community Development TOWN oF TIBtTRON Page 6 of 6 1400 K Street, Suite 400 • Sacramento, California 95814 L Phone: 916.658.8200 Fax: 916.658.8240 �� � 01: C A H V O R N i www.cacities.org . �� � MEMORANDUM' To: League of California Cities' City Managers Department League of California Cities' City Attorneys Department From: League Staff Date: September 26, 2016 Re: The Control, Regulate and Tax Adult Use of Marijuana Act On November 8, 2016,the Control, Regulate, and Tax Adult Use of Marijuana Act("AUMA" or "Act") will come before California voters as Proposition 64. If passed, the AUMA will legalize the nonmedical use of marijuana by persons 21 years of age and over, and the personal cultivation of up to six marijuana plants. In addition,the AUMA will create a state regulatory and licensing system governing the commercial cultivation, testing, and distribution of nonmedical marijuana, and the manufacturing of nonmedical marijuana products. The regulatory system governing these commercial marijuana activities largely mirrors the Medical Marijuana Regulation and Safety Act ("MMRSA"), but there are key differences. This memorandum will provide an overview of the AUMA, highlight the ways in which the AUMA differs from the MMRSA, and identify the issues that cities will need to take action on if the AUMA passes. I. Overview of the AUMA A. Personal Nonmedical Marijuana Use The AUMA makes it legal for persons 21 years of age or older to: (1) smoke or ingest marijuana or marijuana products; (2)possess,process,transport,purchase, obtain, or give away to persons 21 years of age or older, without any compensation, 28.5 grams of marijuana, or 8 grams of concentrated marijuana, including as contained in marijuana products; and (3)possess, plant, cultivate, harvest, dry or process up to six living marijuana plants for personal use.2 The AUMA requires that marijuana in excess of 28.5 grams that is produced by plants kept pursuant to the personal cultivation provision of the Act be kept in a locked space on the grounds of a private residence that is not visible from a public place.3 Although persons 21 years of age or older may use and possess nonmedical marijuana under the Act, their ability to engage in these activities is not unfettered. The AUMA prohibits the smoking ' DISCLAIMER: These materials are not offered as or intended to be legal advice.Readers should seek the advice of an attorney when confronted with legal issues.Attorneys should perform an independent evaluation of the issues raised in these materials. 2 Health&Saf.Code § 11362.2(a). 3 Health&Saf.Code § 11362.2(a)(2). 1 1`.",'��.....LELIBIT Noj of marijuana: (1) in any public place, except where a local jurisdiction has authorized use on the premises of a retailer or microbusiness in accordance with Business and Professions Code section 26200; (2)where smoking tobacco is prohibited; (3) within 1,000 feet of a school, day care center, or youth center while children are present; and (3) while driving, or riding in the passenger seat of, any vehicle used for transportation.4 Moreover, individuals cannot possess marijuana on school grounds, in day care centers, or in youth centers while children are present, or possess an open container of marijuana or marijuana products while driving, operating, or n riding in any vehicle used for transportatios The AUMA further provides that cities may prohibit possession and smoking in buildings owned, leased, or occupied by the city, and that employers, including cities, may maintain a drug and alcohol free workplace by prohibiting the use, consumption, possession, transfer,transportation, sale, display or growth of marijuana in the workplace.6 1. Personal Cultivation The AUMA provides that local governments can reasonably regulate, but cannot ban,personal indoor cultivation of up to six living marijuana plants within the person's private residence.'The Act defines private residence as "a house, an apartment unit, a mobile home, or other similar dwelling unit."8 This includes cultivation in a greenhouse on the same property as the residence that is not physically part of the home, as long as it is fully enclosed, secure, and not visible from a public space.9 The AUMA completely protects the ability of local governments to regulate, and to ban,personal outdoor cultivation operations.10 However, it purports to repeal any ordinance that bans outdoor cultivation upon the California Attorney General's determination that nonmedical use of marijuana is lawful under federal law.1 B. Commercial Nonmedical Marijuana Activity Under the AUMA, California will have a comprehensive state regulatory system for nonmedical marijuana that governs the industry from "seed to sale." The Bureau of Marijuana Control, currently the Bureau of Medical Cannabis Regulation, which is within the Department of Consumer Affairs, will have primary responsibility for administering and enforcing the AUMA.'2 The AUMA divides state licensing and enforcement responsibilities among three agencies: (1) the Department of Consumer Affairs, which will issue licenses for marijuana the transportation, 4 Health&Saf.Code§§ 11362.3; 11362.4. s Health&Saf Code§§ 11362.3(3), 11362.3(4). 6 Health&Saf.Code§ 11362.45 (f)-(g). 'Health&Saf.Code §§ 11362.1(a)(3), 11362.2. 8 Health&Saf Code§ 11362.2(5). 'Health&Saf.Code§ 11362.2(a)(2). 10 Health&Saf.Code§ 11362.2(b)(3). 11 Health&Saf.Code§ 11362.2(b)(4). 12 Bus.&Prof.Code§26010. 2 storage, distribution, and sale of marijuana;13 (2)the Department of Food and Agriculture will issue marijuana cultivation licenses, which will administer the provisions of the AUMA related to the cultivation of marijuana;14 and (3)the Department of Public Health, which will issue licenses for marijuana manufacturers and testing laboratories.15 Each of these state licensing authorities is responsible for creating regulations governing their respective areas of responsibility, and must begin issuing licenses by January 1, 2018.16 A state marijuana license will be valid for one year.17 A separate state license is required for each commercial marijuana business location.18 With the exception of testing facilities, any person or entity licensed under the AUMA may apply for and be issued more than one type of state license.19 1. Local Control All nonmedical marijuana businesses must have a state license.20 A state license cannot issue to an applicant whose operations would violate the provisions of any local ordinance or regulation.2 1 However a state applicant need not provide documentation that the applicant has a local license or permit. The AUMA does not limit the authority of a local jurisdiction to adopt and enforce local ordinances regulating or completely prohibiting state-licensed marijuana businesses.22 Local jurisdictions may establish"standards, requirements, and regulations regarding health and safety, environmental protection,testing, security, food safety, and worker protections that exceed state standards."23 2. Local Enforcement Like the MMRSA, the AUMA establishes a dual enforcement scheme for commercial marijuana activities that violate either state or local laws. The state licensing authorities will enforce state statutes and regulations. State authorities can suspend or revoke state licenses,24 pursue civil penalties against violating businesses in an amount equal to three times the applicable licensing fee per violation'25 or may prosecute violators criminally.26 Local authorities will be responsible "Bus.&Prof.Code§26012(a)(1). 14 Bus.&Prof.Code§26012(a)(2). 15 Bus.&Prof.Code§26012(3). 16 Bus.&Prof.Code§§26012(c),26013(a). "Bus.&Prof.Code§26050(c). 18 Bus.&Prof.Code§26055(c). 19 Bus.&Prof.Code§26053. 20 Bus.&Prof.Code§26038.) 21 Bus.&Prof.Code§26055(e). 22 Bus.&Prof.Code§26200(a).But see,Bus.&Prof Code§§ 19340(f),26080(b),26090(c)[prohibiting cities from preventing the use of public roads to lawfully transport or deliver nonmedical marijuana]. 23 Bus.&Prof.Code §26201. 24 Bus.&Prof.Code§ 2603. 25 Bus.&Prof.Code §26038(a) 26 Bus.&Prof.Code §26038(c). 3 for enforcing local ordinances and regulations.27 For state-licensed facilities operating within a city, a city may have authority to enforce state law and regulations "if delegated the power to do so by the [B]ureau [of Marijuana Control] or a licensing authority."28 II. Key Differences Between the AUMA and MMRSA A. Licensing The MMRSA established dual licensing of medical marijuana businesses, requiring both local approval and a state license in order for a business to operate legally.29 Specifically,the MMRSA requires applicants to provide the relevant state licensing entity with documentation proving their compliance with local ordinances and regulations.30 The AUMA does not require an applicant to provide evidence of local permission prior to being issued a state license.31 Instead, the AUMA prohibits state licensing entities from approving licenses for activities that would violate local ordinances.32 Thus, state licensing officials bear the onus of evaluating local regulatory compliance. Under this system, the AUMA allows a nonmedical marijuana business licensed by the state to operate within city limits unless the city's municipal code prohibits the use. Cities that wish to regulate or prohibit nonmedical marijuana businesses will need to do so before the State begins issuing licenses, either by enacting a nonmedical marijuana ordinance/regulation or by amending an existing medical marijuana ordinance/regulation to include nonmedical marijuana within its scope. B. License Revocation Under the MMRSA, revocation of a local license or permit unilaterally terminates the ability of the medical marijuana business to operate in the jurisdiction issuing the permit, until such time as the local permitting entity reinstates it.33 Under the AVMA, if a local jurisdiction revokes a local license,permit, or authorization for a licensee to engage in commercial marijuana activity within the local jurisdiction,the Bureau of Marijuana Control must initiate proceedings to determine whether the state license issued should be suspended or revoked within ten days of being notified by the local jurisdiction of the local revocation.34 Note, however, that, even if the state license is not suspended or revoked immediately,the business cannot operate within the local jurisdiction once local revocation occurs. 27 Bus.&Prof.Code§26200(b). 28 Bus.&Prof.Code§23202(a). 29 Bus.&Prof.Code§ 19320(b). 30 Bus.&Prof.Code§ 19322(a). 31 Bus.&Prof.Code§26056. 32 Bus.&Prof.Code§ 26055(e). 33 Bus.&Prof.Code§ 19320(d). 34 Bus.&Prof.Code§26200(c). 4 C. Personal,Indoor Cultivation Under the MMRSA, local governments possess the power to regulate and completely ban personal, indoor cultivation.35 Under the AUMA local governments can "reasonably regulate" indoor cultivation of up to six marijuana plants for personal use, but cannot ban it.36 D. Personal Outdoor Cultivation Under the MMRSA local governments can prohibit all outdoor cultivation. Under the AUMA local governments can prohibit all outdoor cultivation, until such time as the Attorney General determines that the use of nonmedical marijuana is lawful in the State of California under federal law.37 Upon such determination, the AVMA purports to repeal all local bans on outdoor cultivation.38 E. Amendment Any portion of the MMRSA can be amended at any time, if there is sufficient political support within the Legislature for making substantive changes to the regulatory structure. Under some circumstances, an amendment to the MMRSA by the Legislature might arguably violate The Compassionate Use Act of 1996 (adopted by the voters as Proposition 215),which decriminalized the personal use of medical marijuana.39 Under the AVMA,the Legislature may amend Sections 5 (relating to the use of medical marijuana for medical purposes) and 6 (relating to state licensing) and the provisions relating to penalties by majority vote. The Legislature may amend any other provision of the Act by a 2/3 vote. Any amendment must further the purposes and intent of the AVMA. The purpose and intent of the Act include allowing local governments to ban nonmedical marijuana businesses. F. Taxation The AUMA imposes new state taxes on medical and nonmedical marijuana in the following manner: • Effective January 1, 2018, the AVMA imposes an excise tax at the rate of 15%of gross retail sales receipts.40 o This tax will be in addition to existing state and local sales tax.41 Given that state and local sales taxes can range from 7-10%,the combined excise tax+ sales tax at the retail level could approach 25%; 35 Health&Saf.Code§ 11362.777(g);Maral v. City of Live Oak(2013)221 Ca1.App.4th 975,984;Kirby v. County of Fresno(2015)242 Cal.App.4th 940,969-970. 36 Bus.&Prof.Code§ 11362.2(b)(1). "Bus.&Prof.Code§ 11362.2(b)(4). 38 Bus.&Prof.Code§ 11362.2(b)(4). 39 Health&Saf.Code§ 11362.5. 40 Rev.&Tax Code§ 34011(a). 5 • Effective January 1, 2018, the AUMA imposes a separate cultivation tax on all harvested marijuana as follows:42 o $9.25 per dry-weight ounce on all marijuana flowers; o $2.75 per dry-weight ounce on all marijuana leaves; • The AUMA prohibits imposition of state and local sales taxes on medical marijuana.43 • The AVMA exempts marijuana cultivated for personal use from taxation.44 The AVMA does not pre-empt local taxation.45 However, the AUMA's estimated cumulative tax rate of nearly 35%on the purchase of nonmedical marijuana has potentially troubling implications for local governments. A high state tax rate by itself may depress sales and stimulate the black market. Any local taxation of marijuana should be governed by an awareness that a high retail sales tax rate, imposed on an industry that, until recently, has not been regulated at all, might stimulate black market activity and compromise the anticipated yield of revenue. In order to avoid such a result, cities might consider imposing an excise tax on discrete commercial nonmedical marijuana activities rather than on retail sales.New taxes on marijuana require compliance with Proposition 218. 1. Allocation of State Tax Revenues After repaying certain state agencies for marijuana regulatory costs not covered by license fees, and making certain grants to universities for research and development and the Governor's Office of Business and Economic Development, the AVMA distributes the remaining tax revenue as follows: • 60%for youth programs, substance abuse education,prevention and treatment; • 20%for environmental cleanup and remediation; and • 20%for state and local programs that reduce DUI and grant programs designed to reduce negative health impacts resulting from marijuana legalization G. Deliveries Under the MMRSA, medical marijuana deliveries can only be made from a state-licensed dispensary in a city, county, or city and county that does not explicitly prohibit it by local ordinance.46 A delivery person must carry a copy of the dispensary's state-issued license, a government ID, and a copy of the delivery request.47 The patient or caregiver requesting the delivery must also maintain a copy of the delivery request.48 Dispensaries and delivery Teople who comply with MMRSA are immune from prosecution for marijuana transportation. 9 41 Rev.&Tax Code§34011(d). 42 Rev.&Tax Code§34012. 43 Rev.&Tax Code§34011(g). 44 Rev.&Tax Code§340120). 4s Rev.&Tax Code§ 34021. 46 Bus.&Prof Code§ 19340(a). 47 Bus.&Prof Code§§ 19340(b)(2), 19340(d). 48 Bus.&Prof.Code§ 19340(e). 49 Bus.&Prof.Code§ 19317(f). 6 Under the AVMA, deliveries can be made by a state-licensed retailer, microbusiness, or nonprofit unless they are prohibited by local ordinance.50 Although the AUMA does require a customer requesting delivery to maintain a copy of the delivery request, there is no express requirement that delivery people carry or maintain any records.51 Moreover, unlike the MMRSA, the AUMA does not require that deliveries come from a dispensary. Instead, it states that "Deliveries, as defined in this division, may only be made by a licensed retailer or microbusiness, or a licensed nonprofit under Section 26070.5."52 Thus,there is at least some question regarding whether deliveries may be made from non-retail locations by retail employees. Under both the MMRSA and the AVMA, local jurisdictions can ban or regulate deliveries within their borders.53 However, local jurisdictions cannot prevent a delivery service from using public roads to simply pass through its jurisdiction from a licensed dispensary to a delivery location outside of its boundaries.54 III. Local Regulatory Options 55 The AVMA preserves the authority of a city to adopt business regulations and land use regulations for nonmedical marijuana activities.56 A. Personal Marijuana Cultivation Under the AUMA local governments can regulate or ban all personal, outdoor cultivation, until such time as the Attorney General determines that the use of nonmedical marijuana is lawful in the State of California under federal law. In addition, local governments can "reasonably regulate," but cannot ban, personal, indoor cultivation.Nothing in the AUMA requires a city to enact an ordinance or regulation by a certain date. However, assuming that the AUMA passes, if a city does not have a ban or regulatory scheme governing personal, outdoor cultivation or a regulatory scheme governing personal, indoor cultivation in place before November 9, 2016, a person may legally engage in personal cultivation of up to six marijuana plants at his or her private residence. so Bus.&Prof.Code§26090(a). 51 Bus.&Prof.Code§26090(b). 52 Bus.&Prof.Code§26090(a). 53 Bus.&Prof.Code§§ 19340(a), 19316(a),26200. 54 Bus.&Prof.Code§§ 19340(f),26080(b),26090(c). "For a thorough discussion of the various marijuana regulatory options that a city may consider,see McEwen, Medical Mar�uana-Revisited After New State Laws(Spring 2016)<http://www.cacities.org/Resources- Documents/Member-Engagement/Professional-Departments/C ity-Attorneys/Library/2016/Spring-2016/5-2016- Spring-Medical-Marijuana-%E2%80%93-Revisited-After>.In addition,sample ordinances may be found on the League's website,at:http://www.eacities.org/Policy-Advocacy/Hot-Issues/Medical-Marijuana. But note:the regulatory schemes discussed in the McEwen paper and posted on the League's website pertain to medical marijuana businesses under the MMRSA and may need to be modified to comply with the requirements of the AVMA. 5�Health&Saf. Code § 11362.2;Bus.&Prof.Code§§26201,26200(a). 7 B. Nonmedical Marijuana Businesses The AUMA recognizes a range of businesses, including dispensaries, cultivators, manufacturers, distributors, transporters, and testing laboratories. Cities may expressly ban, adopt business regulations, or adopt land use regulations pertaining to any or all of these businesses. Again, the AVMA does not require a city to enact a regulatory scheme or ban by a certain date. However, assuming that the AUMA passes in November, if a city wishes to regulate or ban marijuana businesses before marijuana businesses may legally operate within the city,the regulations or ban will need to take effect before the state begins issuing nonmedical marijuana business licenses. The League anticipates that cities have until January 1, 2018 to enact bans or regulations relating to nonmedical marijuana businesses, because: (1) nonmedical marijuana businesses cannot operate in any city without a state license;57 (2)the state licensing agencies in charge of implementing the AUMA have stated that they anticipate that they will not begin issuing licenses under the MMRSA until January 2018, and it is unlikely that said agencies will be able to begin issuing licenses under the AVMA before they begin issuing licenses under the MMRSA; and (3)the AUMA does not require state agencies to issue licenses until January 1, 2018.58 It is not the League's position that state licensing agencies cannot issue licenses before January 1, 2018,just that it is unlikely that they will do so. C. Caution Against Use of Permissive Zoning Under a permissive zoning code, any use not enumerated in the code is presumptively prohibited, unless an authorized city official finds that the proposed use is substantially the same in character and intensity as those land uses listed in the code.59 Although the MMRSA upheld a city's authority to rely on permissive zoning to prohibit medical marijuana land uses, it is unlikely that cities will succeed in arguing that nonmedical marijuana land uses are prohibited by permissive zoning under the AUMA. This is so because: (1)the statutory language in the AVMA regarding local control seems to anticipate that a city will adopt an ordinance explicitly prohibiting and/or regulating nonmedical marijuana businesses (rather than relying on the silence of its Code to argue for a prohibited use);60 (2)the AUMA does not contain the same protective language as the 5'Bus.&Prof.Code §26038. 58 Bus.&Prof.Code§ 26012(c). 59 See City of Corona v. Naulls(2008) 166 Cal.AppAth 418,433-436.See also County of Los Angeles v. Hill(2011) 192 Cal.AppAth 861, 871 [holding that"medical marijuana dispensaries and pharmacies are not`similarly situated' for public health and safety purposes"]; City of Monterey v. Carrnshimba(2013)215 Cal.AppAth 1068, 1091 [holding that a medical marijuana dispensary was not substantially similar to the listed commercial use classifications for personal services,retail sales,pharmacies and medical supplies]; County of Tulare v. Nunes (2013)215 Cal.App.4th 1188, 1205 [holding that a medical marijuana collective did not qualify as an"agricultural" land use because"marijuana is a controlled substance and is not treated as a mere crop or horticultural product under the law"]. 60 Bus.&Prof Code§26200 ["Nothing in this division shall be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division,including, but not limited to,local zoning and land use requirements,business license requirements,and requirements related 8 MMRSA with respect to permissive zoning;61 and (3)the AUMA explicitly designates nonmedical marijuana as an agricultural product—thus if a city's permissive zoning code authorizes agricultural uses,the city may be precluded from arguing that marijuana is prohibited.62 Therefore, cities that wish to ban all or some nonmedical marijuana activities should adopt express prohibitions, even if they operate under a permissive zoning code. IV. What actions need to be taken? At this time city officials should: (1)review the city's municipal code; (2) consider whether they wish to regulate the personal cultivation of nonmedical marijuana indoors; (3) consider whether they wish to regulate or ban the personal cultivation of nonmedical marijuana outdoors; (4) consider whether they wish to enact business regulations of nonmedical marijuana businesses; (5) consider whether they wish to enact land use regulations of nonmedical marijuana businesses; (6) consider whether they wish to enact local taxes on marijuana; and (7) comply with Proposition 218 if they decide to enact local taxes on marijuana. Cities should prioritize considering or enacting ordinances regulating personal nonmedical marijuana cultivation, because it will be legal under state law on November 9, 2016 if the AUMA passes, whereas nonmedical marijuana businesses will not be able to operate lawfully until the state licensing system becomes operational (likely in late 2017). Although cultivation for personal use will be legal as of November 9,2016 if the AUMA is approved by voters, local governments will not lose any regulatory authority if they do not have an ordinance in place addressing personal cultivation before the election. Locals will retain the ability to regulate personal cultivation and to enact related ordinances at any time after the election. The only change the AUMA will make in this area is to prohibit local bans of indoor cultivation for personal use. No ordinance enacted prior to the election can prevent this change in the law. to reducing exposure to second hand smoke,or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction."] (emphasis added). 61 Compare Health&Saf.Code § 11362.777(b)(3)[a"person or entity shall not submit an application for a state license. . . if the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation, or if medical marijuana is prohibited by the city,county,or city and county in which the cultivation is proposed to occur,either expressly or otherwise under principles of permissive zoning"] with Bus.&Prof Code§26205(e) ["Licensing authorities shall not approve an application for a state license under this division if approval of the state license will violate the provisions of any local ordinance or regulation adopted in accordance with Section 26200."]. 62 Bus.&Prof.Code§26067(a). 9 RESOLUTION NO. 07-2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AFFIRMING THE PROHIBITION OF MARIJUANA CULTIVATION AND SALE WHEREAS,Pursuant to California law,Health and Safety Code sections 11.357 and 11358, it is a criminal offense to possess or cultivate marijuana unless otherwise authorized by law; and WHEREAS, in 1996, California voters approved Proposition 215,Health and Safety Code sections 11362.5 et seq., which provides that individuals may obtain and use marijuana for personal medicinal purposes when recommended by a physician; and WHEREAS, in 2003, the California Legislature passed legislation to further regulate the usage and cultivation of medical marijuana; and WHEREAS, on October 9, 2015, Governor Brown signed the Medical Marijuana Regulation Act ("MMRSA", Assembly Bills 243, 266, and Senate Bill 643), effective January 1, 2016, which establishes a comprehensive State licensing and regulatory framework for the cultivation, delivery, and sale of medical marijuana; and WHEREAS,MMRSA provides that local agencies that wish to prohibit the cultivation of marijuana within their jurisdictions must explicitly prohibit such cultivation by March 1,2016, after which time cultivation will be allowed pursuant to State issued licenses; and WHEREAS,the Tiburon Municipal. Code, Chapter 16, constitutes a permissive zoning scheme,under which those uses that do not constitute a pennitted or conditionally permitted use are prohibited; and WHEREAS,the cultivation.of marijuana is not a permitted use within the Town's Zoning Code and is therefore prohibited; and WHEREAS, marijuana dispensaries are specifically prohibited by the Tiburon Zoning Code in Section 16-20-030; and WHEREAS,the sale of marijuana is not a pennitted use within the Town's Zoning Code and is therefore prohibited; and WHEREAS,the Town wishes to clarify and affirm the existing prohibition against the cultivation and sale of marijuana within its jurisdiction; and WHEREAS, the Town hereby affirms the prohibition against the cultivation of marijuana that exists in its Zoning Code; and WHEREAS, the Town also hereby arms the prohibition against the sale of marijuana that exists in its Zoning Code. Page 11 Tiburon ToIvn Council Resolittion No. 07-2016 0210312016 Ni. NOW,THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows.: L The cultivation of marijuana within the Town of Tiburon is prohibited; and. 2. Marijuana dispensaries and sale of marijuana within the Town of Tiburon are prohibited. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 3, 2016 by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Tollini ' JIM FRASR,'V QE`MAYOR TOWN OF TIBURON } ATTEST: D"CfPANF- OWN CLERK. Page 2 Tiburon Totivn Council Resolulion No. 07-2016 02/03/2016 "* Town Council Meeting TOWN OF TIBURON g • , h 1 1505 Tiburon.Boulevard January 18, 2017 Tiburon, CA 94920 Agenda Rein: Al — 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: 20 Town Council Committee Appointments J Reviewed By: BACKGROUND Members of the Town Council are appointed to serve on a variety of local and regional boards and committees and as Town representatives on a number of joint powers authorities. They also serve on ad hoc Town committees, formed for a limited duration of time, to study specific issues or projects in town. The Town Council reorganized at its December 7, 2016 regular meeting, appointing Jim Fraser as Mayor and Emmett O'Donnell to the Vice Mayor position. It is now timely for the Council to review its list of committee appointments and make any changes or new appointments. Attached as Exhibit 1, is an updated list of committee appointments. In regards to the Town Ad- Hoc Committees, Staff is recommending disbandment of three existing committees: the Dairy Knoll, Seasonal Rental and Yellow Bus Challenge Committees. In addition, Staff also requests the Council consider creating 2 additional ad-hoc committees. The first proposed committee would analyze the Town's ability to participate in shared services with other public entities in order to potentially realize cost savings for shared services. The committee would review services that could be combined with other public entities, meet as needed, and report back to the Council about any identified costs savings. The second proposed committee would review the Town's current policy regarding the formation of utility undergrounding assessment districts, and make recommendations for revisions for Council consideration. The list attached as Exhibit 1 reflects these recommendations, which if adopted by Council, will require the appointment of members to the new ad hoc committee on shared services. RECOMMENDATION Staff recommends that the Town Council consider any revised or new appointments for 2017. Exhibit: 2016 Council Committee Appointments,last updated on July 20,2016 Prepared By: Lea Stefani, Town Clerk TIBURON TOWN COUNCIL COMMITTEE APPOINTMENTS 2016 I. STATE & REGIONAL AGENCIES 1. ASSOCIATION OF BAY AREA GOVERNMENTS (General Assembly meets in April and October) Jim Fraser, Delegate Emmett O'Donnell, Alternate 2. COMMUNITY DEVELOPMENT BLOCK GRANT PRIORITY-SETTING COMMITTEE (CDBG) (Meets twice a year in Marin City and at Civic Center) Frank Doyle, Delegate Jim Fraser, Alternate 3. HOMELESS POLICY STEERING COMMITTEE (HPSC) (Under auspices of County Dept. of Health Human Services) Frank Doyle appointed Town representative to the "Homeless Policy Makers Committee" in Feb. 2014 —(a sub- committee chaired by San Rafael Councilmember Kate Colin comprised of policy makers from each city) 4. LEAGUE OF CALIFORNIA CITIES (Meets quarterly and at the Annual Conference in September; other events as published) Alice Fredericks • Voting Delegate for Town of Tiburon • North Bay Division Executive Committee • Transportation, Communication & Public Works State Policy Committee - (Appointment by League President) 5. MARIN CLEAN ENERGY BOARD OF DIRECTORS (Meets I" Thursday from 7-9 p.m. at 1 McGinnis Parkway, San Rafael) Emmett O'Donnell, Delegate Erin Tollini, Alternate 6. MARIN CLIMATE AND ENERGY PARTNERSHIP (ICLEI) Local Governments for Sustainability (Meets I" Thursday, San Rafael City Hall) Kyra O'Malley, Staff Liaison & voting board member 7. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS (Meetings scheduled as needed) Police Chief Michael Cronin, Delegate Retired Capt. David Hutton, volunteer Delegate Erin Tollini, Alternate Adopted on January 20, 2016; updated March 16, April 20, July 20, and December 7, 2016 Page I (?f'4 8. MARIN TELECOMMUNICATIONS AGENCY BOARD OF DIRECTORS (Meets 2"d Wednesday from 7-9 p.m., San Rafael City Hall) Jim Fraser, Delegate Frank Doyle, Alternate 9. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS (Meets monthly on 2nd Wednesday at 6:00 p.m. -Sausalito City Hall) Erin Tollini, Delegate Emmett O'Donnell, Alternate 10. TRANSPORTATION AUTHORITY OF MARIN BOARD OF COMMISSIONERS (Meets monthly on 4th Thursday at 7:30 p.m. -Board of Supervisors Chambers, Civic Center) [Boardmembers serve for 4-year terms, beginning May 1, 2008] Alice Fredericks, Boardmember [current term = May 1, 2016-2020] Erin Tollini, Alternate • Fredericks serves on the TAM Finance &Policy Committee • Fredericks is MCCMC liaison to TAM and reports monthly at MCCMC 11. TRANSPORTATION AUTHORITY OF MARIN (Safe Routes to School ad hoc subcommittee) Jim Fraser—Town Appointee (since January 2014) '1I. LOCAL AGENCIES/COMMITTEES 1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL (Meets bi-monthly on 2"d Tuesday from 4:00-5:30 p.m. in the Town Council Chambers) Jim Fraser, Town Council Representative 2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (The Ranch) (Meets bi-monthly on 3rd Monday in the Town Hall Community Room) Jim Fraser, Town Council Voting Member(a/o June 2012)—annual appointment 3. JOINT POWERS AUTHORITY TO REDUCE TRAFFIC (formed 3/16/16) [JPA members include Town of Tiburon, City of Belvedere, RUSD] Erin Tollini —Primary Director Jim Fraser—Primary Director III. TOWN AD HOC COMMITTEES - (in alphabetical order) (Meetings scheduled as needed) 1 AFFORDABLE HOUSING i. Jim Fraser ii. Erin Tollini 2 2016-2017 BUDGET i. Emmett O'Donnell Erin Tollini Adopted on January 20, 2016; updated March 16, April 20, July 20, and December 7, 2016 Page 2 of 4 3 CAPITAL PROJECT PRIORITY SETTING i. Alice Fredericks ii. Erin Tollini 4 DOWNTOWN PARKING i. Jim Fraser ii. Emmett O'Donnell 5 DOWNTOWN REVITALIZATION i. Jim Fraser ii. Frank Doyle 6 LEGISLATIVE ACTION (current Mayor/MCCMC Legislative Committee appointee) i. Erin Tollini ii. Alice Fredericks 7 LITIGATION i. Alice Fredericks ii. Jim Fraser 8 MARTHA PROPERTY APPLICATIONS i. Alice Fredericks ii. Jim Fraser 9 MCKEGNEY GREEN RENOVATION i. Emmett O'Donnell ii. Frank Doyle 10 PATHS & OPEN SPACE ACCESS i. Frank Doyle ii. Alice Fredericks 11 2017-2018 SHARED SERVICES COMMITTEE i. TBD ii. TBD 12 TIBURON BOULEVARD RELINQUISHMENT i. Emmett O'Donnell ii. Jim Fraser 13 UTILITY UNDERGROUNDING ASSESSMENT DISTRICT POLICY i. TBD ii. TBD V. MCCMC APPOINTMENTS • Nominated by MCCMC and appointed by Board of Supervisors Golden Gate Bridge,Highway & Transportation District Board of Directors Adopted on January 20, 2016; updated Manch 16, April 20, July 20, and December 7, 2016 Page 3 of 4 (Meets 2"d& 4'h Fridays at10 a.in., GGBHTD offices) Alice Fredericks [current term = 1/16— 1/18] Fredericks GGBHTD Committee Appointments: Building and Operating Committee; Finance Committee (Vice Chair); Strategic Financial Planning Committee; OPEB Committee (Vice Chair); Transportation Committee; Labor Relations Advisory Committee Fredericks is also District representative to the GGB/Amalgamated Transit Union Pension Board of Trustees • Town Appointments to MCCMC Committees 1. Legislative Committee [a Standing Committee per MCCMC Bylaws] (Meets4thdMonday at 8:00 a.m., San Rafael City Hall) Alice Fredericks (also serves as Chair) No alternate 2. JPA Oversight Ad Hoc Committee (Meetings scheduled as needed) Jim Fraser, delegate No alternate 3. Sea Level Rise—Ad Hoc Committee (August 19, 2015) (Meetings scheduled as needed) Alice Fredericks, delegate [Committee has been subsumed by Bay WAVE group*] Marin County Bay Waterfront Adaptations Vulnerability Evaluation *(Bay WAVE) Policy GrM Alice Fredericks' appointment affirmed,by Town Council on April 20, 2016 VI. TOWN APPOINTMENTS 1N OTHER AREAS OF INTEREST MarinMap Steering Committee (Meetings scheduled as needed) Pat Barnes Marin County Hazardous & Solid Waste JPA (Meets quarterly) Greg Chanis Adopted on January 20, 2016; updated March 16, April 20, July 20, and December 7, 2016 Page 4 of 4 TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard January 18, 2017 Tiburon,CA 94920 Agenda Item: STAFF PO . To: Mayor & Members of the Town Council From: Community Development Department Subject: Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code Related to Secondary (Accessory) Dwelling Units and Junior Accessory Dwelling Units and Adoption of Revised Standards for the Review of Accessory Dwelling Units and Junior Accessory Dwelling Units; Introduction of Ordinance for Zoning Text Ame dments; Adoption of Resolutions Revising Standards; File M 2016-06 Reviewed by: BACKGROUND The California state legislature passed three bills in 2016 substantially altering the regulatory framework for secondary (accessory) dwelling units and junior accessory dwelling units. All three bills were signed by the governor and are now in effect. Cities and counties throughout the state are amending their zoning ordinances in response to the new laws, which supersede any existing local ordinance that is inconsistent with them. The purpose of the state legislation was to provide opportunities for, and remove obstacles to, the creation of additional affordable housing units in California. LOCAL REGULATORY HISTORY Secondary Dwelling Units Prior to July 1, 2003, secondary dwelling unit applications in Tiburon were subject to a conditional use permit process. The Town approved 39 such units by conditional use permit between 1984 and 2003. Beginning in 2003, state law changed to require ministerial or non- discretionary review and approval of secondary dwelling units, subject to locally-adopted standards that maintained a modicum of local control. Tiburon has since approved eight secondary dwelling unit permits using the ministerial process. The new state laws further reduce local discretion over secondary dwelling units, which are now required to be called "accessory dwelling units" (ADU). They were previously referred to as "second units" in state language, and as "secondary dwelling units" in Town regulations, but are also commonly known as granny units, in-law units, or carriage houses. Such units are generally defined as independent, self-contained dwelling units, which may be attached or detached from a Town Council Meeting January 18,2017 primary unit, and may be constructed in single family residential zones and/or in multi-family residential zones subject to local discretion. ADU are strongly encouraged and facilitated by the State and are supported by the Town through General Plan policies. Junior Accessory Dwelling Units Junior accessory dwelling unit (JADU) permits are a recent phenomenon adopted by relatively few jurisdictions in California. Novato and Tiburon were at the forefront in Marin County, having implemented JADU permit processes in early 2015. To date, no applications for a JADU have been filed in Tiburon. Several elements of the new state laws are aimed at removing obstacles to creation of a JADU imposed by special districts and utility providers. Examples include requiring fire sprinklers throughout an entire residence when a JADU is created, requiring separate utility meters, and charging utility connection fees for a JADU. These practices will no longer be allowed in most instances. ANALYSIS Overview Assembly Bill 2299 and Senate Bill 1069 regarding accessory dwelling units were coordinated to contain nearly identical provisions in the event one or the other did not become law. Assembly Bill 2406 authorized adoption by local agencies of a permit process for junior accessory dwelling units and specified the regulatory scope of any such ordinance. Due to the complex and sometimes ambiguous nature of the legislation, consultation with the Town Attorney's office was required during the preparation of the proposed Town amendments. Accessory Dwelling Unit Regulations The new state laws require substantial revisions to the Town's zoning regulations governing accessory dwelling units, and a total re-write of the Town Council-adopted Standards used in the review of these applications. The Council should note that the Town is proposing adoption of these revised standards by "resolution", the method by which they were originally adopted in 2003. The state law suggests that the Standards be adopted by ordinance, which would then require a lengthy and cumbersome amendment process each time a change is made. Given the propensity of the state to frequently modify accessory dwelling unit laws, and the strong likelihood subsequent state legislation will be passed to clarify certain ambiguous provisions contained in the new state laws, Town staff believes adoption of the Standards by resolution is a superior approach and poses little risk provided the adopted Standards conform to the intent of the statute. Junior Accessory Dwelling- Unit Regulations Assembly Bill 2406 regarding JADUs was based on the same general model used to create the Town's ordinance in 2015, and relatively few changes are needed to the Town's zoning ordinance provisions. Modest revisions are required to the Standards used in the review of these applications. These revisions include clarified appeal provisions and a time limit for action on JADU applications. A process for sending "courtesy notices" of a pending JADU application to nearby property owners has also been added, although such notices are not required by state law and the decision on an application must be non-discretionary in nature. TO\Z'N OP TIBITRON Page 2 of 6 Town Council Meeting January 18,2017 Summary of Changes Related to New State Laws Below is a summary of the changes to local regulation resulting from the new state laws. Accessory Dwelling Units ➢ Units created after January 1, 2017 must be called Accessory Dwelling Units. ➢ The Town Attorney's office advises that no minimum lot size restriction can be imposed (the Town currently has a 10,000 sq. ft. lot size minimum). ➢ The most conservative reading of the statute appears to limit direct local regulation of ADU square footage below certain sizes (see additional discussion below), but allows for indirect local size regulation through discretionary permits (e.g., design review) in instances other than the simple conversion of existing floor space to an ADU. For example, where additions or new floor area are proposed to create an ADU, the Town may apply typical zoning parameters such as height limits, floor area ratio limits, lot coverage limits, minimum setbacks, and the general principles of site plan and architectural review to prevent or ameliorate unreasonable adverse effects that might be caused by construction of the additions. However, the Town would have limited ability to regulate the subsequent conversion of such floor space to an ADU once it is constructed. ➢ Owner occupancy of either the ADU or the primary unit can still be required by the Town. ➢ The Town may continue to prohibit rental of ADUs for periods of less than 30 consecutive days, in other words as "short term" rentals, specific to each permit. This would supplement the Town's existing general prohibition on short-term rentals. ➢ Local standards regulating the conversion of existing floor space in a single family home or an existing detached accessory building into an ADU are now narrowly circumscribed; for instance, no parking can be required for the ADU in such cases. ➢ Local agencies are now prohibited from imposing parking standards on any ADU that is: --Located within one-half mile of public transit (such as a transit bus stop or transit ferry terminal); --Located within an architecturally and historically significant district (this does not currently apply in Tiburon); --Located in part of an existing primary residence or in an existing detached accessory structure when no expansion of exterior walls is necessary; --Located in areas where parking permits are required but are not offered to the ADU occupant (this does not apply in Tiburon, where a resident within a designated permit parking area can apply for a resident sticker for their vehicle and owner permission is not required); --Located within one block of a car sharing vehicle (no such operations currently exist in Tiburon but could in the future). ➢ Many changes in the state law have implications for utility providers and special districts (fire, water, and sanitary). These are not necessarily reflected in the Town's proposed revisions, but will be screened by the applicable Town department for lawful application. These include: --ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. TowN OP TIBtTRON Page 3 o16 To«71ICouncil Meeting January 18,2017 --ADUs shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer. --For ADU created within an existing structure, a local agency shall not require the applicant to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge. --For ADU created through the addition of new floor area, a local agency may require a new or separate utility connection directly between the ADU and the utility. ADU Size Limitations As noted above, the most conservative reading of the statute appears to limit local discretion over size limits for accessory dwelling units, but there is considerable disagreement over this aspect of the state law. The State Department of Housing and Community Development (HCD)released a "guidance" document at year's end interpreting the statute in a manner such that it would allow local governments to impose a smaller maximum size requirement than ostensibly set forth in the statute, provided that the requirement is "not burdensome on the creation of ADU's". The HCD document describes a typical range of maximum sizes as being from "800 square feet to 1,200 square feet". The Town Attorney's office considers this a liberal interpretation of the statute,that could potentially expose the Town to risk of having its regulations invalidated and being subject to payment of legal and court fees (if a challenger prevails in court), but many communities in California are following the HCD guidance and limiting the size of units below the standards appearing in the statute. The HCD guidance document makes such limits more defensible if challenged, but it is not legally binding. If the Council is comfortable with this risk and considers slightly smaller maximum accessory dwelling unit sizes as a desirable standard for the Town of Tiburon, staff would recommend the Council consider the following comparison table. Statute Standard Current Town of Staff Recommended Town (Conservative Reading) Tiburon Standard of Tiburon Standard For ADU's involving new For ADU's involving new For AD U's involving new construction or additions: construction or additions: construction or additions: 50% of the existing living one-third of the maximum 50% of the existing living area, with a maximum increase floor area ratio guideline for area, with a maximum increase of 1,200 square feet. the property, or 1,000 square of 1,000 square feet. feet, whichever is less. For AD U's created from For AD U's created from For AD U's created from existing floorspace: 1,200 existing floorspace (and existing floorspace: 800 square feet. requiring no other square feet. discretionary permits or review): 500 square feet. TOWN O TIBC IRON Page 4 of 6 To«vn Council Meeting January 18,2017 Junior Accessory Dwelling Units As the state did not previously regulate JADUs, there is no basis to compare changes in state law. With respect to local regulation, the Town may continue to: ➢ Limit JADUs to a single-family dwelling located in a single-family zone. ➢ Require owner occupancy of the lot on which the JADU is located. However, exemptions now exist for lots owned by a governmental agency, a land trust, or a housing organization. ➢ Require the utilization of a pre-existing bedroom and require that the unit be located within the existing walls of the primary residence. ➢ Require that the existing residence complies with current parking standards (no new parking must be created or provided for the JADU itself). ➢ Require deed restrictions to be recorded that also bind future owners. ➢ Prohibit rental of JADUs for periods of less than 30 consecutive days. Specific Town Documents Requiring Amendment The Town documents requiring amendment are: 1. Various sections of the Zoning Ordinance (Municipal Code Chapter 16), including definitions, regulations governing secondary (accessory) dwelling units and junior accessory dwelling units, tables and other sections referencing secondary dwelling units (due to the required name change to "accessory dwelling unit"). A draft ordinance proposing these amendments is attached as Exhibit 1. 2. The Town Council resolutions establishing Standards for review and approval of accessory dwelling units and junior accessory dwelling units. Due to the nature of the new state laws, there will now be two sets of Standards for ADUs. The first will govern ADUs where new construction or additions are involved; the second will govern exclusive conversion of existing floor space. Draft resolutions setting forth the proposed amended Standards for use in reviewing ADU and JADU applications are attached as Exhibits 2 and 3. California Government Code sections setting forth the text of the new laws regarding accessory dwelling units and junior accessory dwelling units are attached as Exhibits 4 and 5, respectively. Redline documents depicting the extensive revisions proposed to existing Town zoning definitions, zoning regulations for ADU and JADU, and Standards are attached as Exhibits 6, 7, and 8, respectively. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission held a duly-noticed public hearing on December 13, 2016 and recommended adoption of the zoning text amendments and adoption of revised Standards to the Town Council. The Planning Commission resolutions are attached as Exhibits 9 and 10. Draft minutes of the Planning Commission meeting are attached as Exhibit 11. TOSV'N OF TIM IRON Page 5 of 6 Town Council Meeting January 18,2017 ENVIRONMENTAL DETERMINATION The proposed amendments to the zoning ordinance and to the accompanying Standards are statutorily exempt from further review under the California Environmental Quality Act(CEQA) pursuant to Section 15282, subsection (h) of the CEQA Guidelines. STAFF RECOMMENDATION 1. Hold a public hearing and consider all testimony. 2. Discuss the proposed regulations, including providing specific guidance to staff regarding maximum accessory dwelling unit sizes (see table on p. 4 of this report). 3. Pass a motion to read the ordinance by title only. Mayor will introduce the ordinance by reading its title only: "An Ordinance of the Town Council of the Town of Tiburon Amending Municipal Code Title IV, Chapter 16 (Zoning) by Making Various Text Amendments Related to Accessory Dwelling Units and Junior Accessory Dwelling Units", and waiving further reading. Move, second and pass the introduction by roll call vote. The item would return for adoption at the next regular Town Council meeting. 4. Move to adopt the two resolutions (Exhibits 2 and 3) setting forth revised Standards to be applied during the review of applications for Accessory Dwelling Unit and Junior Accessory Dwelling Unit. EXHIBITS 1. Draft Ordinance. 2. Draft Resolution adopting revised standards for accessory dwelling units. 3. Draft Resolution adopting revised standards for junior accessory dwelling units. 4. State law regulating accessory dwelling units. 5. State law regulating junior accessory dwelling units. 6. Redline document depicting amendments to definitions in the Municipal Code. 7. Redline document depicting amendments to zoning regulations and standards for accessory dwelling units. 8. Redline document depicting amendments to zoning regulations and standards for junior accessory dwelling units. 9. Planning Commission Resolution recommending adoption of zoning text amendments. 10. Planning Commission Resolution recommending adoption of revised standards for accessory dwelling units and junior accessory dwelling units. 11. Planning Commission minutes (draft) of public hearing held on December 13, 2016. Prepared by: Scott Anderson,Director of Community Development, To\vN of TIBURON Page 6 of 6 1 2 3 ORDINANCE NO. N. S. DRAFT 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 RELATED TO ACCESSORY (SECONDARY) 9 DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS 10 11 12 SECTION 1. FINDINGS. 13 14 A. On December 13, 2016, the Planning Commission adopted Resolution No. 2016-XX 15 recommending to the Town Council that various text amendments be made to Title IV, 16 Chapter 16 (Zoning) of the Tiburon Municipal Code. 17 18 B. The Town Council held a duly noticed public hearing on January 18, 2017 and has heard 19 and considered all public testimony on the proposed Ordinance. 20 21 C. The Town Council finds that all notices and procedures required by law attendant to the 22 adoption of this Ordinance have been followed. 23 24 D. The Town Council finds that the amendment actions made by this Ordinance are 25 necessary for the protection of the public health, safety, and welfare. 26 27 E. The Town Council has found that the amendments made by this Ordinance are consistent 28 with the goals and polices of the Tiburon General Plan and other adopted ordinances and 29 regulations of the Town of Tiburon, and further the intent and purposes of General Plan 30 goals and policies. 31 32 F. The Town Council finds that adoption of this ordinance is statutorily exempt from the 33 requirements of the California Environmental Quality Act(CEQA)pursuant to Section 34 15282 of the CEQA Guidelines. 35 36 37 SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. 38 39 Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code is amended as follows: 40 41 (A) Table 2-1 of Section 16-21.030 is amended such that the words "Secondary dwelling 42 unit" are replaced by the words "Accessory dwelling unit". 43 44 (B) Table 5-1 of Section 16-50.020 is amended such that the words "Secondary Dwelling 45 Unit Permit" are replaced by the words "Accessory Dwelling Unit Permit". 46 47 Tiburon Town Council Ordinance No. ---N. S. First Reading Draft--1--12017 1 3 1. 48 (C) Section 16-52.100 is amended in its entirety to read as follows: 49 50 16-52.100 - Accessory dwelling unit. 51 52 This section provides for the establishment and reasonable regulation of accessory 53 dwelling units in order to encourage housing opportunities for all segments of the 54 population while ensuring the public health, safety, and welfare. 55 A. Application and fee. Application for an accessory dwelling unit permit shall be 56 made in compliance with the provisions of division 16-50 (application filing and 57 processing) and shall be accompanied by the appropriate fee. 58 B. Director of community development as review authority. Applications for 59 accessory dwelling unit permit shall be acted upon by the director ministerially 60 without discretionary review or a public hearing. Said action shall occur no more 61 than 120 days following submission of the application. Courtesy notice shall be 62 provided to owners of property within one hundred feet of the subject property, 63 as set forth on equalized county tax assessment rolls, at least ten days prior to a 64 decision by the director. 65 C. Grant of accessory dwelling unit permit. 66 1. In order to grant an accessory dwelling unit permit for an accessory dwelling 67 unit created through construction of or additions to a detached accessory building 68 or by construction of or additions to a single-family dwelling, the director shall 69 find that the accessory dwelling unit would comply with all of the standards set 70 forth in the current Standards for such accessory dwelling units as adopted by 71 council resolution. 72 2. In order to grant an accessory dwelling unit permit for an accessory dwelling 73 unit created exclusively through conversion of existing floorspace in a primary 74 unit or a detached accessory building, the director shall find that the accessory 75 dwelling unit would comply with all of the standards set forth in the current 76 Standards for such accessory dwelling units as adopted by council resolution. 77 D. Building permits. A building permit shall be required in conjunction with the 78 issuance of an accessory dwelling unit permit if repair, rehabilitation, or other 79 work otherwise requiring a building permit is necessary. 80 E. Approved conditional use permits still valid. Any secondary dwelling unit legally 81 established with an approved conditional use permit prior to July 1, 2003 and in 82 continued existence shall be deemed a legal, conforming dwelling unit. 83 Secondary dwelling units established by any such conditional use permit shall 84 continue to comply with all conditions of the permit approval, and with zoning 85 requirements for secondary dwelling units in effect at the time of permit 86 approval. 87 F. Approved secondary dwelling units still valid. Any secondary dwelling unit 88 legally established with an approved secondary dwelling unit permit between 89 July 1, 2003 and January 1, 2017 and in continued existence shall be deemed a 90 legal, conforming dwelling unit. Secondary dwelling units established by any 91 such permit shall continue to comply with all zoning requirements for secondary 92 dwelling units in effect at the time of permit approval. Tiburon Town Council Ordinance No. ---N. S. First Reading Draft--1--12017 2 93 G. Premises identification. Any Town-assigned street address number for the 94 accessory dwelling unit shall be plainly visible and legible from the street 95 fronting the property as required by the applicable building code. 96 H. Expiration. Accessory dwelling unit permits issued in compliance with this 97 section shall expire and become null and void three years after issuance unless a 98 certificate of occupancy has been issued by the building division. 99 I. Revocation. Upon written notice to the holder of an accessory dwelling unit 100 permit or a secondary dwelling unit permit, and a hearing before the director, the 101 director may revoke or modify any accessory dwelling unit permit or secondary 102 dwelling unit permit on any one or more of the following grounds: 103 1. That the approval was based on false information submitted by the applicant; 104 2. That the use for which such approval was granted has ceased to exist or has 105 been suspended for one year or more; or 106 3. That the permit granted is being or recently has been exercised contrary to the 107 terms or conditions of such approval, or in violation of any statute, ordinance, 108 law or regulation. 109 J. Periodic update. The director shall maintain a record of all legal accessory 110 dwelling units and all legal secondary dwelling units and shall review and update 111 the record every two years. 112 K. Reporting of violations. All reporting of accessory dwelling unit permit or 113 secondary dwelling unit permit violations shall be submitted in writing to the 114 director. The director shall notify the owner of record of the property that a 115 complaint has been registered, within ten calendar days from receipt of any such 116 complaint. The director shall investigate and issue a written report to the 117 complainant within thirty days from the date of the issuance of the notice 118 outlining the current status of any alleged violation and the steps that have been 119 requested of the owner of record to remedy the situation. 120 L. Violations considered an infraction. Violations of this section shall be punished 121 as infractions or by administrative citation, in the discretion of the director and 122 shall be subject to the provisions of section 16-56.030 (violations and penalties) 123 and/or chapter 31 (enforcement of code). This subsection also applies to 124 violations of conditions of approval or requirements of operation issued in 125 association with any accessory dwelling unit permit or secondary dwelling unit 126 permit. 127 M. Violations—Additional remedies—Injunctions. As an additional remedy, the 128 existence and/or maintenance of any accessory dwelling unit or secondary 129 dwelling unit in violation of any provisions herein, or of any conditions of 130 approval or requirements of operation placed thereon, shall be cause for 131 revocation and shall be deemed and is declared to be a public nuisance and may 132 be subject to summary abatement (i.e., including, without limitation, 133 administrative abatement in compliance with chapter 31 [enforcement of code]), 134 and/or restrained and enjoined by a court of competent jurisdiction. In the event 135 legal action is instituted to abate said violation, the town shall be entitled to 136 recover its costs and reasonable attorney's fees incurred in prosecuting said 137 action. 138 N. Appeals. The decision of the director granting or denying an accessory dwelling Tiburon Town Council Ordinance No. ---N. S. First Reading Draft--1--12017 / 3 c 139 unit permit is a ministerial decision as required by state law, and not subject to a 140 public hearing. Any appeal of the decision shall constitute an administrative 141 review of the objective standards and criteria established by the Town for 142 accessory dwelling units. Any such appeal must be filed within ten calendar 143 days of the date of decision and shall be heard by the Town Council. The appeal 144 shall be heard in a timely manner. 145 O. Density. Pursuant to California Government Code Section 68552.2, no accessory 146 dwelling unit approved under these provisions shall be considered in calculating 147 the density of the lot allowed by the land use designation contained in the land 148 use element of the Tiburon General Plan, and accessory dwelling units are 149 deemed a residential use that is consistent with the existing general plan and 150 zoning for the lot. 151 152 (D) Section 16-52.105 is amended in its entirety to read as follows: 153 154 16-52.105 Junior accessory dwelling unit. 155 156 This section provides for the establishment and reasonable regulation of junior accessory 157 dwelling units in order to encourage housing opportunities for all segments of the 158 population while ensuring the public health, safety and welfare. 159 A. Zoning permit required. No junior accessory dwelling unit shall be established or 160 used unless a junior accessory dwelling unit permit has been issued by the town. 161 B. Application and fee. Application for a junior accessory dwelling unit permit shall 162 be made in compliance with the provisions of division 16-50 (application filing 163 and processing) and shall be accompanied by the appropriate filing fee. 164 C. Director of community development as review authority. Applications for junior 165 accessory dwelling unit permit shall be acted upon by the director without 166 discretionary review or a public hearing. Said action shall occur no more than 120 167 days following submission of the application. Courtesy notice shall be provided 168 to owners of property within one hundred feet of the subject property, as set forth 169 on equalized county tax assessment rolls, at least ten days prior to a decision by 170 the director. 171 D. Grant of junior accessory dwelling unit permit. In order to grant a junior 172 accessory dwelling unit permit, the director shall find that the proposed unit would 173 comply with this section and with the current Standards for Junior Accessory 174 Dwelling Units as adopted by council resolution. 175 E. Building permits. A building permit and a certificate of occupancy shall be 176 required in conjunction with the installation of a junior accessory dwelling unit. 177 Any repair, rehabilitation, or other work associated with the installation of the 178 junior accessory dwelling unit shall also obtain building permits where required 179 by law. 180 F. Premises identification. Any Town-assigned street address number for the junior 181 accessory dwelling unit shall be plainly visible and legible from the street fronting 182 the property as required by the applicable building code. 183 G. Expiration. Junior accessory dwelling unit permits issued in compliance with this Tiburon Town Council Ordinance No. ---N. S. First Reading Draft 4--/2017 4 184 section shall expire and become null and void three years after issuance unless a 185 certificate of occupancy has been issued by the building division. 186 H. Revocation. Upon written notice to the holder of a junior accessory dwelling unit 187 permit and a hearing before the director, the director may revoke or modify any 188 such permit, on any one of the following grounds: 189 1. That the approval was based on false information submitted by the applicant. 190 2. That the use for which such approval was granted has ceased to exist or has 191 been suspended for one year or more. 192 3. That the permit granted is being or recently has been exercised contrary to 193 the terms or conditions of such approval, or in violation of any statute, 194 ordinance, law or regulation. 195 4. For other good cause. 196 I. Periodic update. The director shall maintain a record of all authorized junior 197 accessory dwelling units and shall review and update the record every two years. 198 At the review, the owner of record shall verify in writing under penalty of perjury 199 that the junior accessory dwelling unit is in compliance with the standards for 200 junior accessory dwelling units and with all operating requirements of the permit 201 as set forth in applicable ordinances and regulations. 202 J. Reporting of violations. All reporting of junior accessory dwelling unit violations 203 shall be submitted in writing to the director. The director shall notify the owner of 204 record of the property that a complaint has been registered within ten calendar 205 days from receipt of any such complaint. The director shall investigate and issue a 206 written report to the complainant within thirty days from the date of the issuance 207 of the notice outlining the current status of any alleged violation and the steps that 208 have been requested of the owner of record to remedy the situation. 209 K. Violations considered an infraction. Violations of this section shall be punished as 210 infractions or by administrative citation, in the discretion of the director and shall 211 be subject to the provisions of section 16-56.030 (violations and penalties) and/or 212 Municipal Code chapter 31 (enforcement of code). This subsection also applies to 213 violations of requirements of operation issued in association with any junior 214 accessory dwelling unit approval. 215 L. Violations—Additional remedies—Injunctions. As an additional remedy, the 216 existence and/or maintenance of any junior accessory dwelling unit in violation of 217 any provisions herein, or of any requirements of operation placed thereon, shall be 218 cause for revocation and shall be deemed and is declared to be a public nuisance 219 and may be subject to summary abatement (i.e., including, without limitation, 220 administrative abatement in compliance with Municipal Code chapter 31), and/or 221 restrained and enjoined by a court of competent jurisdiction. In the event legal 222 action is instituted to abate said violation, the town shall be entitled to recover its 223 costs and reasonable attorney's fees incurred in prosecuting said action. 224 M. Appeals. The decision of the director granting or denying a junior accessory 225 dwelling unit permit is a ministerial decision as required by state law, and not 226 subject to a public hearing. Any appeal of the decision shall constitute an 227 administrative review of the objective standards and criteria established by the 228 Town for junior accessory dwelling units. Any such appeal must be filed within 229 ten calendar days of the date of decision and shall be heard by the Town Council. Tiburon Town Council Ordinance No. ---N. S. First Reading Draft 4--/2017 5 230 The appeal shall be heard in a timely manner. 231 232 (E) Section 16-54.020 is amended to read as follows: 233 234 A Site Plan and Architectural Review approval, Variance, Conditional Use Permit, 235 Condominium Use Permit, Accessory Dwelling Unit, Junior Accessory Dwelling Unit, or 236 Tidelands Permit, shall become effective on the 11 th day following the date of 237 application approval by the review authority, provided that the appeal period has ended 238 and no timely appeal has been filed in compliance with Section 16-66 (Appeals). For 239 Site Plan and Architectural Review applications for Minor Alteration projects, the 240 approval shall become effective on the sixth business day following the date of 241 application approval by the Director, provided that the appeal period has ended and no 242 timely appeal has been filed in compliance with Section 16-66 (Appeals). A Precise 243 Development Plan approval shall become effective on the 31St day following date of 244 application approval by the Town Council. 245 246 (F) Section 16-54.040 is amended to read as follows: 247 248 After the denial of an application for, or the revocation of, a Site Plan and Architectural 249 Review approval, Variance, Conditional Use Permit, Condominium Use Permit, 250 Accessory Dwelling Unit, Junior Accessory Dwelling Unit, or Tidelands Permit, no 251 application for the approval of the same or a substantially similar project on the same site 252 shall be considered by the Review Authority within one year after the date of its action on 253 the original application, unless it is established that there has been a substantial change in 254 the circumstances under consideration in the original proceedings, or that the denial was 255 made without prejudice. 256 (G) Section 16-100.020(A) is amended by adding the definition of"accessory dwelling unit" 257 to read as follows: 258 259 "Accessory dwelling unit". An attached or a detached residential dwelling unit 260 which provides independent living facilities for one or more persons. It shall 261 include permanent provisions for living, eating, sleeping, cooking, and sanitation 262 on the same parcel as the single-family dwelling is situated. An accessory 263 dwelling unit also includes an efficiency unit as defined in Section 17958.1 of the 264 Health and Safety Code, and a manufactured home as defined in Section 18007 of 265 the Health and Safety Code. (See also "Secondary dwelling unit"). 266 For the purposes of Section 16-52.100, the following defined terms are used in 267 association with an accessory dwelling unit: 268 1. "Attached accessory dwelling unit" means an accessory dwelling unit that 269 shares a common wall with the primary unit, either by being constructed as 270 a physical expansion (i.e., addition) of a primary unit, conversion of an 271 existing garage attached to a primary unit, or installation of a new 272 basement underneath an existing primary unit. 273 Tiburon Town Council Ordinance No. ---N. S. First Reading Draft--1--12017 6 274 2. "Detached accessory dwelling unit"means an accessory dwelling unit that 275 is constructed as a separate structure from the primary unit, or is created 276 through conversion (full or partial) of an existing lawfully-constructed 277 detached accessory building into an accessory dwelling unit. 278 279 3. "Floorspace" means the gross floor area as measured to the outside surface 280 of exterior walls, including its living area. 281 282 4. "Living area" means the interior habitable area of a dwelling unit including 283 the basement and attics but not including a garage or any accessory 284 building or structure. 285 286 5. "Primary unit" means the building (or portion of the building in cases of an 287 attached accessory dwelling unit) in which the principal residential use of 288 the lot takes place. An accessory dwelling unit cannot constitute the 289 primary unit. 290 291 6. "Public transit" means a signed and designated bus stop, train stop, ferry 292 terminal or other public transit station. 293 294 7. "Passageway" means a pathway that is unobstructed clear to the sky and 295 extends from a street to one entrance of the accessory dwelling unit. 296 297 (H) Section 16-100.020(A) is amended such that the definition of"accessory building or 298 structure" reads as follows: 299 300 "Accessory building or structure". A building or structure that is subordinate to 301 the main building on the same site, or the use of which is incidental to the use of 302 the site or the use of the main building on the site. A building that shares a 303 common wall with a main building shall be deemed a part of the main building. 304 (I) Section 16-100.020(A) is amended such that the definition of"accessory use"reads as 305 follows: 306 307 "Accessory use". A use customarily incidental, related, and subordinate to the 308 principal legal use of the parcel or lot and located on the same. 309 (J) Section 16-100.020(J) is amended such that the definition of"junior accessory dwelling 310 unit"reads as follows: 311 312 "Junior accessory dwelling unit". A unit that is no more than 500 square feet in 313 size and contained entirely within an existing single-family structure. A junior 314 accessory dwelling unit may include separate sanitation facilities, or may share 315 sanitation facilities with the existing structure. 316 317 (K) Section 16-100.020(S) is amended such that the definition of"secondary dwelling unit" Tiburon Town Council Ordinance No. ---N. S. First Reading Draft 4--/2017 7 318 reads as follows: 319 320 "Secondary dwelling unit'. The predecessor to an accessory dwelling unit under 321 local zoning laws. Secondary dwelling unit permits were issued under local 322 zoning laws in effect after February 3, 1984 and prior to January 1, 2017. 323 324 (L) Section 16-100.020(L) is amended to delete the definition of"Legal non-conforming 325 secondary dwelling unit'. 326 327 328 SECTION 3. SEVERABILITY. 329 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this 330 Ordinance, or its application to any person or circumstance, is for any reason held to be invalid 331 or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability 332 of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of 333 this Ordinance, or its application to any other person or circumstance. The Town Council of the 334 Town of Tiburon hereby declares that it would have adopted each section, subsection, 335 subdivision,paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or 336 more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof 337 be declared invalid or unenforceable. 338 339 SECTION 4. PUBLICATION AND EFFECTIVE DATE. 340 341 This ordinance shall be in full force and effect thirty (30) days after the date of adoption. 342 Pursuant to the provisions of the California Government Code, a summary of this ordinance shall 343 be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at 344 which adoption of the ordinance is scheduled, the Town Clerk shall (1)publish the summary in a 345 newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town 346 Clerk a certified copy of this ordinance. Within fifteen(15) days after the adoption of this 347 ordinance, the Town Clerk shall (1)publish the summary in a newspaper of general circulation in 348 the Town of Tiburon, and (2)post in the office of the Town Clerk a certified copy of the 349 ordinance along with the names of those Council members voting for and against the ordinance. 350 351 This ordinance was read and introduced at a regular meeting of the Town Council of the 352 Town of Tiburon, held on , 2017, and was adopted at a regular meeting of the 353 Town Council of the Town of Tiburon, held on , 2017, by the following 354 vote: 355 356 357 AYES: COUNCILMEMBERS: 358 359 NAYS: COUNCILMEMBERS: 360 361 ABSENT: COUNCILMEMBERS: 362 Tiburon Town Council Ordinance No. ---N. S. First Reading Draft--1--12017 8 363 364 365 366 367 JIM FRASER, MAYOR 368 TOWN OF TIBURON 369 370 ATTEST: 371 372 373 374 375 LEA STEFANI, TOWN CLERK Tiburon Town Council Ordinance No. ---N. S. First Reading Draft 4--12017 9 RESOLUTION NO. XX-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING REVISED "STANDARDS FOR ACCESSORY DWELLING UNITS" WHEREAS, in 2003, in response to state law requirements, the Town Council adopted standards ("Standards") to be applied in the ministerial review of secondary(accessory) dwelling units; said standards were subsequently amended in May 2005 by adoption of Resolution No. 05- 2005 and in July 2010 by adoption of Resolution 39-2010; and WHEREAS, the Standards require amendment following the passage of Assembly Bill 2299 and Senate Bill 1069 in 2016 and their subsequent codification in California statutes as section 65852.2 of the Government Code; and WHEREAS, in December 2016 Town staff prepared a draft document setting forth draft revised Standards for accessory dwelling units in response to the state legislation; and WHEREAS, the Planning Commission has reviewed and recommended adoption of the draft revised Standards following a public hearing held on December 13, 2016, through passage of Resolution No. 2016-21; and WHEREAS, the Town Council has considered the recommendation of the Planning Commission and all public testimony and correspondence, and has considered the draft revised Standards at a public meeting held on January 18, 2017; and WHEREAS, the Town Council finds that the draft revised Standards are consistent with the goals, policies, and programs of the Tiburon General Plan, specifically with Housing Element Policy H-D9 and Program H-ee; and WHEREAS, the Town Council finds that adoption of the revised Standards is statutorily exempt from the requirements of the California Environmental Quality Act(CEQA)pursuant to Section 21080.17 of the Public Resources Code and Sections 15282(h), 15301, 15305, and 15061(b)(3) of the CEQA Guidelines. NOW, THEREFORE BE IT RESOLVED that the Town Council hereby adopts the revised Standards, to be entitled"Standards for 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 , 2017, by the following vote: Tiburon Town Council Resolution No.XX-2017 --1--/2017 Page 1 of 6 AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR ATTEST: LEA STEFANI, TOWN CLERK Attachment: Exhibit A; Standards for Accessory Dwelling Units Tiburon Town Council Resolution No.XX-2017 --1--/2017 Page 2 of 6 EXHIBIT A Standards for Accessory Dwelling Units TYPE 1: When created through construction of or additions to a detached accessory building or by construction of or additions to a single-family dwelling 1. Zones. The proposed unit would be located on a lot that contains a single family dwelling located in one of the following residential zones: R-1, R-1-13, RO, or RPD, and cannot be located on a lot that contains more than one unit. 2. One per lot. The proposed unit would be the only Accessory Dwelling Unit on the lot and there would be no Junior Accessory Dwelling Unit on the lot. 3. Rental. The Accessory Dwelling Unit may be rented but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. 4. Owner occupancy. One of the dwelling units on the site shall be owner-occupied. For purposes of this standard, "ownership" is defined as a majority (i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 5. Location on lot. The Accessory Dwelling Unit shall either be attached to the existing dwelling or located within the Living Area of the existing dwelling, or shall be detached from the existing dwelling and located on the same lot as the existing dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building a minimum of three feet. 6. Zoning Development Standards. The proposed unit shall comply with development standards for the underlying zone in which it is located, specifically standards for lot coverage, setback, height, and floor area ratio, except as explicitly set forth herein. 7. Separate Kitchen and Bathroom. The proposed Accessory Dwelling Unit shall contain a separate kitchen and bathroom; both the Primary Unit and the Accessory Dwelling Unit shall comply at a minimum with all requirements of the current residential code; and the Accessory Dwelling Unit shall comply with the building code at the time it was constructed. 8. Size. The increased floor area of an Attached Accessory Dwelling Unit shall not exceed 50 percent of the existing Living Area, with a maximum allowable increase in floor area of 1,000 square feet. The total area of floorspace for a newly-constructed Detached Accessory Dwelling Unit shall not exceed 1,000 square feet. 9. Passageway. No Passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit. 10. Setback Exceptions. No setback shall be required for a lawfully-constructed garage in existence prior to January 1, 2017 that is converted to an Accessory Dwelling Unit, and a setback of no more than five (5) feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage. 11. Parking. The application shall comply with parking provisions of Tiburon Municipal Code Chapter 16, including parking setback limitations, except as may be set forth below: Tiburon Town Council Resolution No.XX-2017 4-12017 Page 3 of 6 A. One on-site parking space shall be required for each bedroom of the proposed Accessory Dwelling Unit in addition to those required for the Primary Unit. No Accessory Dwelling Unit shall be deemed to have less than one bedroom. B. Required parking for the Accessory Dwelling Unit may be uncovered. C. Off-street parking for an Accessory Dwelling Unit may be in tandem with parking for the Primary Unit or may be allowed in the front setback, unless specific findings are made that such is not feasible based on specific site topographical or fire and life safety conditions. All parking spaces shall be on an Improved Parking Surface. D. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit, and the Town requires that those parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to, as covered spaces, uncovered spaces, or by the use of mechanical automobile parking lifts. E. Subsections A through D of this Standard 11 shall not apply to a unit described in subsection 11 F below. F. On-site parking is not required for an Accessory Dwelling Unit in any of the following circumstances: (1) The unit is located within one-half mile of Public Transit. (2) The unit is located within an architecturally and historically significant historic district. (3) The unit is part of the existing Primary Unit or an existing Accessory Building. (4) When on-street parking permits are required but not offered to the occupant of the unit. (5) When there is a car share vehicle located within one block of the unit. 12. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the following architectural review standards: A. Architectural Style and Form. Architectural style and building form shall match the style and form of the Primary Unit. B. Architectural Details. Architectural details, including but not limited to windows, roof pitch, and trim shall match the Primary Unit. C. Color and Materials. The color and materials of the Accessory Dwelling Unit shall match the Primary Unit. D. Lighting. Lighting shall be shielded and/or directed so that it does not produce glare visible from off-site or illuminate onto adjacent or nearby property. E. Privacy. Windows shall be located to avoid line of sight to windows of adjacent or nearby property. Obscured glass and other techniques may be used to address line-of-sight issues. 13. Landscaping. Landscaping, including trees and shrubs, would be installed and maintained as part of the project to minimize the visual impacts of the project, including the screening of parking areas; to provide shade; and to provide a visual buffer between the Accessory Dwelling Unit and its surroundings. Proposed trees would comply with >__ Tiburon Town Council Resolution No.XX-2017 --1--/2017 Page 4 of 6 provisions of Chapter 15A of the Tiburon Municipal Code. Any tree over 30 inches in circumference, removed in conjunction with the construction of an Accessory Dwelling Unit, shall be replaced by a 24 inch box tree in the general area from which it was removed. 14. Feasibility Inspection. Unless the project constitutes new construction, a building inspection shall be performed by the Town's Building Division at applicant's cost, and a report establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the Director of Community Development prior to approval of an Accessory Dwelling Unit permit. 15. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit would be available. If the lot is connected to the public sewer system, the applicant has submitted a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant has submitted a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit. 16. The Accessory Dwelling Unit would comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. 17. The Accessory Dwelling Unit would comply with all applicable Water District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. NOTE: Bold and italics indicates a term defined in Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. Tiburon Town Council Resolution No.XX-2017 --/--/2017 Page 5 of 6 TYPE 2: When created exclusively through conversion of existing floorspace in a single-family dwelling or a detached accessory building 1. The unit shall be located in a single-family zone and shall not exceed 800 square feet in floor area. 2. The unit shall be created within an existing legal structure (a single-family dwelling or a Detached Accessory Building appurtenant to a single-family dwelling). 3 The unit shall provide independent exterior access from the Primary Unit. 4. The unit has sufficient setbacks to meet fire safety requirements. 5. There shall be no more than one Accessory Dwelling Unit on the lot. 6. Rental. The unit may be rented but may not be rented for a period less than 30 consecutive days or used as a Vacation Rental. 7. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit or the Accessory Dwelling Unit) shall be owner-occupied. For purposes of this standard, "ownership" is defined as a majority (i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 8. Feasibility Inspection. A building inspection shall be performed by the Town's Building Division at applicant's cost, and a memo establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the Director of Community Development prior to approval of a permit. NOTE: Bold and italics indicates a term defined in Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. Tiburon Town Council Resolution No.XX-2017 4--/2017 Page 6 of 6 RESOLUTION NO. XX-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING REVISED "STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS" WHEREAS, on February 18, 2015, the Town Council adopted Resolution 07-2015 setting forth standards for junior accessory dwelling units ("Standards")to be used in the review of applications for junior accessory dwelling unit permit submitted pursuant to Title IV, Chapter 16, Section 16-52.105 of the Tiburon Municipal Code; and WHEREAS, the Standards require amendment following the passage of Assembly Bill 2406 in 2016 and its subsequent codification in California statutes as section 65852.22 of the Government Code; and WHEREAS, in December 2016 Town staff prepared a draft document setting forth draft revised Standards in response to the state legislation; and WHEREAS, the Planning Commission has reviewed and recommended adoption of the draft revised Standards following a public hearing held on December 13, 2016, through passage of Resolution No. 2016-21; and WHEREAS, the Town Council has considered the recommendation of the Planning Commission and all public testimony and correspondence, and has considered the draft revised Standards at a public meeting held on January 18, 2017; and WHEREAS, the Town Council finds that the draft revised Standards are consistent with the goals, policies, and programs of the Tiburon General Plan, specifically with Housing Element Program H-ff, and WHEREAS,the Town Council finds that adoption of the revised Standards is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Sections 15282(h), 15301, 15305, and 15061(b)(3) of the CEQA Guidelines. NOW, THEREFORE BE IT RESOLVED that the Town Council hereby adopts the revised Standards, to be entitled"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 , 2017, by the following vote: Tiburon Town Council Resolution No.XX-2017 --1--/2017 Page 1 of 4 ' r-r [ATE. AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR ATTEST: LEA STEFANI, TOWN CLERK Attachments: Exhibit A; Standards for Junior Accessory Dwelling Units r� Tiburon Town Council Resolution No.XX-2017 --1--/2017 Page 2 of 4 EXHIBIT A Standards for Junior Accessory Dwelling Units 1. The proposed junior accessory dwelling unit would be located in a single-family residential zone, including the R-1, R-1-B, RO, or RPD zones. 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 or accessory 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. Owner occupancy of one of the dwelling units on the site (either the primary residence or the junior accessory dwelling unit) is required, unless the owner is a governmental agency, a land trust, or a housing organization. For purposes of this standard, ownership is defined as a majority(i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 5. 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 include the utilization of a pre-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. A second interior doorway separation may be provided for sound attenuation purposes. 8. The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: a. A sink with a maximum waste line diameter of one-and-a-half(1.5) inches. b. A cooking facility with appliances that do not require electrical service greater than one hundred-twenty(120) volts. Gas appliances are not permitted. C. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. 9. The junior accessory dwelling unit would be located on a lot where the primary residence complies with current parking standards for a single-family dwelling. 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 junior accessory dwelling unit to the primary residence. 11. The junior accessory dwelling unit shall comply with applicable requirements of the fire protection district serving the lot, subject to the provisions of Government Code Section 65852.22(d) or successor sections thereto. !C7 x ; Tiburon Town Council Resolution No.XX-2017 --1--/2017 Page 3 of 4 12. The junior accessory dwelling unit shall comply with applicable requirements of the public water agency serving the lot, subject to the provisions of Government Code Section 65852.22(e) or successor sections thereto. 13. The junior accessory dwelling unit may be rented but shall not be rented for less than thirty(30) consecutive days. 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 residence, and shall not be rented for less than thirty (30) consecutive days. b. The junior accessory dwelling unit shall not exceed five-hundred (5 00) square feet in floor area, shall not be smaller than allowed by applicable building regulations, and shall be entirely contained within an existing single-family structure. c. The junior accessory dwelling unit shall be considered legal only so long as it or the single-family dwelling in which it is located is owner-occupied, unless the owner is a governmental agency, a land trust or a housing organization. Ownership is defined as a majority(i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 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. r-xl, 3 Tiburon Town Council Resolution No.XX-2017 --1--/2017 Page 4 of 4 A 0 U S+At CHAPTERED CHANGES IN ACCESSORY UNIT PROVISIONS 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-family and multifamily residential zones. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use and contains an existing, single- family dwelling. (iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. 990052\1\1 967l 53.1 9/28/2016 (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (1) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. (11) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. (III) This clause shall not apply to a unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d). (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and 990052\1\1 967153A 9/28/2016 shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner- occupant or that the property be used for rentals of terms longer than 30 days. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall 990052\1\1967153.1 9/28/2016 not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. 990052\1\1 967 153.1 [ 9/28/2016 % `` ! (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: (1) "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (5) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 0) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. 990052\1\1 967153.1 9/28/2016 Bill Text - AB-2406 Housing: for accessory dwelling units. Page 1 of 2 I.F;(rfS1,A'I'1VE INI'ORM ATION AB-2406 Housing:junior accessory dwelling units. (2015-2016) Assembly Bill No. 2406 3 CHAPTER 755 An act to add Section 65852.22 to the Government Code, relating to housing, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor September 28, 2016. Filed with Secretary of State September 28, 2016. I LEGISLATIVE COUNSEL'S DIGEST AB 2406,Thurmond. Housing: junior accessory dwelling units. The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential areas, as prescribed. This bill would, in addition, authorize a local agency to provide by ordinance for the creation of junior accessory dwelling units, as defined, in single-family residential zones. The bill would require the ordinance to include, among other things, standards for the creation of a junior accessory dwelling unit, required deed restrictions, and occupancy requirements. The bill would prohibit an ordinance from requiring, as a condition of granting a permit for a junior accessory dwelling unit, additional parking requirements. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3 Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65852.22 is added to the Government Code, immediately following Section 65852.2, to read: 65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot. (2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (A)A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2406 11/30/2016 Bill Text - AB-2406 Housing:, Dior accessory dwelling units. Page 2 of 2 (B)A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom. 3 (5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all 3 of the following: (A)A sink with a maximum waste line diameter of 1.5 inches. (B)A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas. (C)A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (b) (1)An ordinance shall not require additional parking as a condition to grant a permit. (2)This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable building standards. j (c)An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f)This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) For purposes of this section,the following terms have the following meanings: (1)"Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2)"Local agency"means a city, county, or city and county, whether general law or chartered. SEC. 2.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to allow local jurisdictions the ability to promulgate ordinances that create secure income for homeowners and secure housing for renters, at the earliest possible time, it is necessary for this act to take effect immediately. http://Ieginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill id=201520160AB2406 11/30/2016 Zoning Ordinance Changes to Definitions (Article X)—Redline Version Definition to be Added "Accessory dwelling unit". An attached or a detached residentialadditi0ftal dwelling unit_OR single family lot which provides independent living facilities for one or more persons. than thfee per-sons, and whieh has kitehep,�eooking, sleeping aBd sa-nitation facilities on the saffle + as the Prifflafy •+ is Situated. See CO etnr 16 52.100 (JtVV1daf y dwelling„unit)-.Lt shall include permanent provisions for living eating sleeping cooking and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home as defined in Section 18007 of the Health and Safety Code. (See also "Secondary dwelling unit"). "Se^^ dwelling unit". The following defined termsitions are used in association withfor accessoryseee y dwelling units: 1. Attached accessorysecondafy dwelling unit. An accessory seeendafy dwelling unit that shares a common wall with the primary unit, either by being constructed as a physical expansion (i.e., addition) of a primary unit conversion of an existing garage attached to a primary unit or installation of a new basement underneath an existing_ rp imary unit.- 2. Legal noneetifer-ming o nd , dwelling unit_ n nd NJ, dwelling it that euFfentiy does not eenfofm to the fegulations for-the zone in whieh it is situated but Detached accessory dwelling unit. An accessory dwelling unit that is constructed as a separate structure from the primary unit, or is created through conversion (full or partial) of an existing lawfully-constructed detached accessory building into an accessory dwelling unit. 4 Floorspace The gross floor area of a detached accessory dwelling unit as measured to the outside surface of exterior walls, including its living area. 5 Interior accessory dwelling unit. An accessory dwelling unit that is lawfully created entirely within the existing living area of a primary unit, including within an existing basement. Living area. The interior habitable area of a dwelling unit including the basement and attics but not including a garage or any accessory building or structure. 1 I i' ., ge. A 3 7 Primary unit. The building (or portion of the building in cases of an attached accessoryseeeffd-aff dwelling unit) in which the principal residential use of the lot takes place. An accessory seeondafy dwelling unit cannot constitute the primary unit. v,laee ofFesidenee 6-.8. Public transit. A signed and designated bus stop, train stop, ferry terminal or other public transit station. Passazeway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling Definitions to be Amended "Accessory building or structure". A building or structure that is subordinate to the main building on the same site, or the use of which is incidental to the use of the site or the use of the main building on the site. A building that shares a common wall with a main building shall be deemed a part of the main building. A building s useas �e�= 1111 iWelling unit is dafy mA-a -a,e,e,essoF Wing struetur, "Accessory use". A use customarily incidental, related, and subordinate to the principal legal use of the parcel or lot and located on the same. ^ seeondafy -dwell-,,-, unit ; not , aeeeiio+-y "Junior accessory dwelling unit". A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. -dwelling unit that is aeeessor-y to d ineluded within the existing walls of a single dwelling unit is an alternate vefsien of a seeandafy dwelling-unit, stil-1eet to diffefent standaMs for- appr-oval, w4ieh pfovides independent living f4eilities for-one or-Mofe per-sons, ifieltiding permanent provisions 44 living, sleeping, eating, and eooking. Cooking and food pfepafatien f4eilities shall be limited to an effieieney type k4ehen as defined in the Town's N46t;idar-d-sfior- y Dive lhig (,Wi4,. Sanitation f4eilities may be independently pfovided for-the junior aeeessory dwelling unit of may be shared with oeetipants of the primafy dweiling pr-evided that interiof access to the sanitation f4eilities is available. A jtiniof aeeessofy dwelling unit Rental T T it as defined i ^rtiele Y of this ehapte-F. "Secondary dwelling unit". The predecessor to an accessory dwelling unit under local zoning laws. Secondary dwelling unit permits were issued under local zoning laws in effect after February 3, 1984 and prior to January 1, 2017. An attached or .detached additional dwelling unit on a single family lot, w-hieh provides independent living f4eilifies for re than thfee per-sons, and whieh has kitehen/eooking, sleeping and sanitation facilit on the same !at as the pfifnafy unit is situated. See Seetion 16 52.100 (Seeofldar� Dwelling Unit). The f 1rewiig-dLiiYtioi:-cre.dsea for Tn eoncnry dwelling cmrte. 2 L ``1 P v- 4 6- p, I - 3 L Attached seeondary dwelling unit. A seeandaf), dwelling unit that shares eammon 11 with the primary nit 7 Legal noneon4 da", dwelling it A seeendary dwelling tiniteuffen tl rloes + f to tlto regulations for-the zone in which it iP_Pituate l+vd but which did confofm at the time it was eonstr-ueted or- efeeted. 3. Owner- of reeord. The owner- of at least fifty per-cent interest in the subjeet real 4. Primary it The building (of portio of the 1-,,,;lrl; f a a+taehe,l b P aafy dwelling unit) , .t- pNlttrhie, the ti .1 al r PtA,,ttpll use of the lot takes plaee. A seeondary dwelling unit eannot oonstitute the primary unit, j Prineipal 1 ee 9f residenee A dwelling ;t that ioeoupiedby the ownef Of reeor-d as a pr4mary pl aee of resi deneo Definition to be Deleted "Legal nonconforming seeen —d`t ell unit". A seeondafy dwelling unit that currently rloes t confoffn to the r-egulations for- the district in w-hieh it is situated L,„+ w-hieh did conf;arm at the time it was eotistfueted or-er-eeted. 3 11 ve V\- Section 16-52.100 - Seeond*ffAccessory dwelling unit. '5 This section provides for the establishment and reasonable regulation of seeofidafyqccessory dwelling units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare. A-. A.,.Application and fee. Application for man accessory dwelling unit permit shall be made in compliance with the provisions of division 16-50 (application filing and processing) and shall be accompanied by the appropriate fee. B. B.Director of community development as review authority. Applications for seeendftfyqccessory dwelling t+t unitpermit shall be acted upon by the director ministerially without discretionary review or a public hearing. Said action shall occur no more than 120 days following submission of the application. Courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the director. C. Grant of seeendaryqccessory dwelling unit permit. 1. In order to grant man accessory dwelling unit permit for an accessory dwelling unit created through construction of or additions to a detached accessory building or by construction of or additions to a single-family dwelling, the director shall find that the seeendafyqg�g essor �dwelling unit would comply with all of the standards set forth in the town'scurrent Standards for such accessory dwelling units as adopted by council resolution. C—.2. In order to grant an accessory dwelling unit permit for an accessory dwelling unit created exclusivelyy, through conversion of existing floorspace in a primary unit or a detached accessory building, the director shall find that the accessory dwelling unit would comply with all of the standards for- seeendaryset forth in the current Standards for such accessory dwelling units as adopted by council resolution. D. Building permits. A building permit shall be required in conjunction with the issuance of a cyan afyan accessory dwelling unit permit if repair, rehabilitation, or other work otherwise requiring a building permit is necessary. E— E.Approved conditional use permits still valid. Any secondary dwelling unit legally established with an approved conditional use permit prior to July 1, 2003 and in continued existence shall eontinue to be eensidefeddeemed a legal, conforming dwelling unit. Secondary dwelling units established by any such conditional use permit shall continue to comply with all conditions of the permit approval-, and with zoning requirements for secondary dwelling_units in effect at the time of permit approval. Pfemises identifieation. F. Approved numbers or- addfesses shall be pt!ovided fot- ea-eh,secondary dwelling units still valid. Any secondary dwelling unit legally 1; 1WT NTO.T, established with an droved secondary dwelling unit permit between July 1, 2003 and saidn„m be fs of address January 1, 2017 and in continued existence shall be deemed a legal conforming- dwelling unit. Secondary dwelling units established by any such permit shall continue to comply with all zoning requirements for secondary dwelling units in effect at the time of permit approval. FL G.Premises identification. Any Town-assigned street address number for the accessory dwelling unit shall be plainly visible and legible from the street fronting the property.-as required by the applicable buildingcode. G-. -H. Expiration. SeeondaryAccessory dwelling unit permits issued in compliance with this section shall expire and become null and void three years after issuance unless a certificate of occupancy has been issued by the building division. H-. 1. Revocation. Upon written notice to the holder of an accessory dwelling unit permit or a secondary dwelling unit permit, and a hearing before the director, the director may revoke or modify any accessory dwelling unit permit or secondary dwelling unit permit; on any one or more of the following grounds: 1.--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; or 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. J. Periodic update. The depuf�me director shall maintain a record of all legal accessory dwelling units and all legal secondary dwelling units and shall review and update the record every two years. At the feview, the ewner- of r-ee,.f shall . ,•;f. ; riff g , „ a o,• penalty of pe�ur-y that the seeandafy dwelling unit is in eomplianee with all e0ndition per-mit if the seeendary dwelling tinit was established undet:a eonditional ttse per-mit issued r-termly1- 2003 3: K.Reporting of violations. All reporting of accessory dwelling unit permit or secondary dwelling unitep rmit violations shall be submitted in writing and dit:eete to the de-pae-ntdirector. 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–. L.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 chapter 31 (enforcement of code). This subsection also applies to violations of conditions of approval or requirements of operation issued in association with any accessory dwelling unit permit or secondary dwelling unit appreval ep rmit. M. Violations—Additional remediesInjunctions. As an additional remedy, the existence and/or maintenance of any accessory dwelling unit or secondary dwelling unit in violation of any provisions herein, or of any conditions of approval or 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 chapter 31 [enforcement of code]), 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 ed by any deeision involviiig the appf oval, denial, Or fevoeation of a seeondary dwelling unit permit (of a eenditional use permit if the seeondafy dwelling unit was established under- a eanditional iise permit issoed prior-to T„ly 1 2003) rn appeal teh deeisio to the tow nrnmnil in eomplianee with rlivisi�a 16 66 (.,,..,o.,4 N. Appeals. The decision of the directorrg antin or r denying an accessory dwelling unit permit is a ministerial decision as required by state law, and not subject to a public hearing. Any appeal of the decision shall constitute an administrative review of the objective standards and criteria established by the Town for accessory dwelling units. Any such appeal must be filed within ten calendar days of the date of decision and shall be heard by the Town Council. The appeal shall be heard in a timely manner. O. Density. Pursuant to California Government Code Section 68552.2, no seeer-yaccessory 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.-, and accessory dwelling units are deemed a residential use that is consistent with the existinge n�plan and zoning for the lot. f' 3 � [) a �s+a "\ S a J 6 STANDARDS FOR SEGOPDARYACCESSORY DWELLING UNITS CREATED THROUGH CONSTRUCTION OF OR ADDITIONS TO A DETACHED ACCESSORY BUILDING OR BY CONSTRUCTION OF OR ADDITIONS TO A SINGLE-FAMILY DWELLING 1. Zones. The proposed SeGendary Dweging Unit weuld beunit would be located on a lot that contains a single family dwelling located in one of the following residential zone zones: R-1, R-1-B, RO, or RPD and cannot be located on a lot that contains more than one unit. 2. One per lot. The proposed Secondary DwelYng Unit unit would be the only Sec-o xkAccessory Dwelling Unit on the lot and there would be no Junior Accessory Dwelling Unit on the lot. 3. Rental. The Accessory Dwelling Unit en the be rented but may not be rented for aperiod of less than 30 consecutive days or used as a Vacation Rental. than 10,000 sq ware feet. 4 The propGsed Secondary DweHing Unit would be IGGated on the same I ot nn whdr-h thp Ownpr of�nnn n.l ml+intnins his or her Prin Ginal Plane of Gesirlenne aR add4bn te an existing budding (as E)ppes P-1 te the r__e.nvers;iA_R efaan existing buildin,-,', ­-Rd net propesed as part of a pFojeGt fer wh'Gh any etheF Zoning Permit is required, weuld� a Notevreed a maximum Reer Area of 500 square foot together q..h;-;" te the !Gt GOverage limit and fleer area ratie guideline ex limit fA-.F the Zone or Manned Development in wh'Gh they are IGGated, as set forth iR ArtiGle 2 ef permitteG 30.050 ef the Mun'Gipal Cede. cl Net require mere than 1D r,,hir•yards of grading (earth movement) a The prepesed Secondary Dwelfing Unit, if ler-ated in an existing Pr a part ef a pr(�eGt feF whiG east Pope P-eFmit is req64ed, would net eXGeed GR8 th'Fd (1/3) of the maximum RoerArea Ratio guideline Axlimitfoxthe property (as pFeSGribed4iR 16-5 d020 0) ef the Wn'Gipal Gode), or 4,000 square feet of , 8. The preposed Secondary Dwelling Unit would provide Gne (1) Gff street Parking Space fe 8aGh bedreGm withiR the Secondary DweRing Unit, PA- r--ase ler-,s; thAp. ARe (1) Parking SpaGe. The Parking Spaces wE)6i!d GGrRply with all TA-vin standards and regulatiqRs regarding A The required Parking SpaGes fer the proposed Secondary Dweging it w ul P( tht-z q--;4rno rl riVoWa y aGGess tG the street nc tho Oriwmar�i Unit � cc-a o--crr�-rrrrrm�r-v c. 404. Owner Occupancy. One of the dwelling units on the site shall be owner-occupied. For purposes of this standard, "ownership" is defined as a majority i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified in which case ownership requires a majority interest. 5. Location on Lot. The Accessory Dwelling Unit is either attached to the existing dwelling or located within the Living Area of the existing dwelling, or is detached from the existing dwelling and located on the same Lot as the existing dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Accessory Buildin,-(s) a minimum of three feet. 6. Zoning Development Standards. The proposed unit shall comply with all development standards included in the underlying Zone in which it is located, including standards for lot coverage, setbacks, height, floor area ratio, and the like, except as specifically provided in these standards. 7. Separate Kitchen and Bathroom. The proposed Accessory Dwelling Unit shall contain a separate kitchen and bathroom, both the Primary Unit and the Accessory Dwellink Unit shall comply at a minimum with all requirements of the current residential code, and the Accessory Dwelling Unit shall comply with the building code at the time it was constructed. 8. Size. The increased floor area of an attached Accessory Dwelling Unit shall not exceed 50 percent of the existing Living Area, with a maximum allowable increase in floor area of 1,000 square feet. The total area of floorspace for a newly-constructed detached Accessory Dwelling Unit shall not exceed 1,000 square feet. 9. Passageway. No Passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit. 10. Setback Exceptions. No setback shall be required for a lawfully-constructed garage in existence prior to January 1, 2017 that is converted to an Accessory Dwelling Unit, and a setback of no more than five (5) feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage. 11. Parking. The application shall comply withap r�provisions of Section 16-32 of the Zoning Ordinance including parking setback limitations, except as may be set forth below: A. One on-site parking space shall be required for each bedroom of the proposed Accessory Dwelling Unit in addition to those required for the Primary Unit. No Accessory Dwelling Unit shall be deemed to have less than one bedroom. B. Required parking for the Accessory Dwelling Unit may be uncovered. C. Parking for aAccessory Dwelling Unit may be in tandem with parkin for r the Primary Unit on the Lot or may be allowed in the front setback, unless specific �.a. s findings are made that such is not feasible based on specific site topographical or fire and life safety conditions. All parkinsz spaces shall be on an Improved Parking Surface. D. When a garage carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit, and the Town requires that those parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to as covered spaces, uncovered spaces, or by the use of mechanical automobile parking lifts. E. Subsections A through D of this Standard 11 shall not apply to a unit described in subsection 11 F below. F. On-site parking is not required for an Accessory Dwelling Unit in any of the following circumstances: (1) The unit is located within one-half mile of Public Transit. (2) The unit is located within an architecturally and historically significant historic district. (3) The unit is part of the existing Primary Unit or an existing Accessory Building. (4) When on-street parking permits are required but not offered to the occupant of the unit. (5) When there is a car share vehicle located within one block of the unit. 12. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the following architectural review standards: A. Architectural Style and Form. Architectural style and building form shall match the style and form of the Primary Unit on the Lot. B. Architectural Details. Architectural details, including but not limited to windows, roof pitch, and trim shall match the Primary Unit on the Lot. C. Color and Materials. The color and materials of the Accessory Dwelling Unit shall match the Primary Unit on the Lot. D. Lighting. Lighting shall be shielded and/or directed so that it does not produce glare visible from off-site or illuminate onto adjacent or nearby property, E. Privacy. Windows shall be located to avoid line of sight to windows of adjacent or nearbyproperty. Obscured glass and other techniques may be used to address line-of-sight issues. 13. Landscaping. Landscaping, including trees and shrubs, would be installed and maintained as part of the project to minimize the visual impacts of the project, including the screening of parking areas; to provide shade; and to provide a visual buffer between theary4 ssory Dwelling Unit and its surroundings. Proposed trees would comply with provisions of Chapter 15A of the Tiburon Municipal Code. Any tree over 30 inches in circumference, removed in conjunction with the construction of an Accessory Dwelling Unit shall be replaced by a 24 inch box tree in the general area from which it was removed. RTY (20) feet ef adjaGent property lines, in Grder te FedUGe adverse privaGy impaGtS. SUGh teGhniqu 0 Rdude, but are net limited to, use ef frested windows, window plaGement at least six (6) feet above floor level, exteRded reef overhangs, and other perrnanent StFUGtUFal treatrnents. by the 14. Feasibility Inspection. Unless the project constitutes new construction building), a building inspection shall be performed by the Town's Building Division at applicant's cost, and a memo establishing the feasibility of the project to meet currentapplicable building and residential codes shall be provided to the Director of Community Development, prior to approval of a Sec-ondaryan Accessory Dwelling Unit permit. 4-4 15. Adequate sanitary service capacity for the additional increment of effluent resulting from the SecoAccessory 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 Sec-eudaryAccessory Dwelling Unit. 16. The Secondary Dwelling Unit would comply with all applicable Fire District regulations, subject t to provisions and limitations set forth in Government Code Section 65852.2. 17. The Secondary Dwelling Unit would comply with all applicable Water District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. STANDARDS FOR ACCESSORY DWELLING UNITS CREATED EXCLUSIVELY THROUGH CONVERSION OF EXISTING FLOORSPACE OF A PRIMARY UNIT OR ACCESSORY STRUCTURE 1. The unit shall be located in a single-family zone and shall not exceed 800 square feet in floor area. 2. The unit shall be created within an existing legal structure (the Primary Unit or a Detached Accessory Building). 3 The unit shall provide independent exterior access from the existing Primary Unit. 4. The unit has sufficient setbacks to meet fire safety requirements. 5. There shall be no more than one Accessory Dwelling Unit on the lot. 6. Rental. The unit may rented but may not be rented for a period less than 30 days or used as a Vacation Rental. 7. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit or the Accessory Dwelling Unit) shall be owner-occupied. For purposes of this standard "ownership" is defined as a majority (i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 8. Feasibility Inspection. A building inspection shall be performed by the Town's Building Division at applicant's cost, and a memo establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the Director of Community Development, prior to approval of a permit. NOTE: Bold and italics indicates a term defined in Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. 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 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 division 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 tt t unitep rmit shall be acted upon by the director without discretionary review or a public hearing. Said action shall occur no more than 120 days following submission of the application. Courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls at least ten days prior to a decision by the director. D. Grant of junior accessory dwelling unit ermit._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 far4h in t current st-aadaf&Standards for fy dwelling unit;Itinior Accessory Dwelling Units as adopted bye 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 aieaW-required by law. F. Premises identification. The ditvetaf shall assign ^ Any Town-assigned street address number for the junior accessory dwelling unit and said address shall be plainly visible and legible from the street fronting the property as required by the applicable building code. G. Expiration._Junior accessory dwelling unit permits issued in compliance with this section shall expire and become null and void three 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. 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 r- UP,. . or regulation. 4. For other good cause. I. Periodic update._The departme director 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 submitted in writing -rd- , ill-e-.te to the depa+Ltnen director. 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 remediesInjunctions. _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 pef son aggfievedh., a The decision '*"hof the appfoval; d€nial3director granting or fevoeation efdenying a junior accessory dwelling unit may �e� such.permit is a ministerial decision as required by state law, and not subject to the town eotmeil in eemplianee with division 16 66 (appeals). N. Density. aceto Galifornia Govemment Code section 69552.2, neaapublic hearing_ Any appeal of the decision shall constitute an administrative review of the objective standards and criteria established by the Town for junior accessory dwelling appr-oved under these pfovisions sh units. Any such appeal must be eefisidefed in ealettlating the density of the lot allowed by the land use designation eontained filed within ten calendar days of the date of decision and shall be heard by the lance element of the nbur-an men Town Council. The appeal shall be heard in a timely manner. STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS 1. The proposed junior accessory dwelling unit would be located in a single-family residential zones: zone, including the R-1, R-1-B, RO, or RPD zones. 2. The proposed unior accessory dwelling unit would be the only Junior Accessory Dwelling Unit on the L-etlot and there would be no alar ^wa ing I►ni*secondary dwelling unit or accessory dwelling unit on the lot. 3. The ►unior c-Gesser„rn.,e►►ing ►Wftjunior accessory dwelling unit would be located on a lot that contains only one legal single-family dwelling. 61-Mn Ar of POP nnr d maintains his e her ®vinni al Dane ,.f RP_S IOM Ge 4 Owner occupancy of one of the dwelling units on the site (either the primary residence or the junior accessory dwelling unit) is required, unless the owner is a governmental agency, a land trust or a housing organization. For purposes of this standard, ownership is defined as a majority (i.e., fifty-one percent orgreater) interest in the property in question Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named unless shares are specified, in which case ownership requires a majority interest. 5. The unior 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 ►.,ni„r nnnossor„Dwelling ►►nki nior accessory dwelling unit permit. 6. The unior accessor dwellin unit would be created within the existing walls of a single-family dwelling and would be by-include the se Vers+anutilization of a-R-a pre-existing bedroom. 7. The unior accessory dwelling unit would have a separate exterior entry from that of the primary residence.,and internal access to the primary residence is established. A second interior doorway separation may be provided for sound attenuation purposes. 8. The unior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: a. A sink with m" im-im AAdth and IeRgth rlimensinns of sixteen (16) innhes onrl niith a maximum waste line diameter of one-and-a-half(1.5) inches. b. A cooking facility erapplianGewith appliances that deesdo not require electrical service greater than one hundred-tee (I 18twenty(120) volts. Gas appliances are not permitted. C. A food preparation counter and storage cabinets that de not eXGeed six (69) feet ,mare of reasonable size in relation to the size of the junior accessory dwelling 3 6 unit. 9. The junior Gc-eccene Dwe►►:ng Unit junior accessory dwelling unit would be located on a lot where the primary dwelling unit residence complies with current parking standards aIA there is adequate en site eF en street paFking te aGGGMMA_d_;_;tP_ I e, a S d e t e F M i in the reasonable rlicrretinn of the D'FeGtorfor a single-family dwelling. 10. Adequate sanitation (bathroom) facilities are provided, either a) separately for the exclusive use of the unior accessory dwelling unit; or b) shared with the primary residence through internal access from the junior accessory dwelling unit to the primary residence. 11. Thejunior accessory dwelling unit shall comply with applicable requirements of the fire protection district serving the lot, subject to the provisions of Government Code Section 65852.22(d) or successor sections thereto. 12. The junior accessory dwelling shall comply with applicable requirements of the public water agency serving the lot, subject to the provisions of Government Code Section 65852.22(e) or successor sections thereto. 13. The junior AGGessory Dwelling hi4unior accessory dwelling unit maybe rented but shall not be rented er. Asea as; -;; Seasonal Rental Un"tfor less than thirty (30) consecutive days. 14. The property on which the unior 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 Aooessery Dwelling Unkunior accessory dwelling unit shall not be sold separately from the primary dwelling un4residence, and shall not be used of-rented as a Seasonal Dental Un ft as defined OR (`ban+er 16 (7nniRg) of for less than thirty (30) consecutive days. b The junieF Annessorae I we►linev UnitThe Junior accessory dwelling unit shall not exceed five-hundred (500) square feet in floor area4ief, shall not be less than GRe hundred fifty (1 50) square foot in fleer areasmaller than allowed by applicable building regulations, and shall be entirely contained within an existing single-family structure. c. The junier /I nnesse+s Dwelling Unit shall be Gonsidered lawful only oc Innen as either it or the primary residenne io ennUotor by the Owner-of Record oc his or her ®rinGipal Place of Reciedene•ejumor accessory dwelling unit shall be considered le al only so long as it or the single-family dwelling in which it is located is owner-occupied, unless the owner is a governmental agency, a land trust or a housing organization. Ownership is defined as a majority (i.e., fifty-one percent orrg eater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 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 ^^^ess^� Dweffing unior accessory dwelling unit on the property. NOTE� Beldand itatir-s typefaGe ind'Gates a term defined On Title IV, Chapter 16 (Zening) ef the TibureR MURiGipal Cede. E RESOLUTION NO. 2016-20 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 RELATING TO ACCESSORY DWELLING UNITS (SECONDARY DWELLING UNITS) AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, the Town of Tiburon has proposed text amendments to the Town's Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code, in response to recently-enacted state legislation contained in Assembly Bills 2406 and 2299, and in Senate Bill 1069; and WHEREAS, the Town has proposed amendments to the Town's standards for accessory dwelling units and junior accessory dwelling units; and WHEREAS, a notice of a public hearing on the proposed amendments described herein was published as a display ad in a newspaper of general circulation within the Town of Tiburon on November 30, 2016 and other noticing was provided as required by law; and WHEREAS, the Planning Commission did hold a duly noticed and advertised public hearing on December 13, 2016 and considered the proposed amendments and any testimony regarding said amendments during the public hearing; and WHEREAS, the Planning Commission has considered the preliminary environmental determination that the proposed amendments are statutorily exempt from further review under the California Environmental Quality Act(CEQA) pursuant to Section 15282 subdivision(h) 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 any applicable plans and are consistent with the requirements and objectives of the Zoning Ordinance; and WHEREAS, the Planning Commission finds that the proposed amendments will not be detrimental to the public health, safety or welfare of the Town. 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". PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on December 13, 2016, by the following vote: TIBURON PLANNING COMMISSION RESOLUTION NO.2016-20 12/13/2016 1 AYES: COMMISSIONERS: Corcoran, Weller, Weiner, Williams NAYS: COMMISSIONERS: None ABSENT: COMMISSIONERS: Kulik ERICA WILLIAMS, CHAIR Tiburon Planning Commission ATTEST: SCOTT ANDERSON, SECRETARY Attachment: Exhibit"A", Zoning Ordinance Amendments TIBURON PLANNING COMMISSION RESOLUTION NO.2016-20 12/13/2016 2 EXHIBIT "A" Zoning Ordinance (Municipal Code Chapter 16) Amendments to Definitions Definition to be Added "Accessory dwelling unit". An attached or a detached residential dwelling unit which provides independent living facilities for one or more persons. It shall include permanent provisions for living, eating, sleeping, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home as defined in Section 18007 of the Health and Safety Code. (See also "Secondary dwelling unit"). For the purposes of Section 16-52.100, the following defined terms are used in association with accessory dwelling units: 1. "Attached accessory dwelling unit" means an accessory dwelling unit that shares a common wall with the primary unit, either by being constructed as a physical expansion (i.e., addition) of a primary unit, conversion of an existing garage attached to a primary unit, or installation of a new basement underneath an existing primary unit. 2. "Detached accessory dwelling unit"means an accessory dwelling unit that is constructed as a separate structure from the primary unit, or is created through conversion (full or partial) of an existing lawfully-constructed detached accessory building into an accessory dwelling unit. 3. "Floorspace" means the gross floor area as measured to the outside surface of exterior walls, including its living area. 4. "Living area" means the interior habitable area of a dwelling unit including the basement and attics but not including a garage or any accessory building or structure. 5. "Primary unit" means the building (or portion of the building in cases of an attached accessory dwelling unit) in which the principal residential use of the lot takes place. An accessory dwelling unit cannot constitute the primary unit. 6. "Public transit" means a signed and designated bus stop, train stop, ferry terminal or other public transit station. 7. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. TIBURON PLANNING COMMISSION RESOLUTION NO.2016-20 12/13/2016 3 Definitions to be Amended "Accessory building or structure". A building or structure that is subordinate to the main building on the same site, or the use of which is incidental to the use of the site or the use of the main building on the site. A building that shares a common wall with a main building shall be deemed a part of the main building. "Accessory use". A use customarily incidental, related, and subordinate to the principal legal use of the parcel or lot and located on the same. "Junior accessory dwelling unit". A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. "Secondary dwelling unit". The predecessor to an accessory dwelling unit under local zoning laws. Secondary dwelling unit permits were issued under local zoning laws in effect after February 3, 1984 and prior to January 1, 2017. Definition to be Deleted "Legal non-conforming secondary dwelling unit". A secondary dwelling unit that does not currently conform to the regulations for the district in which it is situated but which did conform at the time it was constructed or erected. Zoning Permit Regulations for Accessory Dwelling Units Section 16-52.100 - Accessory dwelling unit. This section provides for the establishment and reasonable regulation of accessory dwelling units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare. A. Application and fee. Application for an accessory dwelling unit permit shall be made in compliance with the provisions of division 16-50 (application filing and processing) and shall be accompanied by the appropriate fee. B. Director of community development as review authority. Applications for accessory dwelling unit permit shall be acted upon by the director ministerially without discretionary review or a public hearing. Said action shall occur no more than 120 days following submission of the application. Courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the director. C. Grant of accessory dwelling unit permit. 1. In order to grant an accessory dwelling unit permit for an accessory dwelling unit created through construction of or additions to a detached accessory building or by construction of or additions to a single-family dwelling, the director shall find that the accessory dwelling unit would comply with all of the standards set forth in the current Standards for such accessory dwelling units as adopted by council resolution. TIBURON PLANNING COMMISSION RESOLUTION NO.2016-20 12/13/2016 4 pr41( &? 2. In order to grant an accessory dwelling unit permit for an accessory dwelling unit created exclusively through conversion of existing floorspace in a primary unit or a detached accessory building, the director shall find that the accessory dwelling unit would comply with all of the standards set forth in the current Standards for such accessory dwelling units as adopted by council resolution. D. Building permits. A building permit shall be required in conjunction with the issuance of an accessory dwelling unit permit if repair, rehabilitation, or other work otherwise requiring a building permit is necessary. E. Approved conditional use permits still valid. Any secondary dwelling unit legally established with an approved conditional use permit prior to July 1, 2003 and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary dwelling units established by any such conditional use permit shall continue to comply with all conditions of the permit approval, and with zoning requirements for secondary dwelling units in effect at the time of permit approval. F. Approved secondary dwelling units still valid. Any secondary dwelling unit legally established with an approved secondary dwelling unit permit between July 1, 2003 and January 1, 2017 and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary dwelling units established by any such permit shall continue to comply with all zoning requirements for secondary dwelling units in effect at the time of permit approval. G. Premises identification. Any Town-assigned street address number for the accessory dwelling unit shall be plainly visible and legible from the street fronting the property as required by the applicable building code. H. Expiration. Accessory dwelling unit permits issued in compliance with this section shall expire and become null and void three years after issuance unless a certificate of occupancy has been issued by the building division. I. Revocation. Upon written notice to the holder of an accessory dwelling unit permit or a secondary dwelling unit permit, and a hearing before the director, the director may revoke or modify any accessory dwelling unit permit or secondary dwelling unit permit on any one or more of the following grounds: 1. 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; or 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. J. Periodic update. The director shall maintain a record of all legal accessory dwelling units and all legal secondary dwelling units and shall review and update the record every two years. K. Reporting of violations. All reporting of accessory dwelling unit permit or secondary dwelling unit permit violations shall be submitted in writing to the director. 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. TIBURON PLANNING COMMISSION RESOLUTION NO.2016-20 12/13/2016 5 L. 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 chapter 31 (enforcement of code). This subsection also applies to violations of conditions of approval or requirements of operation issued in association with any accessory dwelling unit permit or secondary dwelling unit permit. M. Violations—Additional remedies—Injunctions. As an additional remedy, the existence and/or maintenance of any accessory dwelling unit or secondary dwelling unit in violation of any provisions herein, or of any conditions of approval or 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 chapter 31 [enforcement of code]), 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. N. Appeals. The decision of the director granting or denying an accessory dwelling unit permit is a ministerial decision as required by state law, and not subject to a public hearing. Any appeal of the decision shall constitute an administrative review of the objective standards and criteria established by the Town for accessory dwelling units. Any such appeal must be filed within ten calendar days of the date of decision and shall be heard by the Town Council. The appeal shall be heard in a timely manner. O. Density. Pursuant to California Government Code Section 68552.2, no 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, and accessory dwelling units are deemed a residential use that is consistent with the existing general plan and zoning for the lot. Zoning Permit Regulations for Junior Accessory Dwelling Units 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 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 division 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 unit permit shall be acted upon by the director without discretionary review or a public hearing. Said action shall occur no more than 120 days following submission of the application. Courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the director. TIBURON PLANNING COMMISSION RESOLUTION NO.2016-20 12/13/2016 6 ` b v e� `J D. Grant of junior accessory dwelling unit 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 the current Standards for Junior Accessory Dwelling Units as adopted by 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 required by law. F. Premises identification. Any Town-assigned street address number for the junior accessory dwelling unit shall be plainly visible and legible from the street fronting the property as required by the applicable building code. G. Expiration. Junior accessory dwelling unit permits issued in compliance with this section shall expire and become null and void three 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. 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. I. Periodic update. The director 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 submitted in writing to the director. 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 TIBURON PLANNING COMMISSION RESOLUTION NO.2016-20 12/13/2016 ( 7 (( // 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. The decision of the director granting or denying a junior accessory dwelling unit permit is a ministerial decision as required by state law, and not subject to a public hearing. Any appeal of the decision shall constitute an administrative review of the objective standards and criteria established by the Town for junior accessory dwelling units. Any such appeal must be filed within ten calendar days of the date of decision and shall be heard by the Town Council. The appeal shall be heard in a timely manner. Miscellaneous ADU-Related Zoning (Chapter 16) Amendments Table 2-1 of Section 16-21.030 is amended such that the words "Secondary dwelling unit"are replaced by the words "Accessory dwelling unit". Table 5-1 of Section 16-50.020 is amended such that the words "Secondary Dwelling Unit Permit" are replaced by the words"Accessory Dwelling Unit Permit". Section 16-54.020 is amended such that the words "Secondary Dwelling Unit" are replaced by the words "Accessory Dwelling Unit". Section 16-54.040 is amended is amended such that the words "Secondary Dwelling Unit" are replaced by the words "Accessory Dwelling Unit". TIBURON PLANNING COMMISSION RESOLUTION NO.2016-20 12/13/2016 8 RESOLUTION NO. 2016-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION OF REVISED "STANDARDS" TO BE USED IN THE REVIEW OF APPLICATIONS FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND SUPERSEDING THE PREVIOUSLY-ADOPTED STANDARDS WHEREAS, on July 7, 2010, the Town Council adopted Resolution No. 39-2010 setting forth standards to be used in the review of applications for secondary dwelling unit; and WHEREAS, on February 8, 2015, the Town Council adopted Resolution No. 07-2015 setting forth standards to be used in the review of applications for junior accessory dwelling unit; and WHEREAS, the State of California has recently passed legislation that requires substantial revisions to Town of Tiburon zoning regulations and to the standards for both secondary dwelling units (now termed "accessory dwelling units"by the State) and junior accessory dwelling units; and WHEREAS, the Planning Commission has considered the revisions to the zoning regulations and the accompanying standards at a duly-noticed public hearing held on December 13, 2016, has recommended to the Town Council adoption of proposed amendments to the zoning regulations, and has reviewed and considered the proposed standards for accessory dwelling units and junior accessory dwelling units; and WHEREAS, the Planning Commission has considered the preliminary environmental determination that the proposed revisions to the standards are statutorily exempt from further review under the California Environmental Quality Act(CEQA) pursuant to Section 15282, subsection(h) of the CEQA Guidelines; and WHEREAS,the Planning Commission finds that the proposed revisions to the standards are consistent with state law and with the goals, policies, and programs of the Tiburon General Plan and are consistent with the requirements and objectives of the Zoning Ordinance; and WHEREAS, the Planning Commission finds that the proposed revisions to the standards will not be detrimental to the public health, safety or welfare of the Town. NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby recommend to the Town Council adoption of revised"standards"to be used in the review of applications for accessory dwelling unit and junior accessory dwelling unit, as set forth in attached Exhibit"A", said standards to supersede previously-adopted Town standards for secondary dwelling units and junior accessory dwelling units as set forth in Town Council Resolutions 39-2010 and 07-2015. TIBURON PLANNING COMMISSION RESOLUTION NO.2016-21 12/13/2016 1 PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on December 13, 2016,by the following vote: AYES: COMMISSIONERS: Corcoran, Weller, Welner, Williams NAYS: COMMISSIONERS: None ABSENT: COMMISSIONERS: Kulik �7 ERICA WILLIAMS, CHAIR Tiburon Planning Commission ATTEST: .LI SCOTT ANDERSON, SECRETARY Attachment: Exhibit"A", Revised Standards TIBURON PLANNING COMMISSION RESOLUTION NO.2016-21 12/13/2016 2 EXHIBIT "A" STANDARDS FOR ACCESSORY DWELLING UNITS CREATED THROUGH CONSTRUCTION OF OR ADDITIONS TO A DETACHED ACCESSORY BUILDING OR BY CONSTRUCTION OF OR ADDITIONS TO A SINGLE-FAMILY DWELLING 1. Zones. The proposed unit would be located on a lot that contains a single family dwelling located in one of the following residential zones: R-1, R-1-B, RO, or RPD, and cannot be located on a lot that contains more than one unit. 2. One per lot. The proposed unit would be the only Accessory Dwelling Unit on the lot and there would be no Junior Accessory Dwelling Unit on the lot. 3. Rental. The Accessory Dwelling Unit may be rented but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. 4. Owner occupancy. One of the dwelling units on the site shall be owner-occupied. For purposes of this standard, "ownership" is defined as a majority (i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 5. Location on lot. The Accessory Dwelling Unit shall either be attached to the existing dwelling or located within the Living Area of the existing dwelling, or shall be detached from the existing dwelling and located on the same lot as the existing dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building a minimum of three feet. 6. Zoning Development Standards. The proposed unit shall comply with development standards for the underlying zone in which it is located, specifically standards for lot coverage, setback, height, and floor area ratio, except as explicitly set forth herein. 7. Separate Kitchen and Bathroom. The proposed Accessory Dwelling Unit shall contain a separate kitchen and bathroom; both the Primary Unit and the Accessory Dwelling Unit shall comply at a minimum with all requirements of the current residential code; and the Accessory Dwelling Unit shall comply with the building code at the time it was constructed. 8. Size. The increased floor area of an Attached Accessory Dwelling Unit shall not exceed 50 percent of the existing Living Area, with a maximum allowable increase in floor area of 1,200 square feet. The total area of floorspace for a newly-constructed Detached Accessory Dwelling Unit shall not exceed 1,200 square feet. 9. Passageway. No Passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit. 10. Setback Exceptions. No setback shall be required for a lawfully-constructed garage in existence prior to January 1, 2017 that is converted to an Accessory Dwelling Unit, and a setback of no more than five (5) feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage. 11. Parking. The application shall comply with parking provisions of Tiburon Municipal Code Chapter 16, including parking setback limitations, except as may be set forth below: A. One on-site parking space shall be required for each bedroom of the proposed Accessory Dwelling Unit in addition to those required for the Primary Unit. No TIBURON PLANNING COMMISSION RESOLUTION NO.2016-21 12/13/2016 3 r 3 o" 4- Accessory Dwelling Unit shall be deemed to have less than one bedroom. B. Required parking for the Accessory Dwelling Unit may be uncovered. C. Off-street parking for an Accessory Dwelling Unit may be in tandem with parking for the Primary Unit or may be allowed in the front setback, unless specific findings are made that such is not feasible based on specific site topographical or fire and life safety conditions. All parking spaces shall be on an Improved Parking Surface. D. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit, and the Town requires that those parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the Accessory Dwelling Unit, including,but not limited to, as covered spaces, uncovered spaces, or by the use of mechanical automobile parking lifts. E. Subsections A through D of this Standard 11 shall not apply to a unit described in subsection 11 F below. F. On-site parking is not required for an Accessory Dwelling Unit in any of the following circumstances: (1) The unit is located within one-half mile of Public Transit. (2) The unit is located within an architecturally and historically significant historic district. (3) The unit is part of the existing Primary Unit or an existing Accessory Building. (4) When on-street parking permits are required but not offered to the occupant of the unit. (5) When there is a car share vehicle located within one block of the unit. 12. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the following architectural review standards: A. Architectural Style and Form. Architectural style and building form shall match the style and form of the Primary Unit. B. Architectural Details. Architectural details, including but not limited to windows, roof pitch, and trim shall match the Primary Unit. C. Color and Materials. The color and materials of the Accessory Dwelling Unit shall match the Primary Unit. D. Lighting. Lighting shall be shielded and/or directed so that it does not produce glare visible from off-site or illuminate onto adjacent or nearby property. E. Privacy. Windows shall be located to avoid line of sight to windows of adjacent or nearby property. Obscured glass and other techniques may be used to address line-of-sight issues. 13. Landscaping. Landscaping, including trees and shrubs,would be installed and maintained as part of the project to minimize the visual impacts of the project, including the screening of parking areas; to provide shade; and to provide a visual buffer between the Accessory Dwelling Unit and its surroundings. Proposed trees would comply with provisions of Chapter 15A of the Tiburon Municipal Code. Any tree over 30 inches in circumference, removed in conjunction with the construction of an Accessory Dwelling Unit, shall be replaced by a 24 inch box tree in the general area from which it was removed. 14. Feasibility Inspection. Unless the project constitutes new construction, a building TIBURON PLANNING COMMISSION RESOLUTION NO.2016-21 12/13/2016 4 c) 4 -�-- inspection shall be performed by the Town's Building Division at applicant's cost, and a report establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the Director of Community Development prior to approval of an Accessory Dwelling Unit permit. 15. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit would be available. If the lot is connected to the public sewer system, the applicant has submitted a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant has submitted a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit. 16. The Accessory Dwelling Unit would comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. 17. The Accessory Dwelling Unit would comply with all applicable Water District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. STANDARDS FOR ACCESSORY DWELLING UNITS CREATED EXCLUSIVELY THROUGH CONVERSION OF EXISTING FLOORSPACE IN A SINGLE-FAMILY DWELLING OR A DETACHED ACCESSORY BUILDING 1. The unit shall be located in a single-family zone. 2. The unit shall be created within an existing legal structure (a single-family dwelling or a Detached Accessory Building appurtenant to a single-family dwelling). 3 The unit shall provide independent exterior access from the Primary Unit. 4. The unit has sufficient setbacks to meet fire safety requirements. 5. There shall be no more than one Accessory Dwelling Unit on the lot. 6. Rental. The unit may be rented but may not be rented for a period less than 30 consecutive days or used as a Vacation Rental. 7. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit or the Accessory Dwelling Unit) shall be owner-occupied. For purposes of this standard, "ownership" is defined as a majority (i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 8. Feasibility Inspection. A building inspection shall be performed by the Town's Building Division at applicant's cost, and a memo establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the Director of Community Development, prior to approval of a permit. NOTE: Bold and italics indicates a term defined in Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. TIBURON PLANNING COMMISSION RESOLUTION NO.2016-21 12/13/2016 5 + S 0 _5_" + STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS 1. The proposed junior accessory dwelling unit would be located in a single-family residential zone, including the R-1, R-1-B, RO, or RPD zones. 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 or accessory 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. Owner occupancy of one of the dwelling units on the site (either the primary residence or the junior accessory dwelling unit) is required, unless the owner is a governmental agency, a land trust, or a housing organization. For purposes of this standard, ownership is defined as a majority (i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 5. 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 include the utilization of a pre-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. A second interior doorway separation may be provided for sound attenuation purposes. 8. The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: a. A sink with a maximum waste line diameter of one-and-a-half(1.5) inches. b. A cooking facility with appliances that do not require electrical service greater than one hundred-twenty (120) volts. Gas appliances are not permitted. C. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. 9. The junior accessory dwelling unit would be located on a lot where the primary residence complies with current parking standards for a single-family dwelling. 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 junior accessory dwelling unit to the primary residence. 11. The junior accessory dwelling unit shall comply with applicable requirements of the fire protection district serving the lot, subject to the provisions of Government Code Section 65852.22(d) or successor sections thereto. 12. The junior accessory dwelling unit shall comply with applicable requirements of the public water agency serving the lot, subject to the provisions of Government Code Section 65852.22(e) or successor sections thereto. 13. The junior accessory dwelling unit may be rented but shall not be rented for less than TIBURON PLANNING COMMISSION RESOLUTION NO.2016-21 12/13/2016 6 �'r� a 10 thirty (30) consecutive days. 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 residence, and shall not be rented for less than thirty(30) consecutive days. b. The junior accessory dwelling unit shall not exceed five-hundred (500) square feet in floor area, shall not be smaller than allowed by applicable building regulations, and shall be entirely contained within an existing single-family structure. c. The junior accessory dwelling unit shall be considered legal only so long as it or the single-family dwelling in which it is located is owner-occupied, unless the owner is a governmental agency, a land trust or a housing organization. Ownership is defined as a majority (i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 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. TIBURON PLANNING COMMISSION RESOLUTION NO.2016-21 12/13/2016 7 PLANNING COMMISSION MINUTES NO. 1070 Special Meeting December 13, 2016 Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chair Williams called the meeting to order at 7:30 p.m. Present: Chair Williams, Vice Chair Corcoran, Commissioners Weller and Welner Absent: Commissioner Kulik Staff Present: Director of Community Development Anderson ORAL COMMUNICATIONS: There were none. COMMISSION AND STAFF BRIEFING Director Anderson gave the following staff briefing: • The meeting of December 28, 2016 will be canceled. • He recommended the Commission hear the report on the wireless communications facility at the end of the agenda to determine the date for it to be heard in 2017. • The Scoping Session for the Tiburon Peninsula Club EIR is scheduled for January 25, 2017 relating to the addition of a couple of new tennis courts and the lighting of 8 courts. There may be additional items on that agenda, as well. PUBLIC HEARINGS 41 2. Consider recommendation to Town Council regarding amendments to Tiburon Municipal Code Chapter 16 (Zoning) Article X (Definitions), and Sections 16-52.100 (Secondary Dwelling Units) and 16-52.105 (Junior Accessory Dwelling Units), among others,to achieve compliance with newly-enacted state laws; and consider recommendation to the Town Council regarding adoption of revised "Standards"to be applied in the review of such permit applications that would be consistent with the new state laws; File#MCA 2016-006 [SA] Mr. Anderson stated as noted in the staff report the state legislature passed three bills in 2016 that made changes to the second unit laws and put in place junior accessory dwelling unit laws. The Governor signed all three bills, and cities and counties are working to bring their regulations in line with the new legislation, most of which go into effect on January 1, 2017. TIBURON PLANNING COMMISSION December 13,2016 MINUTES NO. 1070 DRAFT PAGE 1 The staff report includes a brief history about secondary dwelling units, which will now be called "accessory dwelling units". From 1984 until 2003 these were all approved by conditional use permit, which is a discretionary process, until the law changed in 2003. Thirty-nine second units were approved using this process. Since 2003 the Town has approved 8 additional second unit applications. Under new law, these permits will continue to be non-discretionary, and there would be more limited criteria for local govermnents to apply in the review of accessory dwelling unit permits. Anderson stated current state law does not exist for junior accessory unit permits, but that the Town was in the forefront of permitting such uses, having adopted its ordinance in 2015. To date, the Town has received no applications for junior accessory dwelling unit, in large part due to some of the restrictions and costs applied by utilities and special districts. Some of the legislative provisions are intended to prohibit those kinds of costs and obstacles. Therefore, the Town may see more applications for junior accessory dwelling unit in the future. As an overview, Mr. Anderson said the current regulations will need to change moderately,but the Town's "standards" had to be completely rewritten to comply with new law. Revisions for junior accessory dwelling units affect both standards and regulations more modestly because the state used the same model ordinance that the Town used to craft its recent legislation. In terms of changes to state law for accessory dwelling units, the Town can no longer have a minimum lot size restriction. It has limited control over the square footage allowed in accessory dwelling units; however, there is still the design review process for accessory units where new square footage is being added or created, which will address most issues that arise. The Town is also still able to have owner occupancy requirements and the Town can also prohibit short term rental of these units. The Town is prohibited in many instances of imposing any parking requirements on accessory dwelling units, and special districts and utilities now have several limiting factors, as well. In terms of junior accessory dwelling units not much has changed. These units are still limited to a single family dwelling located in a single family zone, and owner occupancy is required. They must involve a pre-existing bedroom and must be located within the walls of the existing unit and involve no additions. There is also no ability to apply parking standards to the junior accessory unit. The existing dwelling unit or"primary residence" must meet current parking standards. There are also deed restrictions which have not changed much, and again, the Town can apply the short-term rental prohibition to these units, and they must be rented for at least 30 consecutive days. Mr. Anderson stated that the documents requiring revision are before the Planning Commission. One is the actual regulations from the zoning ordinance, comprised of definitions as well as the specific regulations for both accessory dwelling units and junior accessory dwelling units. The second document adopts the "standards"under which the Town's ministerial review is conducted. Staff prepared two resolutions. The first deals with the zoning text amendments and a public hearing is required by law, with a Commission recommendation forwarded to the Town Council. TIBURON PLANNING COMMISSION December 13,2016 MINUTES NO. 1070 DRAFT PAGE 2 ex/11-JIA It t A Staff also prepared a resolution recommending to the Town Council adoption of revised "standards" for both the accessory dwelling units and junior accessory dwelling units. Mr. Anderson said he was available for questions and requested the Commission hold a public hearing, make any revisions as appropriate, and move to adopt the resolutions. Chair Williams referred to the text amendments on page 1 of Exhibit 6 and page 1 of Exhibit 7 which is the same language for each, under"Director of Community Development has review authority" or Section B states, "applications for accessory dwelling unit". She asked if this should include an"s" or whether it should state, "accessory dwelling unit permit"to be consistent with surrounding sections. Mr. Anderson concurred with the Chair's suggestion to add the word"permit". Chair Williams referred to the courtesy notice provision and noted that because this is a non- discretionary process, will this provision give people the sense that they have the ability to comment on the application. Mr. Anderson stated that a courtesy notice it is something staff believes is a good practice and beneficial. The notice is very clear it is a non-discretionary permit. However, if there is information someone has, such as the owners never living in the unit,this is a legitimate concern the Town would like to hear about. Owner occupancy is a requirement and staff's traditional methods of determining owner occupancy (such as assessment rolls) are not foolproof. Chair Williams opened the public hearing. Seeing no speakers she closed the public hearing and returned discussion to the Commission. Vice Chair Corcoran supported the provision of notice to neighbors. He said the new state law is clear as to what needs to be done with the Town's regulations and guidelines and had no other comments. Commissioner Welner thanked staff for translating the state requirements and had no comments. Commissioner Weller supported the recommendation, and noted the Town has little discretion given the new law. Chair Williams concurred with comments and thanked staff for interpreting the law and making appropriate amendments. ACTION: M/S (Williams/Corcoran) to adopt the resolution recommending that the Town Council adopt the zoning text amendments as amended to add the word "permit" in Exhibits 6 and 7. Motion carried 4-0. ACTION: M/S (Williams/Welner) to adopt the resolution recommending that the Town Council adopt standards for both accessory dwelling units and junior accessory dwelling units. Motion carried 4-0. TIBURON PLANNING COMMISSION December 13,2016 MINUTES NO. 1070 DRAFT PAGE 3 3 J3