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HomeMy WebLinkAboutTC Res 2017-01-18 (3) RESOLUTION NO. 04-2017 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 January 18, 2017, by the following vote: Tibm-on Town Council Resolulion No. 04-2017 01118/2017 Page 1 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. 04-2017 01/18/2017 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. 04-2017 01/18/2017 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. 04-2017 01/18/2017 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. 04-2017 01/18/2017 Page 6 of 6 AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JIM F MAYOR I ATTEST: LEA ST AN , TOWN CLERK Attachment: Exhibit A; Standards for Accessory Dwelling Units Tiburon Town Council Resolution No. 04-2017 01/18/2017 Page 2 of 6