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HomeMy WebLinkAboutTC Res 2017-01-18 (4) RESOLUTION NO. 05-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING REVISED "STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS" WIIEREAS, 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 January 18, 2017, by the following vote: Tiburon Town Council Resolution No. 05-2017 01/18/2017 Page 1 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. Tiburon Town Council Resolution No. 05-2017 01/18/2017 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 Govermnent 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 (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 Town Council Resolution No. 05-2017 01/18/2017 Page 4 of 4 AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JIM FAS MA/"OR' ATTEST: bft LEA STEF NI, TOWN CLERK Attachments: Exhibit A; Standards for Junior Accessory Dwelling Units Tiburon Town Council Resolution No. 05-2017 01/18/2017 Page 2 of 4