HomeMy WebLinkAboutTC Ord 2003-06-18ORDINANCE NO. 475 N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON REPEALING SECTION 16-4.5 OF THE
MUNICIPAL CODE, ADOPTING A NEW SECTION 16-4.5 OF THE
MUNICIPAL CODE AND ADOPTING AND AMENDING VARIOUS
SECTIONS OF CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL
CODE REGULATING SECONDARY DWELLING UNITS
WHEREAS, the State Legislature has declared that secondary
dwelling units provide a valuable form of housing for family members,
students, senior citizens, in-home health care providers, the disabled and
others at below market prices within existing neighborhoods; and
WHEREAS, the Legislature stated its intent that any secondary
dwelling unit ordinances adopted by local agencies have the effect of
providing for the creation of second units; and
WHEREAS, the Legislature restated its commitment to secondary
dwelling units as a valuable form of housing in 2002 with the passage of
Assembly Bill 1866, which amends Government Code Section 65852.2 by
eliminating the authority to require a conditional use permit or any
discretionary review for second units and mandating ministerial approval of
such units; and
WHEREAS, Section 65852.2 authorizes a local agency to designate
areas where secondary dwelling units may be permitted based on criteria
that may include adequacy of water and sewer services, impact on traffic
flow or other factors identified by the Town; and subject to certain limitations,
impose standards that include parking, height, setback, lot coverage,
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; and
WHEREAS, the Town Council wishes to permit secondary dwelling
units, subject to standards and criteria to be adopted by Resolution, in all
single-family residential zones; and
WHEREAS, the Town wishes to establish a procedure authorizing the
Community Development Director or his designee to consider applications
for secondary dwelling units ministerially, subject to specified standards and
criteria, in compliance with Section 65852.2 of the Government Code; and
Town of Tiburon Ordinance No.475 N. S. Effective July 18, 2003
WHEREAS, the Town Council has held public hearings on June 4,
2003 and June 18, 2003, and has received and considered public testimony
on this matter; and
WHEREAS, the Town Council finds that all notices and procedures
required by law attendant to the adoption of this Ordinance have been
followed; and
WHEREAS, the Town Council finds that the changes and
modifications made by this Ordinance are consistent with the objectives of
Chapter 16 and would not be detrimental to the public health, safety, or
welfare; and
WHEREAS, the Town Council has found that the changes and
modifications made by this Ordinance are consistent with the goals and
policies of the Tiburon General Plan and are consistent with other Town
ordinances, plans, and regulations; and
WHEREAS, the Town Council finds that adoption of this Ordinance is
statutorily exempt from the requirements of the California Environmental
Quality Act pursuant to Section 21080.17 of the Public Resources Code.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF
TIBURON HEREBY ORDAINS AS FOLLOWS:
Section 1. Repeat.
Section 16-4.5 (Secondary Dwelling Unit Use Permits) of the Tiburon
Municipal Code is hereby repealed.
Section 2. Adoption.
Section 16-4.5 (Secondary Dwelling Unit Permits) of the Tiburon Municipal
Code is hereby adopted to read as follows:
16-4.5 SECONDARY DWELLING UNIT PERMITS.
16,4.5.1 Purpose.
The purpose of this section is to provide for the establishment and
reasonable regulation of Secondary Dwelling Units in order to encourage
housing opportunities for all segments of the population while ensuring the
public health, safety, and welfare.
Town of Tiburon Ordinance No. 475 N. S_ Effective July 18, 2003 2
16-4.5.2 Definitions.
As used in this section:
Secondary Dwelling Unit means an attached or detached additional
Dwelling Unit on a single family lot which provides independent living
facilities for not more than three (3) persons, and which has kitchen/cooking,
sleeping and sanitation facilities on the same lot as the Primary Unit.
New Construction means the construction of a new Building, or the
construction of an addition to an existing Building that would increase the
Floor Area of the Building.
Legal Nonconforming Secondary Dwelling Unit means a Secondary
Dwelling Unit which currently does not conform to the regulations for the
Zone in which it is situated but which did conform at the time it was
constructed or erected.
Primary Unit means the Building (or portion of the Building in cases of an
Attached Secondary Dwelling Unit) in which the Principal Use of the lot
takes place. A Secondary Dwelling Unit cannot constitute the Primary Unit.
Owner of Record means the owner of at least 50 percent interest in the
subject real property.
Principal Place of Residence means a Dwelling Unit that is occupied by
the Owner of Record as his primary place of residence.
Attached Secondary Dwelling Unit means a Secondary Dwelling Unit that
shares a common wall with the Primary Unit.
16-4.5.3 Secondary Dwelling Units; Where Permitted.
Secondary Dwelling Units shall be permitted in all single-family residential
Zones, specifically as follows: R-1, R-1-13, RO-1, RO-2, and RPD.
16-4.5.4 Application and Fee.
Application for a Secondary Dwelling Unit Permit shall be made pursuant to
the provisions of Section 16-3.1 and shall be accompanied by the
appropriate fee.
Town of Tiburon Ordinance No. 475 N. S. Effective July 18, 2003 3
16-4.5.5 Director of Community Development as Acting Body.
Applications for Secondary Dwelling Units shall be acted upon by the
Director of Community Development or his designee without discretionary
review or a public hearing.
16-4.5.6 Grant of Secondary Dwelling Unit Permit.
In order to grant a Secondary Dwelling Unit Permit, the Director of
Community Development or his designee, shall find that the Secondary
Dwelling Unit would comply with all of the standards set forth in the currently
adopted list of "Standards for Secondary Dwelling Units".
16-4.5.7 Standards for Secondary Dwelling Units.
The list of "Standards for Secondary Dwelling Units" shall be established by
Resolution of the Town Council, and may be amended from time to time by
Resolution of the Town Council.
16-4.5.8 Building Permits.
A building permit shall be required in conjunction with the issuance of a
Secondary Dwelling Unit Permit if repair, rehabilitation, or other work
otherwise requiring a building permit is necessary.
16-4.5.9 Approved Conditional Use Permits Still Valid.
Any Secondary Dwelling Unit legally established with an approved
Conditional Use Permit prior to July 1, 2003 shall continue to be considered
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.
16-4.5.10 Premises Identification.
Approved numbers or addresses shall be provided for each Dwelling Unit
and said numbers or addresses shall be plainly visible and legible from the
street fronting the property.
16-4.5.11 Expiration.
Secondary Dwelling Unit Permits issued pursuant to this Section shall expire
and become null and void one (1) year after issuance unless a Certificate of
Occupancy has been issued by the Building Division.
Town of Tiburon Ordinance No. 475 N. S. Effective July 18, 2003 4
16-4.5.12 Revocation.
Upon written notice to the holder of a Secondary Dwelling Unit Permit, and a
hearing before the Director of Community Development or his designee, the
Director of Community Development may revoke or modify any Secondary
Dwelling Unit Permit, on any one or more of the following grounds:
(a) That the approval was based on false information submitted by the
applicant.
(b) That the use for which such approval was granted has ceased to
exist or has been suspended for one (1) year or more.
(c) 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.
16-4.5.13 Yearly Update.
The Community Development Department shall maintain a record of all legal
Secondary Dwelling Units and shall annually update the record. At the
annual review, the Owner of Record shall verify in writing under penalty of
perjury that the Secondary Dwelling Unit is in compliance with all conditions
of the Secondary Dwelling Unit Permit, or with all conditions of the
Conditional Use Permit if the Secondary Dwelling Unit was established
under a Conditional Use Permit issued prior to July 1, 2003.
16.4.5.14 Reporting of Violations.
All reporting of Secondary Dwelling Unit violations shall be in writing and
directed to the Community Development Department. The Director of
Community Development or his designee shall notify the owner of record of
the property that a complaint has been registered, within ten (10) calendar
days from receipt of any such complaint. The Director of Community
Development or his designee shall investigate and issue a written report to
the complainant within thirty (30) 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.
16-4.5.15 Violations Considered an Infraction.
Violations of this section shall be punished as infractions or by
administrative citation, in the discretion of the Director of Community
Development and shall be subject to the provisions of Section 16-5.13
and/or Chapter 31 of the Tiburon Municipal Code. This subsection also
Town of Tiburon Ordinance No.475 N.S. Effective July 98, 2003 5
applies to violations of conditions of approval issued in association with any
Secondary Dwelling Unit approval.
16-4.5.16 Violations Additional Remedies-Injunctions.
As an additional remedy, the existence and/or maintenance of any
Secondary Dwelling Unit in violation of any provisions herein, or of any
conditions of approval 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 pursuant to 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.
16-4.6.17 Appeals.
Any person aggrieved by any decision involving the approval, denial, or
revocation of a Secondary Dwelling Unit Permit (or a Conditional Use Permit
if the secondary dwelling unit was established under a Conditional Use
Permit issued prior to July 1, 2003), may appeal such decision to the Town
Council pursuant to Section 16-3.8.
Section 3. Associated Amendments.
A. The following definitions contained within Section 16-1.5 of the
Tiburon Municipal Code are hereby amended as follows:
Accessory Use means a use customarily incidental, related, and
subordinate to the principal legal use of the parcel or lot and located
on the same. A Secondary Dwelling Unit is not an accessory use.
Accessory Building or Structure means a building or structure
which 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. An accessory building that shares a common
wall with a main building shall be deemed a part of the main building.
A building or structure which is used as a Secondary Dwelling Unit is
not an accessory building or structure. (See Setback.)
Secondary Dwelling Unit means an attached or detached additional
dwelling unit on a single family lot which provides independent living
facilities for not more than three (3) persons, and which has
kitchen/cooking, sleeping and sanitation facilities on the same parcel
as the primary unit. See Section 16-4.5.
Town of Tiburon Ordinance No.475 N. S. Effective July 18, 2003 6
B. Section 16-2.2.1(f) of the Tiburon Municipal Code is hereby added to
read as follows:
(f) Secondary Dwelling Units pursuant to the provisions of Section
16-4.5.
C. Section 16-2.2.2(o) of the Tiburon Municipal Code is hereby deleted.
D. Section 16-2.4.1(f) of the Tiburon Municipal Code is hereby added to
read as follows:
(f) Secondary Dwelling Units pursuant to the provisions of Section
16-4.5.
E. Section 16-2.4.2(o) of the Tiburon Municipal Code is hereby deleted.
F. Section 16-2.7.1(f) of the Tiburon Municipal Code is added to read as
follows:
(f) Secondary Dwelling Units pursuant to the provisions of Section
16-4.5.
G. Section 16-2.7.2(m) of the Tiburon Municipal Code is hereby deleted.
H. Section 16-3.4.1(a) (2) of the Tiburon Municipal Code is hereby
deleted.
Section 4. Severabifity.
If any section, subsection, clause, sentence, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a
decision of a Court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of the Ordinance. The Town Council of
the Town of Tiburon hereby declares that it would have passed this
Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases may be declared invalid or unconstitutional.
Section 5. Effective Date.
This Ordinance shall take effect and be in force thirty days after the
date of passage, and before the expiration of fifteen (15) days after passage
by the Town Council, a copy of the ordinance, or its legally required
equivalent, shall be published with the names of the members voting for and
Town of Tiburon Ordinance No. 475 N. S. Effective July 18, 2003 7
against it at least once in a newspaper of general circulation published in the
Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town
Council of the Town of Tiburon on June 4, 2003, and was adopted at a
regular meeting of the Town Council of the Town of Tiburon on June 18,
2003, which was noticed pursuant to provisions of the California
Government Code, by the following vote:
AYES: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz,Thompson
NOES: COUNCILMEMBERS: None
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DIA E CRANE IACOPI, TOWN CLERK
Dcrane/wpdocs/reso/AMEND CHAPTER 16 Secondary Dwelling 2003.ord.doc
Town of Tiburon Ordinance No. 475 N.S. Effective July 18, 2003 8