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Home My WebLink AboutTC Res 2010-07-07 (2)RESOLUTION NO. 39-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE "STANDARDS FOR SECONDARY DWELLING UNITS" WHEREAS, in 2003, in response to state law requirements, the Town Council adopted standards to be applied in the ministerial review of secondary dwelling units; said standards were subsequently amended in May 2005 by adoption of Resolution No. 05-2005; and WHEREAS, on March 17, 2010, the Town Council adopted Ordinance No. 519 N.S. comprehensively updating the Tiburon Zoning Ordinance (Title IV, Chapter 16 of the Tiburon Municipal Code), including amendments to the code section numbers regarding Secondary Dwelling Units; and WHEREAS, said Zoning Ordinance update necessitates amendments to the adopted secondary dwelling unit standards; and WHEREAS, a review of current state statutes regarding secondary dwelling units indicates that additional amendments to the standards would clarify the Town's compliance with the statutes; and WHEREAS, the Town Council has considered amendments to the Standards for Secondary Dwelling Units at a public meeting held on July 7, 2010; and WHEREAS, the Town Council finds that the amended "Standards for Secondary Dwelling Units" are consistent with the goals, policies, and programs of the Tiburon General Plan; and WHEREAS, the adoption of these amendments is statutorily exempt from the requirements of CEQA pursuant to Section 21080.17 of the Public Resources Code, and WHEREAS, in adopting Standard No. 8 of the "Standards for Secondary Dwelling Units" regarding parking, the Town Council specifically finds that, pursuant to provisions of the Zoning Ordinance, tandem parking is not permitted anywhere else in the Town of Tiburon, nor is parking in setback areas regulated any differently for secondary dwelling units under these standards than is regulated anywhere else in the Town of Tiburon. NOW, THEREFORE BE IT RESOLVED that the Town Council hereby adopts the amended "Standards for Secondary Dwelling Units" as set forth in the attached Exhibit "A". Tiburon Town Council Resolution No. 39-2010 0710712010 Page I of 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 7, 2010, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None c t , 7t i- v RICHARD COLLINS, MAYOR ATTEST: DIANE CRANE COPI, TOWN CLERK Attachments: Exhibit "A" S:WministrationlTown CoundhResolutions110101Secondary Dwelling Unit Standards Resolution 39-1010.doc Tiburon Town Council Resolution No. 39-2010 0710712010 Page 2 of 2 EXHIBIT "A" STANDARDS FOR SECONDARY DWELLING UNITS The proposed Secondary Dwelling Unit would be located in one of the following residential Zones: R-1, R-1-13, RO, or RPD. 2. The proposed Secondary Dwelling Unit would be the only Secondary Dwelling Unit on the Lot. 3. The proposed Secondary Dwelling Unit would be located on a Lot with a Lot Area of not less than 10,000 square feet. 4. The proposed Secondary Dwelling Unit would be located on the same Lot on which the Owner of Record maintains his or her Principal Place of Residence. 5. The proposed Secondary Dwelling Unit, if any portion thereof constitutes new construction or an addition to an existing building (as opposed to the conversion of an existing building) and is not proposed as part of a project for which any other Zoning Permit is required, would: a. Not exceed a maximum Floor Area of 500 square feet. b. Conform to the minimum required setback regulations for the Zone or Planned Development in which it is located, as set forth in Article 2 of Chapter 16 of the Tiburon Municipal Code. In addition, the Primary Unit and proposed Secondary Dwelling Unit together shall conform to the lot coverage limit and floor area ratio guideline or limit for the Zone or Planned Development in which they are located, as set forth in Article 2 of Chapter 16 of the Tiburon Municipal Code. No variances or floor area exceptions are permitted. c. Be single story and would not exceed fifteen (15) feet in Height, as defined in Section 16-30.050 of the Municipal Code. d. Not require more than 100 cubic yards of grading (earth movement). 6. The proposed Secondary Dwelling Unit, if located in an existing Primary Unit, or if proposed as a part of a project for which at least one other Zoning Permit is required, would not exceed one-third (1/3) of the maximum F/oorArea Ratio guideline or limit for the property (as prescribed in Section 16-52.020 (1) of the Municipal Code), or 1,000 square feet of Floor Area (Gross), whichever is less. In no case shall the Exhibit A -Resolution No. 39-2010 Standards for Secondary Dwelling Units Adopted 0710712010 1/3 requirement above reduce the floor area allowed below that required to meet the minimum floor area required for an efficiency unit as defined by California Health & Safety Code section 17958.1. 7. The proposed Secondary Dwelling Unit, if converted from a lawfully existing detached Accessory Building or Structure and not proposed as part of a project for which any other Zoning Permit is required, would meet all minimum required yard regulations as set forth in Sections 16- 21.040(A) and 16-30.030(E)[1] of the Tiburon Municipal Code. 8. The proposed Secondary Dwelling Unit would provide one (1) off-street Parking Space for each bedroom within the Secondary Dwelling Unit, but in no case less than one (1) Parking Space. The Parking Spaces would comply with all Town standards and regulations regarding Parking Spaces, including parking in setbacks. Tandem parking is not permitted. 9. The required Parking Spaces for the proposed Secondary Dwelling Unit would be served by the same driveway access to the street as the Primary Unit. 10. Landscaping, including trees and shrubs, would be installed as part of the project to minimize the visual impacts of the project, including the screening of parking areas; to provide shade; and to provide a visual buffer between the Secondary Dwelling Unit and its surroundings. Proposed trees would comply with provisions of Chapter 15A of the Tiburon Municipal Code. 11. The exterior appearance of the proposed Secondary Dwelling Unit would closely resemble the architectural style, building materials, and building colors of the Primary Unit. 12. The design of the proposed Secondary Dwelling Unit shall include privacy-enhancing techniques to be applied to all windows, doors and other openings that face and are within twenty (20) feet of adjacent property lines, in order to reduce adverse privacy impacts. Such techniques include, but are not limited to, use of frosted windows, window placement at least six (6) feet above floor level, extended roof overhangs, and other permanent structural treatments. 13. The Secondary Dwelling Unit would be in conformance with the current building codes adopted by the Town. Unless the project constitutes new construction or an addition to an existing building (as opposed to the conversion of an existing building), a building inspection shall be performed by the Town's Building Division, and a memo establishing the feasibility of the project to meet current building codes shall be provided to Exhibit A -Resolution No. 39-2010 Standards for Sc~, „nJ„,) Dwelling Units Adopted 0710712010 2 the Director of Community Development, prior to approval of a Secondary Dwelling Unit permit. 14. Adequate sanitary service capacity for the additional increment of effluent resulting from the Secondary Dwelling Unit would be available. If the Lot is connected to the public sewer system, the Applicant has submitted a letter from the appropriate Sanitary District to that effect. If the Lot is not connected to the public sewer system, the Applicant has submitted a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the Lot has adequate capacity to accommodate the proposed Secondary Dwelling Unit. 15. The Secondary Dwelling Unit would comply with all applicable Fire District regulations. 16. The Secondary Dwelling Unit would comply with all applicable Water District regulations. NOTE. Bold and italics indicates a term defined in Title /V, Chapter 16 (Zoning) of the Tiburon Municipal Code. S. AdministrationlTown CouncillResolutionsl20l O1Secondaty Dwelling Unit Standards Exhibit A.doc Exhibit A -Resolution No. 39-1010 Standards for Secondary Dwelling Units Adopted 0710712010