Tiberon ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Tiburon-02-06-2017.pdf

Town ofliburon 1505 liburon Boulevard Tiburon, CA 94920 P. 415.435.7373 E 415.435.2438 www.cownoftiburon.org

Community Development Department

State of California

Department of Housing & Community Development Housing Policy Division

2020 W. El Camino Avenue

February 2, 2017

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Sacramento, CA 958331829 (

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Frank X. Doyle Councilmember

RE: TOWN OF TIBURON ACCESSORY DWELLING UNIT REGULATIONS· · ········· · ·

Alice Fredericks

Dear Sir or Madam:

Please find enclosed a copy of the Town of Tiburon‘s ordinance regulating accessory

Councilmcmber

Emmett O’Donnell Councilmember

dwelling units and junior accessory dwelling units, as well as the resolutions adopting standards for both as referenced therein.

Please call me at 415-435 7392 or email to sand er son@townoftiburon.org if you have any questions.

Scott Anderson

Director of Community Development

Enclosures:

I ) Ordinance No. 568 N . S.; Accessory dwelling unit/junior accessory dwelling un it ordinance

  1. Resolution 042017; accessory dwelling unit standards
  2. Resolution 05-20 17; jun ior accessory dwelling unitstandards

Greg Chanis Town Manager

ORDINANCE NO. 568 N. S.

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 (SECONDARY) DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

SECTION 1. FINDINGS.

  1. On December 13, 2016, the Planning Commission adopted Resolution No. 2016-XX recommending to the Town Council that various text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code.
  1. The Town Council held a duly noticed public hearing on January 18, 2017 and has heard and considered all public testimony on tlie proposed Ordinance.
  1. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed.
  1. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare.
  1. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon, and further the intent and purposes of General Plan goals and policies.
  1. The Town Council finds that adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15282 of the CEQA Guidelines.

SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.

Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code is amended as follows:

  1. 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”.
  1. 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”.
  2. Section 16-52.100 is amended in its entirety to read as follows: 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.

    1. 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.
    2. 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.

    1. Grant of accessory dwelling iinit 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.
      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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.

    6. 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.
  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.

  1. 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.
  2. Reporting of violations. All reporting of accessory dwelling unit permit or secondary dwelling unit permit violations shali 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.

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.

  1. 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.
  2. 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.

0. 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.

  1. Section 16-52.105 is amended in its entirety to read as follows: 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.

.

    1. 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.

  1. 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.
  2. 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.

  1. 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.

  1. 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.
  2. 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.
  3. 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.

  1. 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.

  1. 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 o{i:he 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 ofrecord to remedy the situation.
  2. 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 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.

  1. Section 16-54.020 is amended to read as follows:

A Site Plan and Architectural Review approval, Variance, Conditional Use Permit, Condominium Use Permit, Accessory Dwelling Unit, Juor Accessory Dwelling Unit, or Tidelands Permit, shall become effective on the 11th day following the date of application approval by the review authority, provided that the appeal period has ended and no timely appeal has been filed in compliance with Section 16-66 (Appeals). For Site Plan and Architectural Review applications for Minor Alteration projects, the approval shall become effective on the sixth business day following the date of application approval by the Director, provided that the appeal period has ended and no timely appeal has been filed in compliance with Section 16-66 (Appeals). A Precise Development Plan approval shall become effective on the 31st day following date of application approval by the Town Council.

  1. Section 16-54.040 is amended to read as follows:

After the denial of an application for, or the revocation of, a Site Plan and Architectural Review approval, Variance, Conditional Use Permit, Condominium Use Permit, Accessory Dwelling Unit, Junior Accessory Dwelling Unit, or Tidelands Permit, no application for the approval of the same or a substantially similar project on the saine site shall be considered by the Review Authority within one year after the date of its action on the original application, unless it is established that there has been a substantial change in the circumstances under consideration in the original proceedings, or that the denial was made without prejudice.

  1. Section 16-100.020(A) is amended by adding the definition of “accessory dwelling unit” to read as follows:

“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 an accessory dwelling unit:

  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.

Tiburon Town Council Ordinance No. 568 N S. Effective March 3, 2017 6

  1. “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.
  1. “Floorspace” means the gross floor area as measured to the outside surface of exterior walls, including its living area.
  1. “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.
  1. “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.
  1. “Public transit” means a signed and designated bus· stop, train stop, ferry terminal or other public transit station.

. . .,

  1. “Passageway” means a pathway that is unobstructed clear to the sky and

extends from a street to one entrance of the accessory dwelling unit.

  1. Section 16-100.020(A) is amended such that the definition of “accessory building or structure” reads as follows:

“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.

  1. Section 16-100.020(A) is amended such that the definition of “accessory use” reads as follows:

“Accessory use”. A use customarily incidental, related, and subordinate to the principal legal use of the parcel or lot and located on the same.

  1. Section 16-100.020(1) is amended such that the definition of “junior accessory dwelling unit” reads as follows:

“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.

  1. Section 16-100.020(S) is amended such that the definition of “secondary dwelling unit”

reads as follows:

“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.

  1. Section 16-100.020(L) is amended to delete the definition of “Legal non-confonning secondary dwelling unit”.

SECTION 3. SEVERABILITY.

Ifany section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid

or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sectiol)S, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 4. PUBLICATION AND EFFECTIVE DATE.

This ordinance shall be in full force and effect thirty (30) days after the date of adoption.

. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption ofthis ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance.

This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on January 18, 2017, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on February 1, 2017, by the following vote:

AYES: COUNCILMEMBERS: Fraser, Fredericks, O’Donnell, Tollini NAYS: COUNCILMEMBERS: None

ABSENT: COUNCILMEMBERS: Doyle

ATTEST:

LEA STEFANI, TOWN CLERK