CALL TO ORDER AND ROLL CALL 7:30 PM

Commissioner Collins, Commissioner Greenberg, Commissioner Stein, Vice-Chairman Snow, Chairman Smith All Commissioners Present

ORAL COMMUNICATIONS There Were None

Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes.

COMMISSION AND STAFF BRIEFING

Staff Update

Commission Information Items

Potential Cancellation of Planning Commission Meeting of June 25, 2003

Meeting Cancelled

1. Approval of Planning Commission Minutes-----May 28, 2003                                    Adopted as Corrected 5-0

PUBLIC HEARINGS

2. STANDARDS FOR SECONDARY DWELLING UNITS – Consider Adoption         Adopted as Amended 5-0

ADJOURNMENT 8:20 PM

1505 Tiburon Boulevard, Tiburon, CA

Chair Smith called the meeting to order at 7:40 p.m.

ROLL CALL

Present: Chair Smith, Commissioners Collins, Greenberg, Snow and Stein

Staff: Community Development Director Anderson

Kathleen Flanagan, Meeting Recorder

ORAL COMMUNICATIONS

There were none.

COMMISSION AND STAFF BRIEFING

Community Development Director Anderson recommended canceling the June 25^th meeting as there are no agenda items. The regular meeting of July 9 may have items such as zoning amendments regarding density bonuses, fence regulations and rezonings of property which has recently become open space.

APPROVAL OF PLANNING COMMISSION MINUTES – MAY 28, 2003

Changes include:

Page 3, 3^rd bullet to state, "…there shall be at least 20 minutes breaks."

Page 2, 2^nd paragraph, 6^th line, delete "not" before "exceed."

Page 3, 3^rd paragraph, 1^st line to state, "…agreed that this use on Main Street should be an isolated situation."

PUBLIC HEARINGS

STANDARDS FOR SECONDARY DWELLING UNITS

Community Development Director Anderson reviewed the staff report and noted that this item had been discussed at a prior Planning Commission meeting and direction was provided to Staff to return with revisions. He noted that Staff was recommending two changes to the Standards as set forth in the staff report. These were that standard #6, last line, should read "No variances or floor area exceptions are permitted.", and standard #9, last line, should read, "No variances are permitted."

Chair Smith asked how, in standard #5, the 400 square feet was derived, and how it reflects state law. Community Development Director Anderson responded that state law allows a range of square footages, from a tiny efficiency unit to a maximum size of 1,200 square feet. Staff believes that 400 square feet is an appropriate size because there are some existing secondary dwelling units in Tiburon that are approximately this size, but very few if any that are smaller. Keeping units small should avoid most potential view problems, and over a number of years of experience, if the Town finds no problems with the new secondary unit law, the 400 square foot limit could be increased.

In response to follow-up questions, Anderson stated that if an application for secondary dwelling unit were submitted for new construction of 800 square feet, it would be denied. Staff would advise the applicant that he could apply for design review for an 800 square foot addition to the home, and if approved, apply for a secondary dwelling unit permit.

Commissioner Stein asked the result if an application were submitted for 400 square feet of new construction as a secondary dwelling unit, but the use as a secondary dwelling unit did not appear plausible, i.e., the applicant would likely use the space, once constructed, as an addition rather than a secondary dwelling unit.

Community Development Director Anderson stated he did not know on what basis Staff would make a determination that use of the space as a secondary dwelling unit seemed implausible. Probably, the permit would be issued, and if the square footage were not used appropriately as ascertained in the annual review, the secondary unit permit would be revoked.

Commissioner Greenberg noted the applicant would already have secured the addition without having gone through a discretionary review process. Community Development Director Anderson stated he will confer with the Town Attorney on this potential problem, but that the Town’s options appear limited given the state law provisions.

Commissioner Greenberg stated that standard #17, last line, should read "property line" and not "adjacent properties."

In response to questions about standard #17, Anderson stated that the 20 foot distance is a number Staff felt was more appropriate than the eight-foot minimum required side yard setback, yet not unreasonably large.

Commissioner Greenberg stated that standard #18 should require a memorandum establishing the feasibility.

Deirdre McCrohan, reporter for The Ark, asked if an applicant is required to put in a kitchen, or if not, if that is part of the feasibility test. Community Development Director Anderson responded the space would need to be able to be used as a dwelling unit, which would require cooking facilities. He added that the space must meet the definition of a "dwelling unit" per Town code, prior to issuance of a Certificate of Occupancy by the Building Official. Ms. McCrohan asked if the 400-square-foot limit is for new construction only or if an owner could create a 1,000 square foot secondary dwelling unit through a combination of 600 square feet of existing floor area and 400 square feet of new construction. Community Development Director Anderson responded that, as defined, if any portion of the secondary dwelling unit is new construction, then the size of the unit may not exceed 400 square feet.

Commissioner Greenberg recommended changing standard #19, line 6, "indicating" to "confirming" and standard #15, line 4, adding "substantially" in front of "minimize."

After discussion, the Commission agreed to revise standard #17 to read, "The design of the proposed secondary dwelling unit shall include techniques to be applied to all windows, doors and other openings that face and are within 20 feet of adjacent property lines, to reduce adverse privacy impacts including but not limited to the use of frosted windows, window placement above 6’ from the top of floor level, extended roof overhangs and other permanent screening treatments." The Commission directed Anderson to refine the final wording as necessary to reflect this intention.

ADJOURNMENT

The meeting was adjourned at 8:20 p.m.