Town of Tiburon

Staff Report

BACKGROUND

On January 9, 2001, the Planning Commission considered an omnibus set of zoning ordinance text amendments and recommended adoption to the Town Council.

On February 7, 2001, the Town Council considered the text amendments and held first reading of the ordinance that would adopt them. During its deliberations, the Town Council suggested further amendments to sections of the Zoning Ordinance that were reviewed by the Commission. Since the specific amendments being suggested by the Town Council were not specifically "considered" by the Planning Commission during its review, State law requires that these suggested amendments be "referred" to the Planning Commission for its "report and recommendation" prior to formal adoption by the Town Council. No new public hearing is required.

The Council anticipates that the Commission will forward its recommendations at this meeting so that second reading and adoption of the text amendments can occur at the February 21, 2001 Town Council meeting.

ANALYSIS

There are two amendments being referred to the Commission. These are discussed below.

Addition of clarifying language to Section 5.13.01 regarding infractions (see Exhibit 1). The additional language would explicitly state what is already implicit in the ordinance; that is, that any violation of a "condition of approval" on a Zoning Permit is also a violation of the Zoning Ordinance. A reference to Chapter 31 of the Municipal Code (Enforcement) is also being added. Both of these changes are minor and simple clarifications of current practice and enforcement.

Modification of Section 4.05.05 (7) to increase the maximum allowable square footage that a "secondary dwelling unit" may attain (see Exhibit 2). The current maximum square footage allowed is 700 square feet. The Town Council suggested raising the maximum to 1,000 square feet provided that no FAR exceptions or variances would be required to approve the project.

The Town Council made its suggestions following a review of the Secondary Dwelling Unit Ordinance that it had requested back in November of 2000. Please refer to the attached Town Council staff report (Exhibit 3) and minutes from the January 17, 2001 meeting (Exhibit 4).

Staff was not of the opinion that raising the size limit for secondary dwelling units would substantially increase the number of applications received. However, it could generate a small number of additional applications over the years.

The maximum square footage limit for secondary dwelling units as established by State law is 1,200 square feet. Local agencies have the discretion to reduce this number. Staff believes that the 700 square foot limit was selected by the Town back in 1983 primarily over concern that a larger unit would begin to "blur" the distinction between the primary dwelling unit and the secondary dwelling unit, becoming, in effect, a two-family dwelling. Some neighborhoods in Tiburon have average home sizes of little more that 1,000 square feet. On the other hand, the average home size in Tiburon (and the nation as a whole) has grown over the intervening years. In some neighborhoods, a 1,000 square foot secondary dwelling unit would clearly be incidental to the primary unit. The Planning Commission would of course retain the discretion to determine whether the proposed size of a particular secondary dwelling unit was appropriate on a case-by-case basis.

OPTIONS

The suggested modification concerning infractions is minor and needs only perfunctory review by the Commission.

The suggested modification regarding secondary dwelling unit maximum size limit deserves some thoughtful review. Various options are as follows:

If the Commission is comfortable with the suggested change, it should make its report to the Town Council to that effect.

If the Commission opposes the suggested change, it should make its report to the Town Council to that effect.

If the Commission believes that it needs more time to study the issue, or to receive public input, then it should forward that recommendation to the Town Council. The Town Council has the option to act upon or delay action upon the secondary dwelling unit size modification.

RECOMMENDATION

That the Planning Commission consider the two (2) suggested modifications to the Zoning Ordinance text and forward its recommendations on them to the Town Council.

Suggested amendment to proposed Zoning Ordinance Section 5.13.01.

Suggested amendment to Zoning Ordinance Section 4.05.05 (7).

Staff Report to Town Council for the January 17, 2001 meeting.

Minutes of Town Council meeting of January 17, 2001.

\scott\z2001-01pcreport2.doc