Chapter 18.31 — ACCESSORY DWELLING UNITS/JUNIOR ACCESSORY DWELLING UNITS

Editor's note— Ord. No. 1043, § 5, adopted December 17, 2024, repealed the former Ch. 18.31, §§ 18.31.010—18.31.130, and enacted a new Ch. 18.31 as set out herein. The former Ch. 18.31 pertained to similar subject matter and derived from Ord. 961 § 8, adopted Dec. 6, 2016; Ord. No. 962, § 7, adopted Dec. 6, 2016; Ord. No. 992, § 8, adopted Jan. 21, 2020; and Ord. No. 993, § 6, adopted May 19, 2020.

The purpose of this chapter is to establish the procedures and development standards for the ministerial, non-discretionary processing of applications for new accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs") in compliance with California Government Code Sections 66310 through 66342 and consistent with the policies, goals and programs of the Housing Element of the General Plan. ADUs and JADUs increase the overall supply of housing within established residential neighborhoods or as part of new residential subdivisions. Such units are intended to increase the supply of smaller, more affordable housing within existing residential neighborhoods and provide independent living units for prospective and current residents, including family members, students, local employees, the elderly, in- home health and childcare providers, and single adults, among others.

The intent of the Town in adopting the code section is to ensure that the Town's ordinance has the effect of providing for the creation of ADUs and JADUs and that the provisions in this chapter relating to matters including size, parking, and other development standards are not arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create ADUs or JADUs consistent with state law intended to promote their development.

(Ord. No. 1043, § 5, 12-17-2024)

"Accessory dwelling unit" or "ADU" shall have the same meaning as provided in California Government Code Section 66313, as amended from time to time.

"Accessory dwelling unit—attached" means an accessory dwelling unit that is constructed as a physical expansion (i.e. addition) of the primary dwelling unit and shares a common wall with the primary dwelling unit.

"Accessory dwelling unit—detached" means an accessory dwelling unit that is constructed as a separate structure from the primary dwelling unit.

"Accessory dwelling unit—interior" means an accessory dwelling unit that is created within an existing structure as defined in this chapter.

"Efficiency unit" shall have the same meaning as provided in California Government Code Section 66313, as amended from time to time.

"Efficiency kitchen" shall mean an area in a unit that conforms to California Government Code Section 66333(f), as amended from time to time.

"Existing structure" means an existing permitted or otherwise legal single-family residence, including all fully enclosed areas such as a partial basement, an attached garage, or an accessory structure that can be made safety habitable under building codes.

"Junior accessory dwelling unit" or "JADU" shall have the same meaning as provided in California Government Code Section 66313, as amended from time to time.

"Kitchen" means a room or portion thereof containing permanent facilities designed and used for food preparation, cooking, eating and dish washing. A kitchen shall include all of the following: a sink with hot and cold running water; a stove-top/cook-top or an oven; a refrigerator; and built-in dish and utensil storage spaces. In addition to the aforementioned improvements, a kitchen may also include any of the following: microwave, convection oven, hot plate or automatic dishwasher.

"Livable space" shall have the same meaning as provided in California Government Code Section 66313, as amended from time to time.

"Living area" shall have the same meaning as provided in California Government Code Section 66313, as amended from time to time.

"Local agency" shall have the same meaning as provided in California Government Code Section 66313, as amended from time to time.

"Nonconforming zoning condition" shall have the same meaning as provided in California Government Code Section 66313, as amended from time to time.

"Passageway" shall have the same meaning as provided in California Government Code Section 66313, as amended from time to time.

"Proposed dwelling" shall have the same meaning as provided in California Government Code Section 66313, as amended from time to time.

"Public transit" means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. Public transit does not include school bus stops associated with bus routes operated seasonally or only during school hours for the intended purpose of serving students, even if the general public may access such bus service; or school bus routes provided by a school district for the exclusive use of students.

"Statewide Exemption ADU" shall mean an ADU that meets the criteria of California Government Code Section 66323(a).

"Statewide Exemption JADU" shall mean a JADU that meets the criteria of California Government Code Section 66323(a).

"Tandem parking" shall have the same meaning as provided in California Government Code Section 66313, as amended from time to time.

(Ord. No. 1043, § 5, 12-17-2024)

An ADU permit is required for the creation of an ADU unless it meets any of the criteria listed below:

(a)

The ADU is created from an existing structure as defined in Section 18.31.020 above or increases the gross floor area of an existing accessory structure by no more than twenty percent or one hundred and fifty square feet, whichever is greater.

(b)

The ADU or JADU meets the Statewide Exemption criteria listed in Government Code Section 66323.

(c)

The ADU is attached to the primary dwelling unit and has a floor area no greater than eight hundred square feet, maintains a minimum four foot side yard and rear yard setback, and any newly constructed square footage shall have a maximum height of sixteen feet.

(d)

The ADU(s) is located within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. This subparagraph shall apply to projects for multiple ADUs, up to twenty-five percent of the existing multifamily units.

(e)

The ADU(s) is located on a parcel with an existing multifamily building. Multiple accessory dwelling units, not to exceed the number specified in clause (1) or (2), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in Subparagraph (A), (B), or (C) of Paragraph (4) of Subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet.

(1)

On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.

(2)

On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

(f)

An ADU that meets the criteria of Subsections (a), (b), (d) or (e) of this section shall not be required to comply with any other development standards, except as explicitly allowed by state law.

(g)

This section shall not apply to units subject to Section 18.31.120.

The above-described ADUs shall comply with Section 18.31.050 regarding submittal of a building permit application and an Accessory Dwelling Unit Checklist.

(Ord. No. 1043, § 5, 12-17-2024)

For all ADU permits, an application shall be submitted to the Planning Division on prescribed forms that demonstrate that the ADU complies with the requirements contained in this chapter.

(Ord. No. 1043, § 5, 12-17-2024)

(a)

The Community Development Director or his/her designee shall issue an ADU permit as a ministerial permit. The application shall be processed within the timelines established by California Government Code Section 66317(a) as they may be amended from time to time. In addition to an ADU permit, the applicant shall also be required to obtain a building permit prior to the construction of the ADU.

(b)

Denial of Permit.

(1)

If the Town denies an application for an ADU or JADU, the Community Development Department shall within sixty-days return in writing a full set of comments to the applicant with a list of defective or deficient items and a description of how the applicant can remedy the defective or deficient items.

(2)

The Community Development Department shall not deny an application for an ADU that was previously unpermitted, but constructed before January 1, 2020 on the basis that (a) the ADU violates the building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code or (b) the ADU does not comply with Government Code Sections 66314-66322 or this Ordinance.

(A)

Notwithstanding Subsection 18.31.040(b)(2), the Town may deny an ADU or JADU permit that otherwise meets the criteria of that subsection if the Building Official finds that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

(B)

Section 18.31.040(b)(2) shall not apply to a structure that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

(C)

A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by Subdivision (e) of Section 66324.

(D)

Subject to Subdivision (C), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.

(c)

This section shall not apply to units subject to Section 18.31.120.

(Ord. No. 1043, § 5, 12-17-2024)

A courtesy notice that includes a description of the project shall be provided for all ADUs requiring an ADU permit at least ten days prior to a decision by the Community Development Director. The notice shall be mailed to all owners within three hundred feet of the project site. No public hearing shall be required.

(Ord. No. 1043, § 5, 12-17-2024)

(a)

An ADU not requiring an ADU permit and a JADU shall meet all of the following conditions:

(1)

The unit is located on a parcel that permits residential uses.

(2)

The unit has an exterior access independent from the existing residence. Access from the public right-of- way to the unit may be provided through the front yard, side yard or rear yard of the primary residence.

(b)

For any Statewide Exemption ADU, Statewide Exemption JADU, or other unit not requiring an ADU permit, an applicant may submit a building permit application directly to the Building Division. An Accessory Dwelling Unit Checklist or Junior Accessory Dwelling Unit Checklist on the Town form shall be submitted to the Planning Division at the same time of building permit submittal to ensure that the above requirements are met.

(c)

This section shall not apply to units subject to Section 18.31.120.

(Ord. No. 1043, § 5, 12-17-2024)

(a)

All JADUs require a recorded deed restriction running with the land and binding on all future owners. The deed restriction shall be in a form approved by the Town Attorney and the property owner must record it in the official records of Marin County, California.

(b)

The deed restriction shall contain the following provisions:

(1)

The JADU shall not be sold separately from the main residence.

(2)

The JADUs size and attributes shall be maintained in compliance with Sections 66333 to 66399.

(c)

The property owner shall submit proof that the deed restriction has been recorded to the Planning Division prior to issuance of a building permit.

(Ord. No. 1043, § 5, 12-17-2024)

All ADUs/JADUs shall be subject to the following standards:

(a)

Allowable units on residential lots with a proposed or existing single-family dwelling:

(1)

One ADU may be constructed within an existing or proposed single-family dwelling or within an accessory structure, except as limited by Section 18.18.405(3)(J); and

(2)

One JADU may be constructed within an existing or proposed single-family dwelling, except as limited by Section 18.18.405(3)(J); and

(3)

One detached, new construction, ADU consistent with Section 18.31.080, except as limited by Section 18.18.405(3)(J). The detached, new construction, ADU may be in addition to an ADU and JADU described in Section 18.31.070(a)(1) and (2) above.

(b)

ADU(s) shall be allowed on a parcel with an existing multifamily dwelling consistent with state law except as limited by Section 18.18.405(3)(J).

(c)

Owner Occupancy.

(1)

Owner Occupancy (ADU)—owner occupancy is not required for either the primary residence or the ADU.

(2)

Owner Occupancy (JADU)—owner occupancy is required for either the JADU or the remaining portion of the single-family residence.

(d)

Street addresses shall be assigned to all ADUs to assist emergency responders. Address creation for a JADU may be required depending on the configuration of the unit, and subject to the Fire Marshal's recommendation.

(e)

The ADU/JADU shall not be sold independently of the primary dwelling on the parcel, except as explicitly allowed by California Government Code Section 66341.

(f)

No ADU shall be rented for less than thirty consecutive days.

(g)

Adequate Services. The proposed method of water supply and sewage disposal for the ADU/JADU must be provided, as well as service availability from any associated electric and gas provider for the lot. Letters of service availability must be provided by the appropriate utilities service provider(s) for the lot. The property owner must also demonstrate existing or future legal access to these utilities.

(Ord. No. 1043, § 5, 12-17-2024)

(a)

Separate Entry, Kitchen and Bathroom. All ADUs shall contain a separate entrance, kitchen and bathroom independent of the primary residence.

(b)

Zoning Conformance. All ADUs other than Statewide Exemption ADUs shall meet all development standards of the Zoning District in which it is located except as modified by this section.

(c)

Location. Detached ADUs other than Statewide Exemption ADUs shall be separated from the primary dwelling and any accessory structures by a minimum of three feet.

(d)

Setbacks.

(1)

Except as otherwise provided in this chapter, an ADU shall have side and rear yard setbacks of at least four feet.

(2)

The required rear yard setback for an ADU larger than eight hundred square feet on a lot zoned R-1-A, R-1- B, or R-1-C may be reduced to twenty-five feet if the lot is one acre or larger in size.

(3)

A front yard setback is not required if the property owner demonstrates that the normally applicable setback would preclude construction of an eight hundred square foot ADU with a four-foot side and rear yard setback. Upon said demonstration, the Town will reduce the front yard setback as needed to accommodate said ADU.

(4)

No setback shall be required for an existing living area or accessory structure that is fully or partially converted to an ADU, or for a structure constructed in the same location and to the same dimensions as an existing living area or accessory structure that is fully or partially converted to an ADU.

(e)

Height. Whenever an ADU is a portion of another structure, its height shall be measured from the base of that structure. ADUs shall be subject to all of the following requirements related to height.

(1)

Except as provided in Subsections (2)-(6) of this section, a detached ADU shall not exceed sixteen feet in height as measured in conformance with Section 18.04.335—Height, building or structure.

(2)

Detached ADUs on a lot with an existing or proposed single-family or multifamily dwelling unit shall not exceed eighteen feet in height, if the dwelling unit is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in California Public Resources Code Section 21155. Such units are allowed an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

(3)

A detached ADU on a lot with an existing or proposed multifamily, multistory dwelling shall not exceed eighteen feet in height.

(4)

If the detached ADU is in the flood plain and required to be elevated by federal, state, or local law, the unit may exceed sixteen feet in height only to the extent necessary to accommodate the required elevation and only up to a maximum of twenty feet. Such units are required to increase rear and side yard setbacks by one foot for every additional foot allowed under this subsection.

(5)

An attached ADU shall not exceed twenty-five feet in height, or the height limit that applies to the primary dwelling, whichever is lower. Notwithstanding the prior sentence, an accessory dwelling unit may not exceed two stories.

(6)

An ADU located above a detached garage shall not exceed twenty-five feet in height. Such units are required to meet the setback requirements of the underlying zoning district.

(f)

Size. ADUs shall be subject to all of the following requirements related to size.

(1)

Except as provided in Subsection (2) below, ADUs shall be limited to the following maximum sizes:

(2)

ADUs may exceed the maximum unit sizes provided in Subsection (1) above following approval of a discretionary Design Review application by the Planning Commission. In no case shall an ADU exceed one thousand two hundred square feet of gross floor area.

(3)

The gross floor area of attached or interior ADUs shall not exceed fifty percent of the existing living area (as defined in California Government Code Section 66313, as amended from time to time) of the primary residence. Notwithstanding the prior sentence, an attached or interior ADU may contain at least the maximum size set forth in Section 18.31.080(f)(1).

(4)

The minimum allowable gross floor area of an ADU shall be the minimum size permitted by the Building Code at the time of application, but in no case shall it preclude a minimum sized efficiency unit.

(5)

The square footage of a new detached garage constructed to provide required parking for the ADU shall be included in the overall size of the ADU.

(g)

Floodplain. An attached or detached ADU located in a floodplain shall comply with Title 16 of the CMMC.

(h)

Permits from Other Agencies. As part of the application for an ADU permit or building permit, the applicant shall provide approved permits from the appropriate agency(cies) or written statements that a permit is not required from the local, state or federal agencies with jurisdictions over construction activities at the project site.

(i)

Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an ADU shall not trigger any requirement for fire sprinklers to be installed in the existing primary dwelling unit or existing multifamily dwelling.

(j)

Modifications of Existing Multifamily Dwellings. If an existing multifamily dwelling has a rear or side setback of less than four feet, no modifications of the multifamily dwelling shall be required as a condition of approving the construction of an ADU.

(k)

Notwithstanding the above development standards, an attached or detached ADU may reduce the applicable rear yard or side yard setback requirements to four feet and may exceed applicable lot coverage

and floor area ratio, pursuant to state law. The maximum allowable size of any ADU that exceeds standards related to lot coverage or floor area ratio, or reduces rear or side setback beyond otherwise applicable standards, is eight hundred square feet of gross floor area.

(Ord. No. 1043, § 5, 12-17-2024)

ADUs that do not qualify as a Statewide Exemption ADU shall be subject to the following additional development standards:

(a)

Lighting. All exterior lighting, including landscape lighting, must be dark sky compliant and/or have a BUG (Backlight, Uplight, Glare) rating of B3 or less, U0 for area lighting, U2 or less for all other outdoor lighting (including decorative luminaires), and G2 or less. All new exterior lighting must be designed and installed so that the filaments, light sources or lenses are shielded with opaque materials in such a way that they will not be visible at property lines. The exterior lights shall have a color temperature of 3500 Kelvin or lower (warm not cool).

(b)

Landscaping. Any tree over thirty inches in circumference removed in conjunction with the construction of an ADU must be replaced by a minimum twenty-four inch box tree on the project site, unless it is determined by the Fire Marshal that replacement planting is not consistent with current vegetation management standards.

(c)

Windows and Doors.

(1)

All new windows that face a side or rear yard adjoining a side or rear yard of an adjoining property and are located within fifteen feet of the shared property line shall be clerestory (minimum of six and five tenths feet above the finished floor height). This standard shall not apply if the structure on the adjoining property only has clerestory windows or solid doors on the elevation that faces the ADU.

(2)

All new doors that face a side or rear yard adjoining a side or rear yard of an adjoining property and are located within fifteen feet of the shared property line shall be solid. This standard shall not apply if the structure on the adjoining property only has clerestory windows or solid doors on the elevation that faces the ADU.

(3)

Non-clerestory windows or non-solid doors may be allowed on the building elevation that faces the side or rear yard adjoining a side or rear yard of an adjoining property located within fifteen feet of that shared

property line following approval of a discretionary Design Review application by the Zoning Administrator, or with written approval from the adjoining property owner whose property faces the window(s) and/or doors.

For purposes of this Subsection (c), an adjoining property means a property that touches at some point the property with the ADU.

(d)

Balconies and decks. A balcony or deck constructed as part of an ADU shall comply with Section 18.24.050.

(e)

Grading. The site grading associated with the construction of an ADU, including associated site work, shall not exceed fifty percent of the volume of the structure. The volume of the structure shall not include area above the height of perimeter walls, such as the volume of attic space associated with a pitched roof.

(f)

Roof pitch. The roof pitch of an ADU constructed over an existing or proposed garage shall match the roof pitch of the existing or proposed residence.

(Ord. No. 1043, § 5, 12-17-2024)

JADUs are subject to the following objective standards.

(a)

Entryways. A JADU must include a separate entrance from the main entrance to the primary residence and may include an interior entry to the main living area. If an interior entry to the main living area is provided, the JADU may include a second interior doorway for sound attenuation.

(b)

Location. The JADU must be created within the walls of an existing or proposed single-family residence. Any enclosed uses within the residence, such as an attached garage, shall be considered as part of an existing residence.

(c)

Kitchen. The JADU shall include an efficiency kitchen as defined in California Government Code Section 66333(f).

(d)

Bathroom. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. If the JADU shares sanitation facilities with the existing structure, the JADU shall include

an interior entry to the existing structure.

(e)

Size. The size of a JADU shall not exceed five hundred square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of the unit.

(Ord. No. 1043, § 5, 12-17-2024)

(a)

Unless otherwise specified in Section (b) below, one on-site parking space in a location permitted pursuant to this chapter shall be required for an attached or detached ADU as defined in Section 18.31.020 above. This parking space is in addition to those spaces required for the primary residence.

(b)

On-site parking is not required for an ADU in any of the following instances:

(1)

The ADU is located within one-half mile walking distance of public transit as defined in Section 18.31.020 above.

(2)

The ADU is located within an architecturally and historically significant historic district.

(3)

The ADU is contained entirely within an existing structure as defined in Section 18.31.020 above.

(4)

When on-street parking permits are required but not offered to the occupant of the ADU.

(5)

When there is a car share vehicle located within one block of the ADU.

(6)

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or new multifamily dwelling on the same parcel, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this Paragraph (b).

(c)

The required parking space for the ADU may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. The required parking space for the ADU may be located within the required front yard setback within the existing driveway or proposed expanded driveway or within the front setback between an existing driveway and the closest side property line.

(d)

When a garage, carport, covered or uncovered parking structure is demolished in conjunction with the construction of an ADU or is converted to an ADU, the space(s) eliminated from that structure are not required to be replaced elsewhere on the lot.

(Ord. No. 1043, § 5, 12-17-2024)

Sections 18.18.400—18.18.425 of the Municipal Code establishes limits on the number of ADUs and JADUs that can be created within portions of the Christmas Tree Hill Overlay District. These limitations are in place because of the public safety issues that arise related to fire hazards and evacuation routes due to the unique physical constraints on Christmas Tree Hill. The Central Marin Fire Department has advised that this neighborhood cannot safely accommodate increased density. The combined number of ADUs and JADUs in the ADU capacity districts of Christmas Tree Hill is limited to ten percent of the total number of primary residential units. The combined number of ADUs and JADUs in the ADU capacity zones in Christmas Tree Hill Overlay District shall not exceed the total number permitted by Sections 18.18.405(3)(J) and 18.18.410 of this title.

(Ord. No. 1043, § 5, 12-17-2024)

The decision of the Community Development Director granting or denying an ADU permit is a ministerial decision as required by state law, and shall not be subject to a public hearing. Following the decision of the Community Development Director, a request for a review of the record must be filed within ten calendar days of the date of the decision with the Town Clerk. Within ten calendar days after receipt of the request for review of the record, the Town Manager, or his/her designee, shall conduct a review of the record based on all documents submitted as part of the application and review process. For the purpose of calculating the ten days for review of the record, the request for review will be deemed to be received on the first day Town Hall is open to the public after receipt of the request. The ADU applicant and individual(s) filing for the review shall be notified in writing of the decision and such decision shall be final.

(Ord. No. 1043, § 5, 12-17-2024)

At his/her discretion, the Community Development Director or his/her designee may grant an owner's request to terminate an ADU/JADU. As a condition of termination, the Community Development Director or his/her designee shall require the owner to make modifications to the property to comply with current

building code requirements, and remove the kitchen in the ADU/JADU. The property owner shall apply for a building permit to remove the kitchen as required by the Town's building and fire codes.

(Ord. No. 1043, § 5, 12-17-2024)

Chapter 18.31A - TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS

18.31A.010 - Purpose.

The purpose of this chapter is to establish a ministerial review process and provide objective zoning standards for Two-Unit Developments and Urban Lot Splits within single-family residential zones, to implement the provisions of state law as reflected in Government Code Section 65852.21 et seq. and Section 66411.7 et seq., facilitate the development of new residential housing units consistent with the Town's General Plan and ensure sound standards of public health and safety.

(Ord. No. 1025, § 10, 12-6-2022; Ord. No. 1058, § 7, 2-3-2026)

18.31A.020 - Authority.

The town council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code Sections 65852.21 et seq. and 66411.7 et seq.

(Ord. No. 1025, § 10, 12-6-2022)

18.31A.030 - Definitions.

Terms defined in Government Code § 65852.21 shall apply to this chapter and shall control in the event of a conflict between definitions in this chapter and definitions in Government Code § 65852.21.

The following definitions shall also apply to this chapter:

A person "acting in concert with the owner," as used in Section 18.31A.040(b)(8) of this chapter, below, means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

"Adjacent parcel" means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.

"Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

"Common ownership or control" means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

"Lower income household" has the meaning set forth in Health & Safety Code Section 50079.5.

"Moderate income household" has the meaning set forth in Health & Safety Code Section 50093.

"Newly created lot" means both lots created by an Urban Lot Split.

"Right-of-way" means an area or strip of land, either public or private, on which a right-of-passage has been established for the use of vehicles or pedestrians or both. The area or strip of land shall only be considered a right-of-way for the uses for which it has been improved and/or used. If a right-of-way has been improved and used only for non-vehicular passage, it shall not be considered a vehicular right-of-way.

"Street" means an improved right of way, other than an alley, whether public or private, which provides the principal means of vehicular access to abutting property.

"Sufficient for separate conveyance," as used in subsections 18.31A.040(b)(14) and 18.31A.050(b)(7)(F) of this chapter, below, means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

"Tenant" means an individual who has acquired a legal right to temporarily occupy real property in consideration of payment of rent.

"Urban Lot Split" means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this chapter.

"Very low income household" has the meaning set forth in Health & Safety Code Section 50105.

(Ord. No. 1025, § 10, 12-6-2022; Ord. No. 1058, § 7, 2-3-2026)

18.31A.040 - Urban lot split.

(a)

The Zoning Administrator, in consultation with the Public Works Director, shall ministerially review an application for a parcel map that subdivides an existing parcel to create no more than two new parcels in an Urban Lot Split, and shall approve the application if the criteria in Government Code Section 66411.7 and this section are satisfied.

Approval of an Urban Lot Split application is a ministerial act, and therefore is not subject to the California Environmental Quality Act.

At least 10 days prior to rendering a decision, the Planning Division shall mail a courtesy notice to all owners of property within 300 feet of the site of the Urban Lot Split. The notice shall have a brief description of the project and state that this is a ministerial application that is not subject to Design Review, public hearing, or discretionary review.

No exceptions to the standards in this section shall be requested or granted except as mandated by Government Code Section 66411.7.

A decision to approve or deny an Urban Lot Split shall be final ten (10) calendar days following the date of approval unless an interested party files a written request for review of the record to the Town Manager as provided in subsection (5), below.

Review of the record. The decision of the Zoning Administrator granting or denying an Urban Lot Split is a ministerial decision as required by state law and shall not be subject to a public hearing. Following the decision of the Zoning Administrator, a request for a review of the record must be filed with the Town Clerk within ten calendar days of the date of the decision. Within ten calendar days after receipt of the request for review of the record, the Town Manager, or his/her designee, shall conduct a review of the record based on all documents submitted as part of the application and review process. In calculating the ten days for review of the record, the request for review will be deemed to be received on the first day Town Hall is open to the public after receipt of the request. The fee to request a review shall be the fee established in the adopted fee schedule in effect at the time of submittal. The Urban Lot Split applicant and individual(s) filing for the review shall be notified in writing of the decision and such decision shall be final.

(b)

Within forty days, the Zoning Administrator shall determine if the parcel map for the Urban Lot Split meets all the following requirements:

The parcel is located within one of the following single-family residential zones: R-1 (Medium Density Residential), R-1-A (Low Density Residential), R-1-B (Very Low Density Residential) or R-1-C (Open Residential).

The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code.

Both resulting parcels are no smaller than 1,200 square feet.

Neither resulting parcel shall be smaller than 40 percent of the lot area of the parcel proposed for the subdivision.

The proposed lot split would not require demolition or alteration of any of the following types of housing:

A.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low- or very low-income.

B.

Housing that is subject to any form or rent or price control through a public entity's valid exercise of its police powers.

C.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent applies for an Urban Lot Split.

D.

Housing that has been occupied by a tenant in the last three years.

The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a Town landmark or historic property or historic district pursuant to a Town ordinance.

The parcel being subdivided was not created by an Urban Lot Split as provided in this section.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this section.

The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the T3 Edge Neighborhood Zone of Title 22; provided, however, that:

A.

The Zoning Administrator, or that person's designee, shall waive or modify any standard if the standard would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet. Any

modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each on each parcel.

B.

Notwithstanding subsection (9)(A) above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure, or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

Parcels shall have frontage on a street. Notwithstanding the forgoing, the Zoning Administrator shall grant an exception to this requirement if it would preclude the creation of the new lot.

Each resulting parcel shall have access to, provide access to, or adjoin the public vehicular right-of-way.

Access.

A.

All new Two-Unit Development units located more than 150 feet from a frontage roadway shall be accessible to fire department apparatus by way of an approved fire apparatus access road at least twenty (20) feet in clear width with an approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.

B.

Driveways that provide access to new units that are located in the Wildland Urban Interface (WUI), as determined by the Central Marin Fire Department, shall have a minimum width of 16 feet.

C.

The gradient for fire apparatus access roads and driveways shall not exceed 18%.

D.

All curb cuts and driveway access shall conform to Standard 210 of the Central Marin Fire Department.

Fire Suppression Standards

A.

A solid (no openings) one-hour fire rated wall is required between any Two-Unit Development unit and the primary dwelling unit, an ADU, or other Two-Unit Development unit.

B.

If two Two-Unit Development unit are configured as a duplex on a parcel, a solid one-hour fire wall between the units is required.

C.

All new Two-Unit Development units are required to have fire sprinklers.

D.

A fire hydrant that can supply a minimum of 1,000 gallons per minute must be located within 350 feet of the front of any new Two-Unit Development unit.

Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The proposed dwelling units shall provide separate utility connection directly between each dwelling unit and the utility.

For lots that have existing residential units, parking for the existing units shall be provided in accordance with the requirements in Chapter 18.20 (Off-street Parking & Loading).

One parking space shall be required per new unit constructed on a parcel created pursuant to the procedures in this section, and in a location as set forth in Section 22.03.030(3), except that no parking is required where:

A.

The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

B.

There is a designated parking area for one or more car-share vehicles within one block of the parcel.

(c)

If any existing housing is proposed to be altered or demolished, the owner of the property proposed for the Urban Lot Split shall sign an affidavit, in the form approved by the Town Attorney. The affidavit must address all matters related to the protection for rental housing in Gov. Section 66511,7(a)(3)(D) and (a)(4) and subparagraph (b)(5) of this Section.

(d)

Only residential uses are allowed on a parcel created by an Urban Lot Split.

(e)

The applicant for an Urban Lot Split shall sign the following affidavits, all in the form approved by the Town Attorney:

A statement that the applicant intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. This subsection shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

If any existing housing is proposed to be altered or demolished, the owner of the property's statement that none of the conditions listed in Section 18.31A.040(b)(5) above exist. This affidavit shall include a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).

The owner and applicant shall also sign an affidavit stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an Urban Lot Split.

(f)

Within 30 days of the recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the Town Attorney, which shall run with the land and shall contain the provisions listed below. The Town will not issue a building permit prior to the recordation to this covenant agreement.

A prohibition against further subdivision of the parcel using the Urban Lot Split procedures as provided for in this section;

A limitation restricting the property to residential uses only; and

A requirement that any dwelling units on the property may be rented or leased only for a period longer than thirty (30) days.

The Town Manager or that person's designee is authorized to enter into the covenant and agreement on behalf of the Town and to deliver any approvals or consents required by the covenant.

(g)

In addition to the criteria listed in this section, a proposed Urban Lot Split may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety, as defined and determined in Section 65589.5(d)(2) for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(h)

The Town Attorney shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the Town from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 1025, § 10, 12-6-2022; Ord. No. 1058, § 7, 2-3-2026)

18.31A.050 - Two-unit development—Eligibility and requirements.

(a)

General. The Zoning Administrator or that person's designee shall review ministerially, without a hearing, an application for a Two-Unit Development and shall approve the application if all the criteria in Government Code Section 65852.21 and this section are satisfied.

(b)

Qualifying Criteria. The Zoning Administrator or that person's designee shall determine if the Two-Unit Development meets all the following requirements:

The parcel is in an R-1, R-1-A, R-1-B, or R-1-C zoning district.

The parcel satisfies the requirements specified in California Government Code Section 65913.4(a)(6)(B) through (K) as that section read on September 16, 2021.

Notwithstanding any provision of this section or any local law, the proposed Two-Unit Development would not require the demolition or alteration of any of the following types of housing:

A.

Housing that is subject to recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low-, or very low-income.

B.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

C.

Housing that has been occupied by a tenant in the last three years.

The parcel is not a parcel on which an owner of residential real property has exercised the owner's right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within the last 15 years before the date that applicant applies for the Two-Unit Development.

The proposed Two-Unit Development does not include the demolition or alteration of the existing structure unless the site has not been occupied by a tenant in the last three years.

The proposed Two-Unit Development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Town landmark or historic property or historic district pursuant to a Town ordinance.

The proposed Two-Unit Development complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel for a house or a duplex (side by side) as those terms are used in Section 22.03.030. Except as otherwise provided in this subsection, a house shall comply with the standards set forth in Section 22.06.040 and a duplex side-by-side shall comply with the standards set forth in Section 22.06.050.

A.

The Zoning Administrator, or that person's designee, shall modify or waive any standard except those imposed in subsections (b)(7)(C) and (D) if the standard would have the effect of physically precluding the construction of two units on the parcel or would result in a unit size of less than 800 square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each on each parcel.

B.

A new dwelling unit may exceed the size limits in subsection (b)(7)(A) under the following circumstance:

i.

If the unit complies with the setbacks for the T3 Edge Neighborhood Zone, as set forth in Section 22.03.030 of the Municipal Code, the unit size may be a maximum of 1,200 square feet.

C.

Except as provided in subsection (b)(7)(E), below, the required rear and side yard setbacks shall be a minimum of four feet, except that no setback shall be required for an existing legally created structure, or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

D.

Except as provided in subsection (b)(7)(E), below, the maximum height of any new dwelling units shall not exceed 16 feet as measured in conformance with Section 18.04.335 - "Height, building or structure."

E.

A new dwelling unit may exceed the height limits in subsection (b)(7)(D) under the following circumstances:

i.

If the unit complies with the setbacks for the T3 Edge Neighborhood Zone, as set forth in Section 22.03.030 of the Municipal Code, the maximum height shall be as prescribed in subsection 4 (Building Form) of the T3 Edge Neighborhood Zone.

ii.

If the unit is in the flood plain and required to be elevated by federal, state, or local law, and does not comply with the side yard or rear yard setbacks set forth in Section 22.03.030, that unit may exceed 16 feet in height only to the extent necessary to accommodate the required elevation and only up to a maximum of 20 feet in height. Such units are required to increase rear and side yard setbacks by one foot for every additional foot in height allowed under this subjection.

F.

Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The proposed Two-Unit Development shall provide separate utility connections directly between each dwelling unit and the utility.

G.

Parking. One parking space shall be required per unit constructed via the procedures set forth in this section and in a location as set forth in Section 22.03.030, except that the Town shall not require any parking where:

i.

The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

ii.

There is a designated parking area for one or more car-share vehicles within one block of the parcel.

H.

Privacy Standards. Proposed Two-Unit Development shall comply with the privacy standards set forth in Section 22.05.070.

I.

Landscaping & Lighting. Proposed Two-Unit Development shall comply with the landscaping and lighting standards set forth in Sections 22.05.030(3) and 22.05.030(4), excluding subsection (d).

J.

Fences and walls. Refer to Section 18.24.050 for regulations that apply to fences and walls.

K.

Swimming pools & hot tubs. Refer to Section 18.08.030(3) for swimming pool and hot tub regulations.

L.

Dwelling units created by a Two-Unit Development may be used for residential uses only. Any other use is subject to the full requirements of this title. The dwelling units may not be used for rentals for less than 30 days.

M.

If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

(c)

If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a Two-Unit Development shall sign an affidavit, in the form approved by the Town Attorney. The affidavit must address all matters related to the protection for rental housing in Section 65852.21(a)(3) and (4).

(d)

This subsection provides standards to ensure fire department access to new units established under Government Code Section 65852.21 and to ensure that any such new unit established does not create any significant impacts with regards to public safety.

Fire Department Access.

A.

All new Two-Unit Development units located more than 150 feet from a frontage roadway shall be accessible to fire department apparatus by way of an approved fire apparatus access road at least twenty

(20) feet in clear width with an approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.

B.

Driveways that provide access to new units that are located in the Wildland Urban Interface (WUI), as designated by the Central Marin Fire Department, shall have a minimum width of 16 feet.

C.

The gradient for fire apparatus access roads and driveways shall not exceed 18%.

D.

All curb cuts and driveway access shall conform to Standard 210 of the Central Marin Fire Department.

Fire Suppression Standards.

A.

A solid (no openings) one-hour fire rated wall is required between any Two-Unit Development unit and the primary dwelling unit, an ADU, or other Two-Unit Development unit.

B.

If two Two-Unit Development units are configured as a duplex on a parcel, a solid one-hour fire wall between the units is required.

C.

All new Two-Unit Development units are required to have fire sprinklers.

D.

A fire hydrant that can supply a minimum of 1,000 gallons per minute must be located within 350 feet of the front of any new Two-Unit Development unit.

(e)

The Town Attorney shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the Town from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 1025, § 10, 12-6-2022; Ord. No. 1058, § 7, 2-3-2026)

18.31A.060 - Two-unit development—Procedure.

(a)

Applicability. This Section applies to Two-Unit Development projects that meet the criteria of Section 18.31A.050 and applying for approval under Government Code § 65852.21. This section replaces the Town's procedures for reviewing non-discretionary applications with respect to such projects.

(b)

Application Filing and Initial Review.

An applicant shall file an application for a Two-Unit Development with the Planning Division on a form provided by the Town, accompanied by the required fee. If the Town has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.

Completeness Review: Within 30 days of receiving the application, the Planning Division will determine and notify the applicant whether the application is complete and/or eligible. If staff determines that the application is incomplete, the notification shall include a detailed description of the information needed to complete it.

(c)

Compliance Review:

The Zoning Administrator's review shall be limited to consistency with Government Code Section 65852.21 and the then-current objective standards applicable under this chapter.

At least 10 days prior to rendering a decision, the Planning Division shall mail a courtesy notice to all owners of property within 300 feet of the Two-Unit Development. The notice shall have a brief description of the project and state that this is a ministerial application that is not subject to Design Review, public hearing, or discretionary review.

The Zoning Administrator shall render a decision on the project within 40 days of determining the application is complete or the application shall be deemed approved.

(d)

Decision on the Project.

The Zoning Administrator shall approve the project if it complies with Section 68582.21 and the then- applicable objective standards in this chapter.

Approval of a Two-Unit Development application is a ministerial act, and therefore is not subject to the California Environmental Quality Act.

The Zoning Administrator may grant an exception to the requirements of this section for a Two-Unit Development, but only to the extent required by Government Code Section 66852.21(b) to avoid physically precluding either of the two units from being 800 square feet.

The Zoning Administrator may impose such conditions of approval that are objective, broadly applicable to housing in the Town and consistent with Section 68582.21.

If the Zoning Administrator finds that the project is non-compliant, staff will provide the applicant with notice of the standards not met by the project and an explanation of the conflict with each such standard. The applicant may re-submit the application with corrections to achieve compliance. The Zoning Administrator shall review the resubmitted application and render a finding regarding compliance within 30 days.

In addition to the criteria listed in Section 18.31A.050, a proposed Two-Unit Development may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety, as defined and determined in Section 65589.5(d)(2) for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

If the project is ineligible for processing and approval under Section 65852.21 and this chapter, the applicant may submit the project under other applicable chapters of this title.

Any modifications proposed following the approval of the project shall be submitted to the Planning Division for review and approval. The Zoning Administrator shall review the post approval project modifications to ensure the modifications comply with Section 68582.21 and the applicable objective standards in Section 18.31A.050(b) and Title 22.

The fee for a review request shall be the fee established in the adopted fee schedule in effect at the time of submittal.

(e)

Subsequent Review of the Record. The decision of the Zoning Administrator granting or denying a Two- Unit Development is a ministerial decision as required by state law and shall not be subject to a public hearing. Following the decision of the Zoning Administrator, an interested party may request in writing a review of the record with the Town Clerk within ten calendar days of the date of the decision. Within ten calendar days after receipt of the request for review of the record, the Town Manager, or his/her designee, shall conduct a review of the record based on all documents submitted as part of the application and review process. In calculating the ten days for review of the record, the request for review will be deemed to be received on the first day that Town Hall is open to the public after receipt of the request. The fee to request a review shall be the fee established in the adopted fee schedule in effect at the time of submittal. The Two-Unit Development applicant and individual(s) filing for the review shall be notified in writing of the decision and such decision shall be final.

(f)

Subsequent Permits.

A Two-Unit Development shall comply with applicable state and local building codes and shall require approval of a building permit. The Town shall ministerially approve or disapprove a complete building permit application, without discretionary review. The following information shall be submitted with the building permit application:

A.

For projects located in in a Special Flood Hazard Area, as indicated by the Federal Emergency Management Agency's most recent flood insurance study and accompanying maps, the applicant shall demonstrate compliance with Government Code Section 65913.4(a)(6)(G) and an Elevation Certificate based on construction drawings and a final Elevation Certificate shall be required prior to project final.

B.

A recorded survey shall be provided to demonstrate the required setbacks and a surveyor shall verify the setback prior to completion of any foundation.

Prior to the issuance of a building permit, the applicant shall record a restrictive covenant and agreement in the form prescribed by the Town Attorney, which shall run with the land and provide for the following:

A.

A limitation restricting the property to residential uses only; and

B.

A requirement that any dwelling units on the property may be rented or leased only for a period of longer than thirty (30) days.

The Town Manager or that person's designee is authorized to enter into the covenant and agreement on behalf of the Town and to deliver any approvals or consents required by the covenant.

(g)

In addition to the criteria listed in this section, a proposed Two-Unit Development may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety as defined and determined in Section 65589.5(d)(2) for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 1025, § 10, 12-6-2022; Ord. No. 1058, § 7, 2-3-2026)

Chapter 18.31B - EMERGENCY SHELTERS; LOW BARRIER NAVIGATION CENTERS

18.31B.010 - Purpose.

The purpose of this chapter is the following:

(a)

To facilitate the development and maintenance of emergency shelters by designating zoning districts with capacity to meet the need for emergency shelters for the homeless and where such shelters can be allowed without discretionary approval by the town; and

(b)

To allow low barrier navigation centers as required by state law.

(Ord. No. 1034, § 11, 6-4-2024)

18.31B.020 - Emergency shelters.

(a)

Emergency shelters are a permitted use in the Mixed-Use (MX-1) District. An emergency shelter shall comply with the standards of this section.

(b)

Performance and Development Standards. An emergency shelter shall meet the following performance and development standards:

(1)

On-site management and on-site security shall be provided during hours when the emergency shelter is in operation.

(2)

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and have a color temperature of three thousand five hundred Kelvin or lower (warm not cool). All exterior lighting shall be certified as dark sky compliant by the International Dark-Sky Association or have a Backlight, Up light and Glare (BUG) rating of B3 or less, U0 for area lighting (including outdoor parking areas), U2 or less for other outdoor lighting (including decorative luminaires), and G2 or less.

(3)

Off-street parking requirements shall be sufficient to accommodate the maximum number of staff working at the emergency shelter at the same time, provided that the standards do not require more parking for emergency shelters than for other residential or similar commercial uses within the Mixed-Use District.

(4)

The shelter must provide an interior waiting and intake area consisting of at least two hundred square feet.

(5)

Parking and outdoor facilities shall be designed to provide security for residents, visitors, employees, and the surrounding areas. Outdoor areas shall be designed to maintain lines of sight through the property and from adjacent properties. Lighting, fencing, and landscaping shall be designed to provide clear sight lines for authorized users of the facilities.

(c)

The agency or organization operating the emergency shelter shall comply with the following requirements:

(1)

Temporary shelter shall be available to residents for no more than six months.

(2)

No individual or household may be denied emergency shelter because of an inability to pay.

(3)

The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) nightly shall not exceed sixteen persons.

(4)

Staff and services shall be provided to assist residents to obtain permanent shelter and income.

(5)

Prior to commencing operation, the shelter operator shall submit to the Community Development Department a written management plan including, as applicable, hours of operation, admission hours,

intake process, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and information on training, counseling, and treatment programs for residents.

(d)

No emergency shelter shall be located within three hundred feet of another emergency shelter site.

(Ord. No. 1034, § 11, 6-4-2024)

18.31B.030 - Low Barrier Navigation Centers.

(a)

A low barrier navigation center project that complies with this chapter is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses. The provisions of this section shall apply to all low barrier navigation center projects.

(b)

A permit is required prior to the establishment of any low barrier navigation center project. Applicants for said permit shall file an application with the community development department, which shall process the application on a ministerial basis, without discretionary review or a hearing. The community development department shall notify a developer whether the developer's application is complete within thirty days, pursuant to California Government Code Section 65943. The town will act on the application within sixty days of its being complete.

(c)

The community development director, or that person's designee, shall approve a low barrier navigation center permit if the project meets the following requirements:

(1)

It complies with all requirements of Section[s] 18.31B.020(b), (c) and (d).

(2)

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

(3)

It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing.

(4)

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

(5)

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system.

(Ord. No. 1034, § 11, 6-4-2024)