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Tiburon council adopts updated ADU ordinance to align with state law; proposal to raise ADU cap to 1,200 sq ft fails
Summary
Council approved first reading of a repeal-and-replace update to Tiburon Municipal Code chapter on accessory dwelling units (ADUs) to conform with state law. A late amendment to increase the ministerial ADU maximum from 1,000 to 1,200 square feet (to allow a second bedroom) failed; the ordinance passed on original terms.
The Tiburon Town Council on Jan. 15 approved first reading of an ordinance to repeal and replace the town's ADU (accessory dwelling unit) rules to bring local code into conformity with state law and to reorganize permitting procedures and objective design standards.
Associate Planner Savannah Van Aken presented the staff report summarizing substantive changes required by state law (changes to permitting, height and parking rules, and clearer definitions for junior ADUs) as well as staff-initiated clarifications such as an added roof-deck subsection and more explicit objective standards. Van Aken said the proposed chapter rewrite organized definitions, provided a public-facing development-standards table and identified which ADU applications qualify for ministerial (non-discretionary) review.
During council discussion, Mayor Mary Thierault moved to amend the draft ordinance to increase the maximum ADU size to 1,200 square feet where there is more than one bedroom — a change she said would "allow for an additional bedroom...and help us meet our housing element commitments." That motion was seconded.
The amendment failed on roll call. The vote to approve the amendment was recorded as: Council member Nick Farr — yes; Council member Ryan — no; Vice Mayor Wellner — no; Mayor Mary Thierault — yes; Council member Fredericks — absent. After the amendment failed, the council then voted to pass first reading of the ordinance as proposed by staff (without the 1,200-square-foot change). The second motion passed on roll call: Farr — yes; Ryan — yes; Wellner — yes; Mayor Thierault — yes (Fredericks absent).
Savannah Van Aken told the council staff will return the ordinance for final adoption and that a redline (Exhibit 2) and an exhibit listing changes (Exhibit 3) were provided in the meeting packet. The ordinance replaces Chapter 16-52.100 of the Tiburon Municipal Code regulating ADUs and junior ADUs and clarifies ministerial review criteria, objective design standards, and updated definitions to comply with state law.
No public commenters addressed the ordinance during the hearing; councilmembers who opposed the 1,200-square-foot amendment said they were concerned that larger ministerial approvals reduce neighbor input on projects that could affect views and privacy.
Council instructed staff to proceed with the ordinance on the schedule presented; final adoption is expected at the council's next regular meeting.
