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Home My WebLink AboutTC Ord 2022-01-19TIBURON TOWN COUNCIL ORDINANCE NO. 593 N.S. January 19, 2022 ORDINANCE NO. 593 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PART OF MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) RELATING TO LOT COVERAGE REQUIREMENTS AND ASSOCIATED DEVELOPMENT STANDARDS WHEREAS, On July 29, 2021, and September 23, 2021, the Design Review Board held two duly noticed study sessions and considered public testimony to assess current policies and development standards with the goal to assure preservation of essential residential character in various neighborhoods in the Town. WHEREAS, On September 23, 2021, after public testimony and deliberation, the Design Review Board recommended changes to the zoning code to the Planning Commission and Town Council for adoption. WHEREAS, On October 27, 2021, Planning Commission did hold a duly noticed and advertised public hearing, received testimony, reviewed the draft ordinance, recommended revisions, and adopted Resolution No. 2021-008 recommending to the Town Council that various text amendments, as revised, be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. WHEREAS, The Town Council held a duly noticed public hearing on December 15, 2021 regarding the Planning Commission’s recommendation on various amendments made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code, reviewed the draft ordinance, and considered all public testimony on the proposed ordinance. NOW THEREFORE, the Town Council of the Town of Tiburon, does ordain as follows: SECTION 1. FINDINGS. A. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. B. The Town Council, pursuant to Tiburon Municipal Code section 16-68.060 affirms the recommendation of approval of the amendments to the Zoning Ordinance recommended by the Planning Commission described in Section 2 below, and who made the following findings: • The amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. • 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. DocuSign Envelope ID: 4053B63B-BFFF-4DE2-83D9-F66F9D8B7124 TIBURON TOWN COUNCIL ORDINANCE NO. 593 N.S. January 19, 2022 C. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, as well as being exempt from CEQA under the “general rule”, pursuant to Section 15061(b)(3) of the CEQA Guidelines. Therefore, no further environmental review is necessary. D. The Ordinance to amend various parts of the Municipal Code, Title IV, Chapter 16 (zoning) relating to lot coverage requirements and associated development standards was placed on the consent calendar and adopted by the Town Council on January 19, 2022. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code is amended as follows: (A) Section 16-21.040 (Table 2-2) RESIDENTIAL ZONES DEVELOPMENT STANDARDS is amended as follows: Zone Minimum Lot Area Maximum Lot Coverage Required Lot Width Minimum Setback Requirements1 Height Limit Maximum FAR Front Sides Rear Primary Accessory R-1 10,000 square feet (s.f.) One-story development: Same as Maximum FAR; Two- story or multi-story development: 30% 40 ft. 15 ft. 8 ft. 20% depth of lot or 25 ft. (whichever is less) 30 ft. 15 ft. See Section 16- 52.020.I R-1- B-A 20 ft. 6 ft. R-1- B-2 25 ft. 10 ft. RO-1 40,000 s.f. 15% 70 ft. 30 ft. 20 ft. RO-2 20,000 s.f. 15% 50 ft. 30 ft. 15 ft. DocuSign Envelope ID: 4053B63B-BFFF-4DE2-83D9-F66F9D8B7124 TIBURON TOWN COUNCIL ORDINANCE NO. 593 N.S. January 19, 2022 R-2 7,500 s.f.2 35% 40 ft. 15 ft. 8 ft. 3,750 s.f. per dwelling2 R-3 10,000 s.f. 30% — 8 ft. .60 3,500 s.f. per dwelling RPD Established by adopted master/precise plan or precise development plan for development 30 ft.3 15 ft.3 See section 16- 52.020.I RMP Established by adopted master/precise plan or precise development plan, or condominium plan for development .304 Notes: 1. Some older planned development approvals do not specify setback requirements, in which case appropriate setbacks are determined by site plan and architectural review. 2. In the R-2 zone, where a lot is contiguous with a submerged or tide lot that lies entirely or partially in the M zone, and all of such property is under the same ownership, the total area of such contiguous lots may be used in determining whether the minimum lot area requirements have been met. Notwithstanding any other provision of this Section to the contrary, no building or accessory building or part thereof shall extend seaward of the zone boundary line between the R- 2 zone and the M zone other than as may be permitted in compliance with the regulations of the M zone (division 16-25). 3. Unless otherwise specified in a precise development plan. 4. Unless otherwise specified in a Precise Development Plan. DocuSign Envelope ID: 4053B63B-BFFF-4DE2-83D9-F66F9D8B7124 TIBURON TOWN COUNCIL ORDINANCE NO. 593 N.S. January 19, 2022 (B) i. Section 16-52.020 (I) (Table 5-2) FLOOR AREA RATIO GUIDELINES is amended as follows: R-1, R-1-B Zones Area of Property Gross Floor Area Maximum Less than 7,500 sq. ft. 35% of the property area, plus an additional 450 sq. ft. of garage or carport 7,500 sq. ft. through 60,000 sq. ft. 10% of the property area plus 2,000 sq. ft. plus an additional 600 sq. ft. of garage or carport More than 60,000 sq. ft. 8,000 sq. ft. plus an additional 750 sq. ft. of garage or carport. RO, R-2, and RPD1 Zones Area of Property Gross Floor Area Maximum Less than 7,500 sq. ft. 35% of the property area, plus an additional 600 sq. ft. of garage or carport 7,500 sq. ft. through 60,000 sq. ft. 10% of the property area plus 2,000 sq. ft. plus an additional 600 sq. ft. of garage or carport More than 60,000 sq. ft. 8,000 sq. ft. plus an additional 750 sq. ft. of garage or carport. R-3 and RMP Zones Area of Property Gross Floor Area Maximum R-3 .60, unless otherwise specified in a Precise Development Plan or equivalent permit RMP .30, unless otherwise specified in a Precise Development Plan or equivalent permit Notes: 1. Unless otherwise specified by Precise Development Plan or equivalent permit. DocuSign Envelope ID: 4053B63B-BFFF-4DE2-83D9-F66F9D8B7124 TIBURON TOWN COUNCIL ORDINANCE NO. 593 N.S. January 19, 2022 ii. Section 16-52.020 (I) (Table 5-2) (a) EXAMPLES (1) is amended as follows: ‘(1) Example No. 1. A seven-thousand-four-hundred-square-foot lot generally could achieve a reasonable size and scale of residential construction with a maximum of two thousand five hundred ninety square feet (.35 x 7,400) of gross floor area, not including up to four hundred fifty square feet of garage or carport.’ iii. Section 16-100.020, a portion of DEFINITION FOR “FLOOR AREA, GROSS” is amended as follows: ‘Gross floor area shall not include the following six areas: 1. For residential uses, the first four hundred fifty square feet of garage or carport space on properties less than seven thousand five hundred square feet in area; or the first six hundred square feet of garage or carport space on properties equal to and between seven thousand five hundred square feet to sixty thousand square feet in area; or the first seven hundred fifty square feet of garage or carport space on properties greater than sixty thousand square feet in area; or the first two hundred fifty square feet of garage or carport space for each parking space required in compliance with parking requirements from section 16-32.040 (number of parking spaces required);’ (C) Section 16-52.020 (H)(3) GUIDING PRINCIPLES IN THE REVIEW OF APPLICATION is amended as follows: ‘3. Neighborhood character. The height, size, and/or bulk of the proposed project bears a reasonable relationship to the character of existing buildings in the vicinity. A good relationship of a building to its surroundings is important. For example, in neighborhoods consisting primarily of one-story homes, second-story additions shall be discouraged, and permitted only with increased setbacks, stepped back from the first floor, and other design features to minimize the intrusion on the neighborhood.’ SECTION 3. SEVERABILITY. If any 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 sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 4. PUBLICATION AND EFFECTIVE DATE. DocuSign Envelope ID: 4053B63B-BFFF-4DE2-83D9-F66F9D8B7124 TIBURON TOWN COUNCIL ORDINANCE NO. 593 N.S. January 19, 2022 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 of this 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 December 15, 2021, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on January 19, 2022, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: JON WELNER, MAYOR TOWN OF TIBURON LEA STEFANI, TOWN CLERK DocuSign Envelope ID: 4053B63B-BFFF-4DE2-83D9-F66F9D8B7124