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Town Council Ordinance No. 597 N.S. Effective 06/17/2022
ORDINANCE NO. 597 N.S.
AN ORDINANCE OF THE TOWN OF TIBURON ADDING CHAPTER 14-3.313
(URBAN LOT SPLITS) TO CHAPTER 14 (SUBDIVISION OF LAND) AND CHAPTER
16.77 (TWO-UNIT HOUSING DEVELOPMENTS) TO CHAPTER 16 (ZONING) OF
THE TOWN OF TIBURON MUNICIPAL CODE, TO IMPLEMENT GOVERNMENT
CODE SECTIONS 66411.7 AND 65852.21 (SENATE BILL 9) RELATED TO URBAN
LOT SPLITS AND TWO-UNIT HOUSING DEVELOPMENTS
WHEREAS, SB-9 (Chapter 162, Statutes of 2021) enacted sections 66411.7 and
65852.21 to the Government Code, effective January 1, 2022; and
WHEREAS, these provisions require the Town to provide ministerial approval of urban
lot splits, (“Urban Lot Splits”) and the construction of up to two residential dwelling units
(“Two-Unit Developments”) on each single-family residential zoned lot within the Town, subject
to certain limitations; and
WHEREAS, Government Code section 66411.7(a) limits eligibility of Urban Lot Splits
by size and proportionality; and
WHEREAS, Government Code sections 66411.7(a)(3)(C) and 65852.21(a)(2) limit
Urban Lot Splits and Two-Unit Developments, respectively, to sites that are not located on or
within certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites,
earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for
conservation, habitats for protected species, and historic properties, unless projects on such sites
meet specified conditions; and
WHEREAS, Government Code sections 66411.7(a)(3)(D) and 65852.21(a)(3) through
(a)(5) limit eligibility of an Urban Lot Split and a Two-Unit Development, respectively, that
proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent
or price controls, housing that has been occupied by a tenant in the last three years, housing that
has been withdrawn from rent or lease within the past 15 years, and housing that requires
demolition of existing structural walls unless authorized by local ordinance or has not been
tenant-occupied within the past 3 years; and
WHEREAS, Government Code sections 65852.21(a)(6) and 66411.7(a)(3)(E) allow the
Town to deny an Urban Lot Split for properties within a historic district or listed on the State’s
Historic Resource Inventory or within a site that is designated or listed as a Town or county
landmark or historic property or district pursuant to a Town or county ordinance; and
WHEREAS, Government Code sections 66411.7(c) and 65852.21(b) allow a Town to
establish objective zoning standards, objective subdivision standards, and objective design
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Town Council Ordinance No. 597 N.S. Effective 06/17/2022
review standards for Urban Lot Splits and Two-Unit Developments, respectively, subject to
limits within state law; and
WHEREAS, such objective zoning standards, objective subdivision standards, and
objective design review standards may not have the effect of “precluding the construction of two
units on either of the resulting parcels from an Urban Lot Split or that would result in a unit size
of less than 800 square feet” for a Two-Unit Development; and
WHEREAS, Government Code sections 66411.7 and 65852.21 allow the Town to deny a
proposed Two-Unit Development or Urban Lot Split, respectively, if the project would have a
specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of section
65589.5, upon public health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and
WHEREAS, pursuant to Government Code sections 65852.21(j) and 66411.7(n), the
Town may adopt an ordinance to implement the provisions of Government Code sections
65852.21 and 66411.7, and such an ordinance shall not be considered a project under the
California Environmental Quality Act (“CEQA”); and
WHEREAS, the Town Council desires to implement objective standards and an
application process for projects undertaken pursuant to Government Code Sections 65852.21 and
66411.7 by the adoption of such an ordinance.
NOW THEREFORE, The Town Council of the Town of Tiburon does ordain as follows:
Section 1. The above findings are adopted and incorporated herein.
Section 2. Section 14-3.313- 14-3.316 (Urban Lot Splits) is added to Chapter 14 (Subdivisions)
of the Town of Tiburon Municipal Code to read as follows:
Title 14
URBAN LOT SPLITS
14-3.313. Purpose and Intent.
It is the purpose of this Chapter to provide procedures necessary for the implementation
of section 66411.7 of the Government Code pertaining to Urban Lot Splits. To accomplish this
purpose, the regulations outlined herein are determined to be necessary for the preservation of
the public health, safety, and general welfare, and for the promotion of orderly growth and
development.
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Town Council Ordinance No. 597 N.S. Effective 06/17/2022
14-3.314 Definitions.
A. Urban Lot Split. The subdivision of a parcel within a residential single-family zone
into no more than two parcels pursuant to the authority set forth in section 66411.7 of
the Government Code.
14-3.315 Filing, Processing, and Action.
A. Ministerial Review. An Urban Lot Split shall be ministerially approved, without
discretionary review or hearing, if the proposed housing development meets all
provisions of this chapter and conforms to all applicable objective requirements of the
Subdivision Map Act (Division 2) commencing with section 66410 of the
Government Code.
B. Parcel Map. Applicants for Urban Lot Splits shall submit a Parcel Map application.
1. Applications shall include, at a minimum:
i. An affidavit from the applicant stating the applicant intends to occupy one of the housing units created through an Urban Lot Split as the applicant’s principal residence for a minimum of three years from the
date of the approval of the Urban Lot Split. An affidavit shall not be required if the applicant is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.
ii. Parcel map applications shall be accompanied with all data and reports as set forth in Section 14-3.304 and the fees as set forth in the applicable Town fee schedules.
2. Parcel maps for Urban Lot Splits shall not be conditioned on dedication of
right of way or construction of offsite improvements.
C. The Town shall act on a Parcel Map application for an Urban Lot Split within 50 days
of receipt of a complete application. If the applicant requests a delay in writing, the
50-day time period shall be tolled for the period of the delay. The Town has acted
on the application if it:
1. Approves or denies a Parcel Map application for an Urban Lot Split; or
2. Informs the applicant in writing that changes to the proposed project are
necessary to comply with this Chapter or other applicable laws and
regulations.
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Town Council Ordinance No. 597 N.S. Effective 06/17/2022
D. Adverse Impact Upon Health and Safety. A proposed Urban Lot Split shall be denied
if the Building Official makes a written finding, based upon a preponderance of the
evidence, that the proposed Urban Lot Split would have a specific, adverse impact, as
defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the
Government Code, upon public health and safety or the physical environment and for
which there is no feasible method to satisfactorily mitigate or avoid the specific,
adverse impact.
E. Limitations on Approval. A proposed Urban Lot Split shall not be eligible for
approval pursuant to this Chapter if any of the following circumstances apply:
1. The proposed Urban Lot Split would require demolition or alteration of “protected housing.” Protected housing includes:
i. 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.
ii. Housing that is subject to rent control through valid local rent control provisions.
iii. A parcel on which the owner of residential real property has withdrawn accommodations from rent or lease pursuant to Section 7060 of the Government Code within 15 years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act).
iv. Housing that has been occupied by a tenant in the last 3 years.
2. The parcel to be subdivided is located within a historic district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a Town or county landmark or historic property or district.
3. The parcel to be subdivided satisfies the requirements of subsections (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code.
4. The parcel to be subdivided has been established through prior exercise of an Urban Lot Split pursuant to this Chapter. 5. Neither the owner of the parcel to be subdivided nor any person acting in
concert with the owner has previously subdivided an adjacent parcel using an
Urban Lot Split pursuant to this Chapter. “Acting in concert” means the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.
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Town Council Ordinance No. 597 N.S. Effective 06/17/2022
14-3.316 Development Standards.
The following objective development standards shall apply to Urban Lot Splits. In addition to
these standards, all provisions of the California Building Code shall apply to Urban Lot Splits.
A. General Standards.
1. Urban Lot Splits shall be permitted in all single-family residential zones, as
provided for in Chapter 16 of the Municipal Code.
2. Uses created through an Urban Lot Split shall be limited to residential uses.
3. Short Term Rentals Prohibited. The rental of any unit created through an
Urban Lot Split shall be for a term of longer than thirty (30) days.
4. Accessory Dwelling Units and Junior Accessory Dwelling Units.
i. As more fully set forth in section 16-77.040(A)(5), accessory dwelling
units or junior accessory dwelling units shall not be permitted on
parcels created through an Urban Lot Split pursuant to this Chapter.
B. Objective Development Standards.
1. Both newly created parcels must have a minimum lot size of 1,200 SF, 2. Neither of the resulting parcels can be smaller than 40 percent of the lot area of the original parcel,
3. The resulting parcels must both have access to or adjoins the public right-of-
way, sufficient to allow development on the parcel to comply with all applicable property access requirements under the California Fire Code section 503 (Fire Apparatus Access Roads) and California Code Regulations Title 14, section 1273.00 et seq.,
4. The resulting parcel shall have four-foot side and rear yard setbacks.
C. Exceptions to Development Standards.
Notwithstanding subsection B of this section, all development standards
shall be subject to the following:
1. Any standards that would have the effect of physically precluding the
construction of two units on either of the resulting parcels or that would result
in a unit size of less than 800 square feet, shall not be imposed.
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Town Council Ordinance No. 597 N.S. Effective 06/17/2022
2. No setback shall be imposed for an existing structure, or a structure
constructed in the same location and to the same dimensions as an existing
structure.
3. Correction of any legal nonconforming zoning condition shall not be
required as a condition of approval of an Urban Lot Split.
Section 3. Chapter 16.77 (Two-Unit Housing Developments) is added to Title 16 (Zoning) of the
Town of Tiburon Municipal Code as set forth below.
Title 16
TWO-UNIT HOUSING DEVELOPMENTS
16-77.010 Purpose and Intent.
The purpose of this chapter is to provide procedures and development standards for the
establishment of Two-Unit Housing Developments pursuant to Government Code
section 65852.21. To accomplish this purpose, the regulations outlined herein are determined to
be necessary for the preservation of the public health, safety, and general welfare, and for the
promotion of orderly growth and development.
16-77.020 Definitions.
A. Two-Unit Housing Development. A Two-Unit Housing Development is a
development containing no more than two primary dwelling units and which
development either (1) proposes two new units, or (2) proposes to add one new unit to
one existing unit.
16-77.030 Filing, Processing, and Action.
A. Ministerial Review. A Two-Unit Housing Development shall be ministerially
approved, without discretionary review or hearing, if the proposed housing
development meets all provisions of this chapter.
B. Administrative Permit. Applicants for Two-Unit Housing Developments shall submit
an Administrative Permit application in addition to a Building Permit application.
C. The Town shall act on an Administrative Permit application for a Two-Unit Housing
Development within 60 days of receipt of a complete application. If the applicant
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requests a delay in writing, the sixty-day time period shall be tolled for the period of
the delay. The Town has acted on the application if it:
1. Approves or denies the building permit for the Two-Unit Development; or
2. Informs the applicant in writing that changes to the proposed project are
necessary to comply with this chapter or other applicable laws and
regulations.
D. Adverse Impact Upon Health and Safety. A proposed Two-Unit Housing Development shall be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed Two-Unit Housing
Development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
E. Limitations on Approval. A proposed Two-Unit Housing Development shall not be
eligible for approval pursuant to this Chapter if any of the following circumstances
apply:
1. The Two-Unit Housing Development would require demolition or alteration of “protected housing.” Protected housing includes:
i. 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.
ii. Housing that is subject to rent control through valid local rent control provisions.
iii. Housing that has been occupied by a tenant in the last 3 years.
2. The Two-Unit Housing Development would be located on a parcel on which the owner has withdrawn it from renting or leasing under Section 7060 of the Government Code within 15 years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act).
3. The Two-Unit Housing Development would be located within a historic district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a Town or county landmark or historic property or district.
4. The Two-Unit Housing Development would be located in any of the specified designated areas set forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code.
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Town Council Ordinance No. 597 N.S. Effective 06/17/2022
16-77.040 Development Standards.
The following objective development standards shall apply to Two-Unit Housing Developments.
In addition to these standards, all provisions of the California Building Code shall apply to Two-
Unit Housing Developments.
A. General Standards
1. Two-Unit Housing Developments may either be detached or attached, as long as attached structures meet building code safety standards and are sufficient to
allow separate conveyance.
2. Two-Unit Housing Developments shall be permitted in all single-family residential zones including as provided for in Chapter 16 of the Municipal Code.
3. Short Term Rentals Prohibited. The rental of any Two-Unit Housing Development shall be for a term of longer than thirty (30) days. 4. Utility Connections. Each unit in a Two-Unit Housing Development shall be
served by separate water, sewer and electrical utility connections which
connect each unit directly to the utility. 5. Accessory Dwelling Units. No accessory dwelling unit or junior accessory dwelling unit shall be permitted on parcels that utilize the authority
of this Chapter and Section 14-3.313 et seq. (Urban Lot Splits).
6. Height. Two-Unit housing development shall not exceed 16 feet in height.
B. Objective Development Standards.
1. The color and materials of each new Residential Unit shall match the
Primary Unit. 2. Lighting shall be shielded and/or directed such that it does not produce glare visible from off-site or illuminate adjacent or nearby property.
3. Each Residential Unit shall have a permanent full kitchen with a sink, refrigerator and stove/oven. Only one kitchen is allowed per Residential unit. No exterior lights are allowed except two shielded downward pointing lights at the entry to the residential unit.
4. No windows facing the rear and side property lines are allowed when located less than 6 feet from the rear or side property line.
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5. No entryways are allowed within 10 feet of a side or rear property line.
6. Each new Residential unit is not allowed on any open space easement. A
title report shall be provided to identify all open-space easements. The Residential unit shall not have any reflective roof or building material. 7. The roof color of each new Residential unit shall use similar roof materials
and color as the primary dwelling unit.
8. No vents, flues, or appurtenances shall exceed the height limit. 9. No signs are allowed on any residential unit except an address sign.
10. No portico, trellis or other roof is allowed as part of the residential unit. A 5x5 foot entryway roof is allowed but must be at least 10 feet from any property line
11. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Residential Units. 12. Each Residential Unit shall not include any other item that would require discretionary approval, including but not limited to an exterior shower,
exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the
exterior. 13. Two trees shall be planted at each proposed window of each new Residential unit facing a neighboring property where such trees are
consistent with the Fire Code.
14. Applicant shall submit a water budget consistent with the Model Water Efficient Landscape Ordinance (MWELO) demonstrating water use of no more than 500 gallons per 10,000 sq. ft. of lot area per day. The landscape
area of single-family residence, or duplexes shall be designed with no more
than 20% of the landscaped area planted in turf or plants that are not water-wise as defined as needing “low” or “very low” water per Water Use Classifications of Landscape Species (WUCOLS) established by the Water Use Efficiency Office of the California Department of Water Resources
(DWR) or other sources as verified by a licensed landscape architect.
15. Any protected tree to be removed as part of a new residential unit shall require a tree removal permit.
16. Fire District Regulations. Each Residential Unit shall comply with all
applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.
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17. Adequate sanitary service capacity for the additional increment of effluent resulting from the each Residential Dwelling Unit shall be available. If
the lot is connected to the public sewer system, the applicant shall submit
a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant shall submit a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system
serving the lot has adequate capacity to accommodate the proposed
Residential unit. 18. Attached Residential units. Independent exterior access separate from the primary dwelling is not required for an attached Residential Unit.
C. Exceptions to Development Standards. Notwithstanding subsection B of this
section, all development standards shall be subject to the following exceptions:
1. Where each of the units of a Two-Unit Housing Development is no greater
than eight hundred (800) square feet in size with side and rear setbacks of at
least four (4) feet, the Two-Unit Housing Development shall be permitted
regardless of any development standard that would prevent construction of
the units.
2. No setback shall be imposed for a Two-Unit Housing Development
constructed in the same location and to the same dimensions as an existing
structure.
Section 4: Environmental Review.
The Town Council finds and determines that enactment of this Ordinance is statutorily exempt
from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to
Government Code sections 65852.21(j) and 66411.7(n), as this action is to adopt an ordinance to
implement the requirements of sections 65852.21 and 66411.7 of the Government Code.
Section 5: Effective Date.
This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption.
Section 6: Severability. The Town Council hereby declares every section, paragraph, sentence, cause, and phrase of this
ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is
for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
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Section 7: Certification.
The Town Clerk shall cause this ordinance to be posted and/or published in the manner required
by law. This Ordinance was introduced at the meeting of the Town Council on the 4th day of May, 2022, and was adopted at a regular meeting of the Town Council of the Town of Town of Tiburon on
the 18th day of May, 2022, by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Welner
JON WELNER, MAYOR TOWN OF TIBURON ATTEST:
LEA STEFANI, TOWN CLERK
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