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Town Council Resolution No. 06-2023 January 25, 2023
RESOLUTION NO. 06-2023
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
IDENTIFYING EXISTING OBJECTIVE DESIGN AND DEVELOPMENT
STANDARDS FOR THE REVIEW OF QUALIFIED HOUSING PROJECTS
UNDER STATE LAW
WHEREAS, Senate Bill 35 (Government Code section 65913.4) is intended to expedite and facilitate construction of new housing units to help address California’s housing shortage, requiring a streamlined and ministerial review process for multi-unit residential projects meeting specified criteria; and WHEREAS, effective January 1, 2019, Assembly Bill 2162 (Government Code section 65583), intended to help address the need for supportive and emergency housing, went into effect, requiring a streamlined and ministerial review process for supportive housing with specific qualifications; and WHEREAS, on January 1, 2020, Assembly Bill 330, which amended the Housing Accountability Act (Government Code section 65589.5), went into effect, further restricting municipalities’ ability to deny or reduce the density in their review of multi-unit residential projects
and requiring permit-related procedures to be consistent with objective development standards; and WHEREAS, there is continued effort by the State of California to require jurisdictions to utilize
special procedures for permitting of certain types of housing projects; these new laws require reliance on objective standards to make determinations regarding a project’s size, location and design; and WHEREAS, on June 2, 2022, June 30, 2022 and July 21, 2022, the Town of Tiburon Design Review Board provided directions to staff with the preparation of Objective Design and Development Standards; and WHEREAS, on November 9, 2022, the Town of Tiburon Planning Commission reviewed and provided feedback on the first draft of the new Objective Design and Development Standards; and WHEREAS, the Town of Tiburon is currently in the preparation of a new Objective Design and
Development Standards; and WHEREAS, as required by Government Code section 65940 and prior to the adoption of the
updated Objective Design and Development Standards, the identification of the Town’s existing objective, qualifiable, and written development standards found in the current Tiburon Municipal Code would provide applicants, staff, decision-makers and the public with clearly defined criteria for
use in making determinations on application completeness and decisions on development applications for qualified residential projects. NOW. THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby resolve, declare, determine and order as follows:
Section 1. Review Standards for Qualified Streamlined Projects under State Law
Prior to the adoption of updated Objective Design and Development Standards, the Objective Design and
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Town Council Resolution No. 06-2023 January 25, 2023
Development Standards attached as Exhibit A are identified as the Town’s existing development review standards from the Tiburon Municipal Code for housing development projects that qualify under State law for
streamlined review based on objective design and development standards. In addition, objective standards of the General Plan and any applicable Specific Plans shall also be applicable to qualifying housing development projects. Section 2. Compliance with CEQA.
The identification of the Objective Design and Development Standards is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(b)(3) because the listed standards are recitations of existing, adopted municipal code provisions.
PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Tiburon on January 25, 2023, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Griffin
JACK RYAN, MAYOR
TOWN OF TIBURON
ATTEST:
LEA DILENA, TOWN CLERK
EXHIBIT
A. Objective Design and Development Standards
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Town Council Resolution No. 06-2023 January 25, 2023
EXHIBIT A
OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS
Residential projects which qualify under State law for review under objective development standards shall comply with the following requirements of the Tiburon Municipal Code:
Chapter 13D – Flood Damage Prevention 1. Standards of Construction in Areas with Special Flood Hazard as indicated in Subsection 13D-4 (Basis for establishing the areas of special flood hazard), Subsection 13D-5 (Compliance), Subsection 13D-9 (Establishment of development permit), and Article III
(Standards of Construction), as may be amended. Chapter 13E – Water Efficient Landscape 1. Landscape and Irrigation Improvements Standards as indicated in Subsection 13E-2 (Adoption by reference of Marin Municipal Water District Water Efficient Landscape Regulations), but excluding Subsection 13E-2 (C)(1) which is not applicable, as may be amended. Chapter 14 – Subdivision of Land 1. General Subdivision Regulations as indicated in Subsection 14-1.103 (Applicability) and Subsection 14-1.105 (Prohibitions) and Subsection 14-1.106 (Certificate of compliance) as may be amended. 2. Major Subdivision Standards as indicated in Subsection 14-2.201 (Applicability), Subsection
14-2.202 (Tentative maps: Filing), Subsection 14-2.203 (Tentative maps: form and contents),
Subsection 14-2.204 (Tentative maps: accompanying data and reports), Subsection 14-2.205 (Vesting tentative maps), Subsection 14-2.208 (C) (Findings), Subsections 14-2.209 (a) and (b) (1) (Tentative maps—Expiration and extensions), Subsection 14-2.210 (Tentative maps—Corrections and amendments), Subsection 14-2.212 (Final maps—Filing), Subsection 14-2.213
(Final maps—Form and contents), Subsection 14-2.214 (Final maps—Accompanying data and
reports), Subsection 14-2.215 (Final maps—Multiple filings), Subsection 14-2.216 (Final maps—Certification and approval by town), Subsection 14-2.217 (Final maps—Recordation), Subsection 14-2.218 (Final maps—Corrections and amendments), as may be amended. 3. Minor Subdivision Standards as indicated in Subsection 14-3.301 (Applicability); Tentative
map and parcel map required, Subsection 14-3.302 (Parcel maps—Filing), Subsection 14-3.303
(Parcel maps—Form and contents), Subsection 14-3.307 (Parcel maps—Certification and approval by town), Subsection 14-3.310 (Parcel maps—Recordation), Subsection 14-3.311 (Parcel maps—Corrections and amendments), Subsection 14-3.312 (Parcel map waiver procedure), as may be amended.
4. Lot Line Adjustments Standards as indicated in Subsection 14-4.402 (Procedure) and
Subsection 14-4.405 (Recordation, Subsection), as may be amended. 5. Parcel Merger Standards as indicated in Subsection 14-5.503 (Initiation by property owner), as may be amended, but excluding Subsection 14-5.503 (b) which is not applicable. 6. Improvements and Dedications Standards as indicated in Subsection 14-6.609 (Design
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standards), as may be amended. 7. Condominium Conversation Standards as indicated in Subsection 14-7.701 (Condominium and other projects) and Subsection 14-7.702 (Conversions), as may be amended.
Chapter 16 – Zoning 1. Residential Zone Standards as indicated in Subsection 16-21.030 (Residential zones allowable land uses and permit requirements) and Subsection 16-21.040 (Residential zones development standards), as may be amended. 2. Commercial Zones Standards as indicated in Subsection 16-22.030 (Commercial zones allowable land uses and permit requirements) and Subsection 16-22.040 (Commercial zones
general development standards), as may be amended. 3. Overlay Zones Standards as indicated in Subsection 16-23.020 (A) (Purposes of the overlay zones) for F (flood hazard overlay) zone, Subsection 16-23.030 (Affordable housing overlay zones allowable land uses and permit requirements) and Subsection 16-23.040 (Affordable housing overlay zones general development standards) for RMP/AHO (residential multiple
planned/affordable housing overlay) and NC/AHO (neighborhood commercial/affordable
housing overlay) zones, Subsection 16-23.050 (Affordable housing overlay zones development incentives), Subsection 16-23.060 (Historic protection overlay zone allowable uses and general development standards) for HPO (historic protection overlay) zone, as may be amended. 4. Office Zone Standards as indicated in Subsection 16-24.030 (Office zone allowable land uses and permit requirements) and Subsection 16-24.040 (Office zone general development
standards) for O (office) zone, as may be amended. 5. Marine Zone Standards as indicated in Subsection 16-25.030 (Marine zone allowable land uses and permit requirements) for M (marine) zone, as may be amended. 6. Public/Quasi-public Zone Standards as indicated in Subsection 16-26.030 (Public/quasi-public zone allowable land uses and permit requirements) and Subsection 16-26.040
(Public/quasi-public zone general development standards) for P (public/quasi-public) zone, as
may be amended. 7. Open Space Zone Standards as indicated in Subsection 16-27.030 (Open space zone allowable land uses and permit requirements) and Subsection 16-27.040 (Open space zone general development standards) for OS (open space) zone, as may be amended. 8. Standards for All Development and Land Uses as indicated in Subsection 16-30.030 (Setback requirements and exemptions), Subsection 16-30.040 (Fences and walls), Section 16-
30.050 (Height limits and exceptions), Subsection 16-30.060 (Child play structures/sports courts), Subsection 16-30.070 (Lighting), Subsection 16-30.080 (Recyclable materials collection and loading), Subsection 16-30.090 (Storage and debris boxes), Subsection 16-30.100 (Submerged and partially submerged land), Subsection 16-30.110 (Public utility lines), Section 16-30.120 (Lot legality and coverage), as may be amended.
9. Parking and Loading Standards as indicated in Subsection 16-32.030 (General parking
regulations), Subsection 16-32.040 (Number of parking spaces required), Subsection 16-32.050 (Disabled/handicapped parking requirements), Subsection 16-32.060 (Bicycle parking), Subsection 16-32.070 (Motorcycle parking and electric vehicle charging stations), Subsection 16-32.080 (Parking design and development standards), Subsection 16-32.090 (Loading berths)
and Subsection 16-32.120 (In lieu payments), as may be amended.
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10. Standards for Specific Land Uses as indicated in Subsection 16-40.060 (Emergency shelters), as may be amended.
11. Site Plan and Architectural Review as indicated in Subsection 16-52.020 (Site plan and
architectural review), as may be amended. 12. Conditional Use Permit as indicated in Subsection 16-52.040 (C) (Applicability), Subsection 16-52.040 (E) (Condominium use permit required), Subsection 16-52.040 (D) (Special considerations), Subsection 16-52.040 (F) (Application and fee), Subsection 16-52.040 (G) (Information required), Subsection 16-52.040 (J) (Recommended conditions), and Subsection
16-52.040 (P) (Expiration of conditional use permit), as may be amended. 13. Condominium Use Permit as indicated in Subsection 16-52.050 (B) (Condominium use permit required), Subsection 16-52.050 (C) (Standards for permit issuance), Subsection 16-52.050 (D) (Permit applications and procedure), Subsection 16-52.050 (E) (Condominium organization documents), Subsection 16-52.050 (F) (Information to precede final or parcel map
submission), Subsection 16-52.050 (G) (Special considerations relating to condominium use
permits) and Subsection 16-52.050 (H) (Expiration of condominium use permit), as may be amended. 14. Precise Development Plan as indicated in Subsection 16-52.060, as may be amended. 15. Tidelands Permit as indicated in Subsection 16-52.080 as may be amended. 16. Accessory Dwelling Unit as indicated in Subsection 16-52.100, as may be amended. 17. Nonconforming Uses, Structures, and Lots as indicated in Section 16-62 (Nonconforming Uses, Structures, and Lots), as may be amended.
18. Inclusionary Housing and Density Bonuses as indicated in Section 16-70 (Inclusionary
Housing and Density Bonuses), as may be amended. 19. Signs Standards as indicated in Chapter 16A (Signs), as may be amended. 20. Trip Reduction as indicated in Section 16B-5 (Trip reduction requirements), as may be amended. 21. Recyclables Collection Area as indicated in Section 16C-6 (General Requirements), Subsection 16C-7 (c), (e), (f) (Guidelines for all development projects), Section 16C-8
(Additional guidelines for single tenant development projects), Section 16C-9 (Additional guidelines for multiple tenant development projects), and Section 16C-10 (Locations, as may be amended. Chapter 19 – Encroachments 1. Encroachment Permits as indicated in Section 19-2 (Encroachment permits required), Section
19-3 (Application and fees), Section 19-4 (Action on application—Appeal), as may be amended. 2. Use of Public Right-of-Way as indicated in Section 19A-3 (Agreement required), Section 19A-4 (Exemptions and existing agreement), Section 19A-5 (Application), Section 19A-6 (Application-Fee).
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