HomeMy WebLinkAboutTC Ord 2023-06-21Town Council Ordinance No. 605 N.S. Page 1 of 66
ORDINANCE NO. 605 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING PROVISIONS OF TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE BY AMENDING DIVISIONS 16-14 (ZONING MAP); 16-20 (REQUIREMENTS FOR APPROVAL OF DEVELOPMENT AND NEW LAND USES); 16-21 (RESIDENTIAL ZONES); 16-22 (COMMERCIAL ZONES); 16-23 (DOWNTOWN ZONES); 16-32 (PARKING AND LOADING STANDARDS); 16-50 (APPLICATION
FILING AND PROCESSING); 16-52 (PERMIT REVIEW AND DECISIONS); 16-70 (INCLUSIONARY HOUSING AND DENSITY BONUSES) AND 16-100 (DEFINITIONS), ADDING A NEW DIVISION 16-29 (OVERLAY ZONES), AND AMENDING THE TOWN OF TIBURON ZONING MAP
WHEREAS, the 2023-2031 Tiburon Housing Element (“Housing Element”) includes an
inventory of housing opportunity sites that designates specific densities and zoning
classifications for certain parcels as needed to meet the Town’s Regional Housing Needs Allocation (RHNA) and further establishes policies and programs necessary to implement requirements of State housing law; and
WHEREAS, amendments to the Zoning Ordinance and Zoning Map are necessary to
permit housing at the densities specified within the Housing Element, including changes to the
base zoning of parcels; and
WHEREAS, the Town has conducted numerous public meetings, study sessions, workshops, and hearings during 2022 and 2023 to identify housing opportunity sites, prepare objective design and development standards to accommodate higher density development which
retains the predominant design character of the community, and set the parameters of associated
zoning amendments to facilitate higher density development; and
WHEREAS, the Zoning Ordinance and Zoning Map amendments were prepared in accordance with applicable statutory requirements taking into account public comment and consistency with the Tiburon General Plan 2040 and related Town policies; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing at a
regular meeting on May 24, 2023 and adopted Resolution No. 2023-05 recommending to the Town Council that various text and map amendments to be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code; and
WHEREAS, on June 7, 2023, the Town Council held a duly noticed public hearing and
has heard and considered all public testimony on the proposed Ordinance; and
WHEREAS, the Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and
WHEREAS, the Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare; and
WHEREAS, the Town Council has found that the amendments made by this Ordinance
are consistent with the goals and polices of the Tiburon General Plan 2040 and other adopted ordinances and regulations of the Town of Tiburon, and further the intent and purposes of General Plan goals and policies; and
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WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the Town of Tiburon has prepared an Environmental Impact Report which was circulated for public
comment from March 16, 2023 through May 1, 2023; and
WHEREAS, the EIR considered the proposed amendments to the Zoning Ordinance and Zoning Map of the Town of Tiburon and disclosed all potential environmental impacts including those impacts that may be mitigated to a level of less-than-significant; and
WHEREAS, the Town Council of the Town of Tiburon considered the Final EIR
including the response to public comments, adopted a Statement of Overriding Considerations,
and certified the EIR on May 22, 2023 following a duly noticed public hearing; and
WHEREAS, the Town Council of the Town of Tiburon conducted a duly and properly noticed public hearing to take public testimony and consider this Ordinance.
NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of
Tiburon that the amendments to the Tiburon Municipal Code and Tiburon Zoning Map are
consistent with the Tiburon General Plan 2040 including the following goals, policies and programs:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. The project is consistent with Land Use Element Policy LU-11 (Mixed Use
Development) of the Tiburon General Plan 2040 in that the new proposed Mixed Use
and Main Street Zones increase provisions for mixed use development with increased floor area ratios and building height limits.
Policy LU-11 Mixed Use Development. Encourage mixed-use development (combining housing and commercial uses) in Downtown and along Tiburon
Boulevard to create opportunities for pedestrian-oriented lifestyles.
3. The project is consistent with Housing Element Goal H-D, Policies H-D1 (Variety of Housing Choices), H-D3 (Key Housing Opportunity Sites), H-D4 (Mixed Use Infill Housing), H-D5 (Redevelopment of Commercial Shopping Areas and Sites), H-D7 (Retention and Expansion of Multifamily Sites at Medium and Higher Density), and
Programs H-ff (Design of Multifamily Housing), H-ii (Rezone Housing Opportunity
Sites), H-mm (Supportive Housing), and H-nn (Parking for Emergency Shelters) in that the new Mixed Use and Main Street District increase provisions for mixed use development with increased floor area ratios and building height limits on housing opportunity sites which accommodate a wider range of housing types and level of
affordability, allow mixed use redevelopment of the Boardwalk Shopping Center,
rezone the vacant portion of the Reed School site for higher density multifamily development, allow supportive housing as a permitted use in all multifamily and commercial districts and revise parking requirements for emergency shelters in conformance with state law.
Goal H-D. Facilitate the development of new infill housing in Downtown Tiburon and on identified underutilized sites throughout the Town that are close to services and transit. Continue to encourage accessory dwelling units to provide additional housing opportunities throughout established neighborhoods.
H-D1 Variety of Housing Choices. In response to the broad range of housing
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needs in Tiburon, the Town will strive to achieve a mix of housing types, densities, affordability levels and designs. This will include an adequate supply
and variety of housing opportunities to meet the needs of Tiburon’s workforce
and their families, striving to match housing types and affordability with household income. The Town will work with developers of non-traditional and innovative housing approaches in financing, design, construction, and types of housing that meet local housing needs. Housing opportunities for families with
children should not be limited because necessary facilities are not provided on
site.
H-D3 Key Housing Opportunity Sites. Given the diminishing availability of developable land, the Town will identify housing opportunity areas and sites where a special effort will be made to provide workforce and special needs
affordable housing. The Town will take specific actions to promote the
development of affordable housing units on these sites (identified in the Implementing Programs).
H-D4 Mixed Use Infill Housing. The Town will encourage well-designed mixed use developments (residential mixed with other uses) where residential use is
appropriate to the setting. The Town will develop incentives to encourage mixed
use development in appropriate locations, such as in and near to the downtown that are in proximity to transit and services and would support downtown businesses.
H-D5 Redevelopment of Commercial Shopping Areas and Sites. The Town will
encourage the development of housing in conjunction with the redevelopment of
commercial shopping areas and sites when it occurs.
H-D7 Retention and Expansion of Multifamily Sites at Medium and Higher Density. The Town will strive to protect and expand the supply and availability of multifamily and mixed use infill housing sites for housing. The Town will not
re-designate or rezone residential land for other uses or to lower densities without
re-designating equivalent land for higher density multifamily development.
H-ff Design of Multifamily Housing. Conduct design review to assure excellence of design in new multifamily housing development and utilize objective design and development standards for applicable projects.
H-ii Rezone Housing Opportunity Sites. Establish new Mixed Use, Main
Street, and R-4 zoning districts and objective design and development standards for those districts that facilitate development at the realistic unit capacities and densities established in Table 11 for each site. Rezone Sites 1-7, 9, and A-F to Mixed use, Site 8 to R-4, and Site G to Main Street. As reflected in Table 11,
Sites 1-9 are identified to accommodate a portion of the lower-income RHNA.
These will be rezoned to:
1. require the minimum density identified in Table 11;
2. permit owner-occupied and rental multifamily uses by right pursuant to Government Code section 65583.2(i) for development in which 20 percent or
more of the units are affordable to lower income households;
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3. allow 100 percent residential use; and
4. require residential use occupy at least 50 percent of the total floor area of a
mixed use project.
H-mm Supportive Housing. Revise the Zoning Code to make supportive housing a permitted use in all commercial zones that allow multifamily and mixed use housing, including the Mixed Use, Neighborhood Commercial, Main Street, and Village Commercial districts, pursuant to Government Code 65651.
H-nn Parking for Emergency Shelters. Revise the Zoning Code to specify
parking requirements for emergency shelters that comply with Government Code section 65583, subdivision (a)(4)(A).
4. The project is consistent with Downtown Element Goal DT-C, Policies H-D1 (Variety of Housing project Choices), Policies DT-3 (Mix of Uses with Housing),
Policy DT-4 (Ground Floor Commercial Frontages), Policy DT-5 (Office Uses), and
Policy DT-6 (Housing Downtown) in that the new Mixed Use and Main Street districts allow mixed use or higher density multifamily residential development with requirements for street frontage improvements, and preclude ground floor office uses.
Goal DT-C Support mixed-use development in Downtown, with an emphasis on
providing housing opportunities.
Policy DT-3 Mix of Uses with Housing. Encourage mixed-use development that includes housing in combination with retail, restaurants, offices, or community uses in Downtown Tiburon.
Policy DT-4 Ground Floor Commercial Frontages. Where essential to provide
foot traffic that supports shops and preserve maintain Main Street’s and Ark
Row’s character, require that new development feature commercial street frontages. These ground-floor spaces may be occupied by a wide range of retail and restaurant uses; personal services; or community uses such as daycare or performance spaces.
Policy DT-5 Office Uses. Limit office uses in existing or new ground-floor spaces
to promote active street life.
Policy DT-6 Housing Downtown. Create opportunities for a variety of multifamily housing downtown, with or without ground-floor commercial or community uses.
5. The project is consistent with Downtown Element Goals DT-D and DT-E, Policies
DT-8 (Distinct Character Areas), DT-9 (Activity Hub at Tiburon Boulevard and Beach Road), Policy DT-13 (Pedestrian-Friendly Ground Floor), Policy DT-14 (Gathering Places), and Policy DT-15 (Mix of Building Heights), Policy DT-16 (Building Placement, Height, and Massing), Policy DT-23 (Pedestrian Amenities),
Policy 24 (Streetscape Improvements), and Policy DT-25 (Pedestrian Connections),
and Programs DT-d (Update the Zoning Ordinance and Design Handbook) and Program DT-k (Update the Zoning Ordinance) in that the new Mixed Use and Main Street Districts include objective design and development standards that mimic the existing development characteristics of the Main Street area to retain the pedestrian-
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oriented scale while allowing greater building volume with upper story stepbacks, maximum building width and required design variation in to visually break up the
scale of larger structures, include detailed requirements for ground floor uses, public
improvements and building design details to create an active, pedestrian-oriented streetscape, and include provisions for the division of larger blocks with mid-block pedestrian paseos to promote walkability in the downtown area.
GOAL DT-D Preserve and enhance the historical attributes and small-town
character of Downtown that exists on Main Street and Ark Row.
GOAL DT-E Extend Downtown’s human-scaled small-town environment along Tiburon Boulevard from the Library to the Bay. Encourage an active pedestrian environment and alternative means of transportation.
Policy DT-8 Distinct Character Areas. Support and enhance Tiburon’s distinct
small-town character in each of Downtown’s subareas through design of buildings
and public space. Reinforce Main Street as a human-scaled community gathering place framed by continuous storefronts. Preserve Ark Row as an intimate assemblage of small buildings with amenity-rich street frontage. Along Tiburon Boulevard, create a village-like extension of Downtown that maintains
Downtown’s scale and sense of place. Celebrate Tiburon’s scenic waterfront and
connection to the Bay along Shoreline Park. Maintain a sense of neighborhood in Point Tiburon. Embody Tiburon’s history and aspiration for a more resilient and equitable future in its Civic Hub.
Policy DT-9 Activity Hub at Tiburon Boulevard and Beach Road. Facilitate
development of properties around the intersection of Tiburon Boulevard and
Beach Road to create a new activity hub with opportunities for walkable retail and multifamily housing downtown.
Policy DT-13 Pedestrian-Friendly Ground Floor. Ensure that buildings contribute to a lively, active pedestrian environment at street level through
build-to lines, setback areas that expand the public realm, and ground-floor
design characteristics including the following:
• storefront and building entrances that directly face the sidewalk;
• floor-to-floor heights that enable flexible commercial use and create a
sense of welcome;
• visibility between the sidewalk and building interiors;
• canopies and awnings that provide shade and support business identity;
• harmonious, pedestrian-oriented signage; and
• opportunities for indoor and outdoor display and seating.
Policy DT-14 Gathering Places. Encourage retail storefronts, cultural
destinations, and active outdoor spaces for community gathering, such as sidewalk cafes, in order to make walking Downtown a stimulating and enjoyable activity.
Policy DT-15 Mix of Building Heights. Enable a mix of building heights for new
construction, creating variety and accommodating a vibrant mix of uses.
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Policy DT-16 Building Placement, Height, and Massing. Ensure new buildings are attractive additions to the downtown environment. This will be achieved
through:
• placing buildings so that they line and define streets and public spaces;
• composing facades in a way that complements adjacent buildings or
district character;
• breaking up the massing of large buildings into increments;
• providing variation in building height, allowing for solar access while
maintaining a continuous streetwall; and
• incorporating façade projections and recessed storefronts that add variety and
pedestrian comfort at street level.
Program DT-d Update the Zoning Ordinance and Design Handbook. Update the Tiburon Zoning Ordinance and the Downtown Tiburon Design Handbook to be
consistent with the goals and policies of this Element as they pertain to downtown building design and character and the need to provide objective development standards.
Policy DT-23 Pedestrian Amenities. Provide paving treatments, landscape elements, street furnishings and street lighting that will enhance use and
enjoyment of sidewalks, parks, pedestrian corridors, plazas, and other public areas.
Policy 24 Streetscape Improvements. Require new development to contribute to desired downtown streetscape enhancements and midblock paseos.
Program DT-k Update the Zoning Ordinance. Update the Tiburon Zoning
Ordinance to achieve circulation goals and policies for downtown, including requirements for new development to provide streetscape improvements and midblock public paseos, and to adjust vehicle and bike parking requirements.
Policy DT-25 Pedestrian Connections. Pursue opportunities to create new
midblock pedestrian connections to enhance the downtown walking experience.
Paseos may create new connections between Tiburon Boulevard and Main Street (Ark Row), as well as new connections through future development north of Tiburon Boulevard.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENTS TO CHAPTER 16, DIVISION 14
Tiburon Municipal Code Title IV, Chapter 16, Division 14 (Zoning Map) is hereby amended to read as follows:
16-14 Zoning Map
16-14.010 - Purpose.
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The purpose of division 16-14 is to establish the zones applied to property within the town and adopt the town's zoning map and planned development map.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-14.020 - Zoning map and zones.
The council hereby adopts the Town of Tiburon Zoning Map (hereafter referred to as the "zoning map") and "planned development map", which are on file with the department. The
zoning map and planned development map are hereby incorporated into this zoning ordinance by
reference as though they were fully included here. The zones referred to herein and the boundaries of such zones shall be shown upon the zoning map.
A. Zones established. The town shall be divided into zones that implement the general plan. The zones shown in table 1-1 are hereby established, and shall be shown on the
zoning map.
TABLE 1-1 ZONES
Zone Symbol Name of Zone General Plan Land Use Designation Conforming with Zone
R-1 Single-family residential zone Medium High Density (MH)
R-1-B-A Bel Aire single-family residential zone Medium High Density (MH)
R-1-B-2 Modified single-family residential zone Medium High Density (MH)
RO Residential open zone Medium Density (M) and Medium Low
Density(ML)
R-2 Two-family residential zone High Density (H)
R-3 Multifamily residential zone Very High Density (VH)
R-4 Multifamily residential zone Very High Density – 25 (VH-25)
RPD Residential planned development zone Low Density (L) and PD-R Planned Development Residential (PD-R)
RMP Residential multiple planned zone Very High Density (VH) and Very High Density/Affordable Housing Overlay (VH/AHO)
M Marine zone Marine (Marine)
O Office zone Office (O)
NC Neighborhood commercial zone Neighborhood Commercial (NC)
NC/AHO Neighborhood commercial/affordable housing overlay zone NC/AHO Neighborhood Commercial/Affordable Housing Overlay
VC Village commercial zone Village Commercial (VC)
MS Main Street zone Main Street (MS)
MU Mixed use zone Mixed Use (MU)
P Public/quasi-public zone Public/Quasi-Public (P)
OS Open space zone Open Space (OS)
F Flood hazard overlay zone All
HPO Historic protection overlay zone All
P&R Parks and recreation zone Parks and Recreation (Park)
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B. Zoning map and planned development map changes. If, in compliance with the provisions herein, changes are made in zone boundaries or other matter portrayed on
the zoning map or planned development map, such changes shall be made on the map
or maps promptly after the amendment has been approved by the council, together with an entry on the map or maps indicating the authority for such change and the date when such change became effective.
C. Interpretation of Zone Boundaries.
1. At all points on the zoning map where a zone is defined as being bounded by or
running to a public street (other than a state highway), it shall be construed as being bounded by and running to the center of such street. In like manner, the zoning map shall in all cases be construed as bounding each zone by the centerline of each street (other than a state highway) upon which it shall abut,
notwithstanding the fact that the demarcation of such zone shall be shown on the
map as the sideline of such street. It is declared to be the intent and purpose of this division to bound all zones by the centerline of the streets upon which they abut, whether or not conveyances of abutting lands shall have gone to the centerlines of such streets as provided in Civil Code section 1112. However, in instances where
an abutting parcel or area not located within the town is located on the opposite
side of any street located in the town, the town zoning shall extend the entire width of the street and not terminate at the centerline of the street. For any state highway or state highway segment located in the town, the entire right-of-way of said highway or highway segment in the town shall be conclusively construed as
being zoned Public/Quasi-Public (P), regardless of abutting zoning or
jurisdictional lines.
2. If uncertainty exists in any boundary indicated on the zoning map or the planned development map, the director shall determine the location of such boundary pursuant to provisions of subsection 16-12.020 (Authority for Interpretation).
3. Zone boundaries shall extend vertically upward and downward from the ground
surface.
4. If there is uncertainty about the location of any zone boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:
a. Where zone boundaries approximately follow lot, alley, or street lines, the lot
lines and street and alley centerlines shall be construed as the zone boundaries;
b. If a zone boundary divides a lot and the boundary line location is not specified by distances printed on the zoning map, the location of the
boundary will be determined by using the scale appearing on the zoning
map;
c. Where a public street or alley, excluding a state highway, is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zone of the adjoining property on either side of
the centerline of the vacated or abandoned street or alley; and
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d. Any property not clearly designated on the zoning map in any of the zones established by article II (Zones and Allowable Land Uses) shall hereby be
designated as being in the RPD (residential planned development) zone
(subsection 16-21.020.F.1 [RPD (residential planned development) zone]).
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 561 N.S. , § 2(A), 9-2-2015)
SECTION 2. AMENDMENTS TO CHAPTER 16, DIVISION 20.
Tiburon Municipal Code Title IV, Chapter 16, Section 16-20.30 (Allowable land uses and zoning
permit requirements) is hereby amended to read as follows:
16-20.030 Allowable land uses and zoning permit requirements.
A. Allowable land uses. The uses of land allowed by this zoning ordinance in each zone are listed in section 16-21, table 2-1; section 16-21.030; section 16-22.030; section 16-23.020; section 16-24.030; section 16-25.030; section 16-26.030; section 16-27.030; section 16-28.030; and section 16-29.030 together with the type of zoning permit required. Specific
land uses are defined in article X (definitions).
1. Establishment of an allowable use.
a. Any one or more land uses identified by the sections listed under subsection A. as being allowable within a specific zone may be established on any lot within that zone, subject to the zoning permit requirements of subsection B., below, and
compliance with all applicable requirements of this zoning ordinance.
b. Where a single lot is proposed for development with two or more of the land uses listed in sections identified in subsection A. above, the overall project shall be subject to the permit requirements established by subsection B. for any individual use.
2. Use not listed.
a. A land use that is not listed in the sections identified in subsection A., and is determined by the director to not be included in article X (definitions) under the definition of a listed land use, is not allowed within the town, except as otherwise provided by subsection A.3, or section 16-20.040 (exemptions from zoning permit
requirements).
b. A land use that is not listed in the sections identified in subsection A. within a particular zone is not allowed within that zone, except as otherwise provided in subsection A.3, or section 16-20.040 (exemptions from zoning permit requirements).
3. Similar and compatible use may be allowed. The director may determine that a proposed use not listed in this article is allowable as follows:
a. Required findings. The director may determine that a proposed use is similar to and compatible with a listed use and may be allowed only after first making all of the following findings:
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(1) The characteristics of, and activities associated with, the use are similar to one or more of the listed uses and will not involve a greater intensity than the
uses listed in the applicable zone;
(2) The use will be consistent with the purposes of the applicable zone;
(3) The use will be consistent with the general plan and any applicable specific plan, precise development plan or equivalent permit;
(4) The use will be compatible with the other uses allowed in the zone; and
(5) The use is not listed as allowable in another zone.
A determination that a use qualifies as a "similar use" and the findings supporting the determination shall be in writing.
b. Applicable standards and permit requirements. When the director determines that a proposed, but unlisted, use is similar to a listed use when applying the zoning
ordinance, the proposed use will be treated in the same manner as the listed use in
determining where it is allowed, what permits are required, and what other standards and requirements of this zoning ordinance apply.
c. Referral for determination. The director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the commission
for a determination at a public meeting.
d. Appeal. A determination of additional uses, similar or accessory to those allowed, may be may be appealed in compliance with division 16.66 (appeals).
B. Permit requirements. Division 16-21, table 2-1; section 16-21.030; section 16-22.030; section 16-23.020; section 16-24.030; section 16-25.030; section 16-26.030; section 16-
27.030; section 16-28.030; and 16-29.030 provide for land uses that are:
1. Allowed subject to compliance with all applicable provisions of this zoning ordinance, including site plan and architectural review, where required, and subject to first obtaining any building permit or other permit required by the Municipal Code;
2. Allowed subject to the approval of a conditional use permit (section 16-52.040); and
3. Not allowed in particular zones.
A land use authorized through the approval of a conditional use permit may also require site plan and architectural review approval (16-52.020), a building permit, or other permit required by the Municipal Code. Uses listed as allowed by a conditional use permit, as determined by the director or commission as conforming to the purposes of such zone, are not permitted in such
zone unless a conditional use permit has been granted.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 552 N.S., § 2(A), 9-3-2014; Ord. No. 564 N.S. , § (CC), 4-6-2016; Ord. No. 570 N.S. , § 2(A), 5-17-2017)
SECTION 3. AMENDMENTS TO CHAPTER 16, DIVISION 20.
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Tiburon Municipal Code Title IV, Chapter 16, Section 16-20.040 (Exemptions from zoning permit requirements) is hereby amended to read as follows:
16-20.040 Exemptions from zoning permit requirements.
The zoning permit requirements of this zoning ordinance do not apply to the land uses, structures, and activities identified by this division. These are allowed in all zones subject to compliance with this division.
Exempt activities and land uses. The following are exempt from the zoning permit
requirements of division 16-21, table 2-1; section 16-21.030; section 16-22.030; section 16-
23.020; section 16-24.030; section 16-25.030; section 16-26.030; section 16-27.030; section 16-28.030; and section 16-29.030. The following are also exempt from site plan and architectural review in compliance with section 16-52.020 (site plan and architectural review), unless otherwise noted.
1. Decks and platforms less than three feet above grade; paths. Decks and platforms and
their associated components that do not constitute a "structure" as defined herein; paths that do not require a building or grading permit.
2. Fences and walls three and one-half feet (forty-two inches) or less in height. See section 16-30.040 (fences and walls).
3. Interior remodeling. Interior alterations that do not increase the gross floor area of the
structure, change the permitted use of the structure, or result in any physical exterior alterations to the structure.
4. Repairs and maintenance.
a. Single-family and two-family dwellings. Ordinary repairs to, and maintenance of
single-family dwellings, provided that the work does not change the approved
land use or structure or result in the loss of any dwelling unit.
b. Multifamily dwellings, and nonresidential structures. Ordinary repairs to, and maintenance of multiunit residential and nonresidential structures, if:
(1) The work does not change the approved land use of the site or structure, or
add to, enlarge or expand the land use and/or structure;
(2) Any exterior repairs employ the same design, materials, and color as the original construction; and
(3) The work does not result in the loss of any dwelling unit.
5. Solar energy systems. Per the requirements of state law, the addition of solar energy
systems provided that the collectors comply with applicable height limit requirements.
6. Minor utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of minor utility lines intended to service existing or nearby approved developments shall be permitted in any zone. Minor utility lines include: water; gas; electric; supply or disposal systems; including wires, mains, drains, sewers, pipes,
conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but
not including new transmission and distribution lines and structures. See section 16-30.110 (public utility lines) for utility undergrounding requirements. Satellite and
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wireless communications antennas are not exempt, and are instead subject to the provisions of division 16-42 (wireless communication facilities). Site plan and
architectural review is required for satellite dishes greater than one meter in diameter
and for the placement, replacement or modification of utility distribution poles and facilities, including, without limitation, lines, wires and boxes.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
SECTION 4. AMENDMENTS TO CHAPTER 16, DIVISION 21.
Tiburon Municipal Code Title IV, Chapter 16, Division 21 (Residential Zones) is hereby
amended to read as follows:
16-21 Residential Zones
16-21.010 - Purpose.
The purpose of division 16-21 is to establish the land uses that may be allowed within the
residential zones established by section 16-14.020 (zoning map and zones), determine the types of zoning permit (if any) required for each use, and provide standards for site layout and building size.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-21.020 - Purposes of the residential zones.
The purpose of each residential zone is as follows.
A. R-1 (single-family residential) zone. The R-1 zone is intended to promote and encourage the maintenance of a suitable environment for suburban family living on smaller single-family residential lots in older developed areas of the town. The R-1 zone conforms with general plan land use designation medium high density (MH).
B. R-1-B zones. The R-1-B zones are comprised of properties formerly located in unincorporated Marin County that were annexed to the town after incorporation in 1964. These properties were generally developed under County of Marin zoning districts with setbacks that do not correspond to other single-family residential zones in the town. The R-1-B zones conform with general plan land use designation medium
high density (MH). R-1-B zones have modified setbacks in order to reduce the creation of nonconforming structures that would otherwise result from annexation of properties that were generally developed with different setback requirements.
1. R-1-B-A (Bel Aire single-family residential) zone. The R-1-B-A zone serves the
same purpose as the R-1 zone but is intended to reflect the different front and side
setbacks historically found in the Bel Aire Estates neighborhood. The principal uses, conditional uses, and development standards for the R-1-B-A zone shall be the same as the R-1 zone with the exception of the front and side setbacks established in section 16-21.040 (residential zones development standards).
2. R-1-B-2 (modified single-family residential) zone. The R-1-B-2 zone serves the
same purpose as the R-1 zone but is intended to reflect the different front and side
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setbacks with which the properties were developed. The principal uses, conditional uses, and the development standards for the R-1-B-2 zone shall be the same as the
R-1 zone with the exception of the front and side setbacks established in section
16-21.040 (residential zones development standards).
C. RO (residential open) zone. The RO zone is intended to promote and encourage the maintenance of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone. There are two RO zones, RO-1
and RO-2, each having its own development standards. The permitted and conditional
uses are the same for both zones. The RO-1 zone conforms with general plan land use designation medium low density (ML). The RO-2 zone conforms with general plan land use designation medium density (M).
D. R-2 (two-family residential) zone. The R-2 zone is intended to promote and encourage
the establishment and maintenance of a suitable environment for suburban family
living in areas appropriate by location and character for single-family and two-family dwellings. The R-2 zone conforms with general plan land use designation high density (H).
E. R-3 (multifamily residential) zone. The R-3 zone is intended to promote and
encourage the establishment and maintenance of a suitable environment for residence
in areas appropriate by location and character for multifamily dwellings. The R-3 zone conforms with general plan land use designation very high density (VH).
.
F. R-4 (multifamily residential) zone. The R-4 zone is intended to promote and
encourage the establishment and maintenance of a suitable environment for higher
density residences in areas appropriate by location and character for multifamily dwellings. The R-4 zone conforms with general plan land use designation very high density (VH-25) and requires a minimum residential density of 20 dwelling units per acre.
G. Planned residential development zones. There are numerous planned developments
where applicable zoning regulations have been previously established by adoption of master plans, precise plans, precise development plans, conditional use permits, or similar zoning permits. These planned developments are depicted on the map entitled "Planned Development Map," incorporated as section 16-14.020 (zoning map and
zones). A current list of the applicable ordinances and/or resolutions governing the
planned developments is on file at the community development department.
1. RPD (residential planned development) zone. The RPD zone is intended to protect and preserve open space land as a limited and valuable resource without depriving owners of a reasonable use of their property for residential purposes.
The regulations of the zone are designed to insure, to the extent feasible, the
conservation of natural resources and the retention of land in its natural or near natural state in order to, among other things, assist in the containment of urban sprawl and protect the community from the hazards of fire, flood, seismic and other catastrophic activity, and to otherwise implement the goals and policies of
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the general plan. The RPD zone conforms with general plan land use designation low density (L) and PD-R planned development residential (PD-R).
2. RMP (residential multiple planned) zone. The RMP zone has the same purposes
and shall be governed by the same regulations as the RPD zone (Subsection 1. above) except as otherwise provided herein. The RMP zone conforms with general plan land use designation very high density (VH).
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 564 N.S. , §§ (B), (C), 4-6-2016)
16-21.030 - Residential zones allowable land uses and permit requirements.
A. General permit requirements. Table 2-1 identifies the uses allowed by this zoning ordinance in each residential zone, and the zoning permit required to establish each use, in compliance with section 16-20.030 (allowable land uses and zoning permit requirements). Permitted uses are shown as "P" uses in table 2-1.
B. Permit requirements for certain specific land uses. Where the last column in table 2-1
("Specific Use Regulations") includes a section number, the referenced section determines whether the use requires a conditional use permit. The referenced section may also refer to other requirements and standards applicable to the use.
C. Additional uses. Additional specific uses which are, in the determination of the
director, similar or accessory to those uses listed in table 2-1 shall be permitted only
when a conditional use permit is granted therefore as provided in section 16-52.040 (conditional use permit) and shown as "U" uses in table 2-1.
D. Improvement requirements.
1. R-2 zone. Conversion of existing two-family or multifamily dwellings in the R-2
zone into single-family dwellings or buildings containing fewer dwelling units
shall be subject to approval of a conditional use permit as provided in section 16-52.040 (conditional use permit).
2. R-3 zone. All improvements proposed for the R-3 zone other than alterations, additions or other changes to existing structures are subject to approval of a
conditional use permit as provided in section 16-52.040 (conditional use permit).
3. RPD and RMP zones. Approval of a precise development plan in compliance with the provisions of section 16-52.060 (precise development plan) is required prior to subdivision, grading, or improvements of any kind in the RPD and RMP zones.
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TABLE 2-1 Allowed Land Uses and Permit Requirements for Residential Zones
P Permitted Use U Conditional Use Permit
MP Ministerial Permit — Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use Regulations LAND USE (1) R-1 R-
1-B
R
O
R-2 R-3 R-4 RP
D
RM
P
AGRICULTURAL & OPEN SPACE USES
Agriculture, including aviaries (6) U U U U U U U U
Botanical conservatories, outdoor nature labs, and similar facilities — — — — — — U U
Open space use — — — — — — P P
Wildlife sanctuaries — — — — — — U U
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Equestrian facility (2) U U U — — — U U Title VI, 20-5.1
Golf course/country club U U U — — — U U
Library, museum U U U U U U — —
Parochial or other nonprofit school - elementary,
secondary, or college
U U U U U U U U
Philanthropic or charitable facility U U U U U U U U
Private residential recreation facilities U U U U U U U U
Public park P P P P P P P P
Playground U U U U U U U U
Publicly owned building or facility U U U U U U U U
Religious places of worship U U U U U U U U
RESIDENTIAL USES
Home occupation P P P P P P P P 16-52.110
Intermediate or community care facility (3) P P P P P P P P
Multifamily dwelling — — — — P P — P
Accessory dwelling unit /Junior accessory dwelling unit (5) MP MP MP MP MP MP MP MP 16-52.100/ 16-52.105
Single-family dwelling P P P P P — P P
Single-family dwelling providing room/board for 1 paying guest for a minimum of 31 consecutive days; vacation rentals are not permitted
P P P P — — P P
Two-family dwelling, attached — — — P — — — P
Two-family dwelling, detached — — — P(4) — — — — 16-40.020
Transitional, supportive housing P P P P P P P P
Key to Zoning District Symbols
R-1 Single-Family Residential R-3 Multifamily Residential
R-1-B Modified Single-Family Residential
RO Residential Open R-4 Multifamily Residential
R-2 Two-Family Residential RPD Residential Planned Development
RMP Residential Multiple Planned
Notes:
(1) See article X (definitions) for land use definitions.
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(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon revocation
of license issued under horse license ordinance.
(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-
family dwelling exception, as set forth in section 16-40.020. Detached two-family dwellings that
lawfully existed on June 4, 2003, are deemed legal nonconforming structures subject to provisions of division 16-62.
(5) Also subject to the standards adopted by separate resolution of the town council.
(6) Except for chicken keeping and beekeeping as set forth in section 16-40.070.
TABLE 2-1 Allowed Land Uses and Permit Requirements for Residential Zones
P Permitted Use U Conditional Use Permit
MP Ministerial Permit — Use not allowed
LAND USE (1) PERMIT REQUIRED BY DISTRICT Specific Use
Regulations R-1 R-1-
B
RO R-2 R-3 R-4 RPD RMP
SERVICES - GENERAL
Bed and breakfast facility (B&B) U U U — — — — —
Child day-care facilities, small
family day-care homes - up to 8 children (5)
P P P P P P P P Health &
Safety Code 1597.3 et
seq.
Child day-care facilities, large
family day-care homes - 9 to 14 children (5)
MP MP MP MP MP MP MP MP Health &
Safety Code 1597.46—
1597.465
Child day-care center - 15 or
more children
U U U U U U U U
Medical services - Hospital U U U U U U U U
Real estate tract office U U U U U U U U
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Public utility and communication equipment building U U U U U U U U
Wireless communication facility, amateur or professional U/MP U/MP U/MP U/MP U/MP U/MP U/MP U/MP Government Code
65850.6
Key to Zoning District Symbols
R-1 Single-Family Residential R-3 Multifamily Residential
R-1-B Modified Single-Family Residential
RO Residential Open R-4 Multifamily Residential
R-2 Two-Family Residential RPD Residential Planned Development
RMP Residential Multiple Planned
Notes:
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(1) See article X (definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse
license ordinance. Use permits for keeping horses shall automatically terminate upon revocation
of license issued under horse license ordinance.
(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-
family dwelling exception, as set forth in section 16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003, are deemed legal nonconforming structures subject to provisions of division 16-62.
(5) When located in a single-family dwelling.
(6) See Section 16-42.040 for specifics. Certain modifications, replacements and removals are
subject to ministerial review and approval under federal law or are eligible for streamlined discretionary review.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S. § 2(A), 8-15-2012; Ord. No. 542 N.S., §§ 2(C)(1), (2), 8-15-2012; Ord. No. 554 N.S. , § 2(A)(Exh. A), 2-18-2015; 555 N.S. , §
2(A)(Exh. A), 2-18-2015; Ord. No. 558 N.S. , § 2, 6-3-2015; Ord. No. 562 N.S ., § 2(A)(Exh.
A), 11-18-2015; Ord. No. 568 N.S., § 2(A), 2-1-2017; Ord. No. 577 N.S. , § 2(A), 5-16-2018)
16-21.040 - Residential zones development standards.
A. Development standards. Each subdivision shall comply with the minimum lot size requirements in table 2-2. Subdividers are advised that division 16.40 (standards for specific
land uses) may require a specific land use to be on a lot larger than required by this section.
Larger lots may be required based on slope restriction, refer to table 14-7.3 in Municipal Code chapter 14 (subdivision of land) for calculations of minimum lot size based on slope.
TABLE 2-2 RESIDENTIAL ZONES DEVELOPMENT STANDARDS
Zone Minimum Lot Area
Maximum Lot Coverage
Required Lot Width
Minimum Setback Requirements (1) Height Limit Maximum FAR Maximum Density 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% of lot depth or 25 ft. (whichever is less)
30 ft. 15 ft. See Section 16-52.020.I
4.4 du/acre
R-1-B-A 20 ft. 6 ft. 4.4 du/acre
R-1-
B-2 25 ft. 10 ft. 4.4 du/acre
RO-
1
40,000
s.f. 15% 70 ft. 30 ft. 20 ft. 1.1 du/acre
RO-2 20,000 s.f. 15% 50 ft. 30 ft. 15 ft. 3.0 du/acre
R-2 7,500 s.f.
(2) 35% 40 ft. 15 ft. 8 ft. 11.6 du/acre
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3,750 s.f. per dwelling (2)
R-3
10,000 s.f.
30% ―
8 ft.
.60
12.4 du/acre 3,500 s.f. per dwelling
R-4
10,000 s.f.
40% ― 1.0
20 du/acre minimum; 25 du/acre maximum
1,750 s.f. per dwelling
RPD Established by adopted master plan/precise plan or precise development plan for development 30 ft.
(3) 15 ft. (3)
See section 16-52.020.I
See Table LU-3 of General Plan
RMP Established by adopted master plan/precise plan or precise development plan for development .30 (4) 12.4 du/acre
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.
B. Open space standards.
1. R-2 zone usable open space. Minimum required usable open space per dwelling unit in the R-2 zone is three hundred seventy-five square feet with a minimum dimension of not less than twelve feet.
2. R-3and R-4 zones usable open space. Minimum required usable open space per
dwelling unit in the R-3 zone is as set forth below, with a minimum dimension of not
less than twelve feet:
a. Per efficiency or studio apartment: one hundred fifty square feet;
b. Per one bedroom apartment: two hundred square feet;
c. Per two-bedroom apartment: two hundred fifty square feet;
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d. Per three or more bedroom apartment: three hundred square feet.
C. Density standards.
1. Undeveloped land. Maximum residential densities for undeveloped land in the RPD and RMP zones shall be as established on the land use diagram in the land use element
of the general plan.
2. RPD zone developed land. Maximum residential densities for developed land in the RPD zone shall be as established by the adopted master/precise plan, precise development plan, or equivalent zoning permit for the development, as finalized by the recorded subdivision map(s) for the development. Planned developments with recorded
subdivision maps are considered to be fully subdivided and are not subject to further subdivision and shall not exceed allowable general plan density limits.
3. RMP zone developed land. Maximum residential densities for developed land in the RMP zone shall be as established by the adopted master and/or precise plans, precise development plans, or condominium plan for the development, as finalized by the
recorded subdivision map, or condominium plan, for the development. Planned developments with recorded subdivision maps and/or condominium plans are considered to be fully subdivided and are not subject to further subdivision, and shall not exceed allowable general plan density limits.
SECTION 5. AMENDMENTS TO CHAPTER 16, DIVISION 22.
Tiburon Municipal Code Title IV, Chapter 16, Division 22 (Commercial Zones) is hereby amended to read as follows:
16-22 Neighborhood Commercial Zone
16-22.010 Purpose.
The purpose of division 16-22 is to establish the land uses that may be allowed within the Neighborhood Commercial zone established by section 16-14.020 (zoning map and zones), determine the types of zoning permit (if any) required for each use, and provide standards for site
layout and building size.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-22.020 Purposes of the Neighborhood Commercial zone.
The purpose of the Neighborhood Commercial zone is to primarily provide for resident-serving commercial and office uses, while allowing incidental residential uses and mixed-use commercial/residential projects in accordance with the general plan. Predominantly tourism-
oriented uses (i.e., souvenir shops) are strongly discouraged in this zone, and street-fronting
ground floor office use restrictions apply to portions of the NC zone.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
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16-22.030 Allowable land uses and permit requirements.
A.
Permitted uses in the NC zone.
1. Use-for-use changes (e.g., restaurant to restaurant) or minor structural alterations when no substantive intensification of use, as determined by the director, is proposed; except as set forth in subsection A.1.e below. Substantive intensification of use shall be measured in terms of parking requirements, number of employees at maximum shift,
total floor area occupied, vehicular trip generation, or other factors within the
reasonable discretion of the director. The term "use for use changes" is qualified to limit its applicability to situations where the replacement use is substantially similar to the prior use in the reasonable discretion of the director.
2. Lawfully existing uses established prior to December 26, 1990, shall be permitted to
operate under the authority and limitations of applicable zoning permits.
3. The Point Tiburon Plaza commercial area shall continue to be regulated by provisions of the Point Tiburon precise plan and master conditional use permit. Conditional use permits for new uses in the Point Tiburon commercial area may be issued in accordance with provisions herein provided that such approvals are consistent with the Point
Tiburon precise plan and master use permit.
4. Table 2-3A (allowed land uses and permit requirements) identifies the uses allowed in the Neighborhood Commercial zone, and the zoning permit required to establish each use. Uses identified as “U” shall require approval of a conditional use permit in compliance with the provisions of section 16-52.040 (conditional use permit) which are
required prior to:
a. New construction or subdivision of land;
b. Additions to existing structures;
c. Reconstruction of existing structures; and/or
d Grading of undeveloped or cleared land.
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TABLE 2-3A ALLOWED LAND USES & PERMIT REQUIREMENTS
P: Permitted use U: Conditional Use Permit
― : Use not allowed
Land Use Permit Requirement Specific Use Regulations
Retail
Including, but not limited to: art supply stores, dry goods, grocery stores, candy, pharmacies, florists, furniture stores, garden supplies, hardware, paint, jewelry, clothing, shoes,
music, sporting goods, stationery and office supplies, electronics, pet supplies, art galleries, stamp & coin shops, toy stores, and newsstands.
P
Souvenir Shops ―
Firearms sales ―
Personal Services
Including, but not limited to: barber shops, beauty salons, nail
salons, massage establishments, photography and art studios, dry cleaning establishments without on-site processing, laundromats, music/dance/art instruction, or travel agencies
P
Dry cleaning establishments with on-site processing U
Food and Beverage
Including, but not limited to: restaurants, bars/cocktail lounges, wine shops with on-site tasting, brewpubs, outdoor eating areas, any establishment serving any alcoholic beverage on the premises, convenience markets, liquor stores,
catering/commercial food kitchens, and bakeries with on-site production.
U
Bakeries (retail sales only) and wine shops (retail sales only). P
Fast food ―
Recreation and Entertainment
Including, but not limited to: fitness/recreation facilities,
theaters, meeting halls and hotels
U
Adult-oriented businesses ―
Business and Household Services
Including, but not limited to: banks, financial institutions, real
estate agencies, photocopy and printing, computer and electronics repair, shoe repair, watch repair, locksmiths, upholstery shops, picture framing, and animal grooming
P
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(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 548 N.S, § 2(A), (B), 3-5-2014; Ord. No. 554 N.S. , § 2(B), 2-18-2015; Ord. No. 564 N.S. , §§ (EE), (FF), 4-6-2016)
16-22.040 General development standards.
A. General standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance
with the requirements in Table 2-3 in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (general development standards and parking).
Animal care and boarding U
Child day care center U TMC 16-
40.050
Mortuaries and funeral homes U
Medical and non-medical marijuana facilities ― TMC 16-40.090
Automotive Services
Including, but not limited to: auto sales and rentals, auto parts, gas stations, car washes and vehicle repair
U
Offices
Including, but not limited to: business and professional offices, medical offices and clinics, laboratories, and opticians/optometrists
P
Residential
Including, but not limited to: multi-family dwellings,
transitional and supportive housing and home occupations
P TMC 16-52.110
Emergency shelters P TMC 16-
40.060
Transportation Facilities
Including, but not limited to: bus stations, ferry terminals, off-
street parking facilities (commercial or public), and public electric vehicle charging facilities
U
Communication Facilities
Including, but not limited to: wireless telecommunication facilities, and radio, microwave and TV transmission facilities
U TMC 16-42
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TABLE 2-3 NEIGHBORHOOD COMMERCIAL ZONE DEVELOPMENT STANDARDS
Zone Minimum Lot Area Height Limit Maximum FAR
Primary Accessory
NC 10,000 s.f. 30 ft. (2) 0.37 (1)
Notes: (1) Unless a transfer of intensity has been approved in compliance with general plan downtown element policies or the building is reconstructed pursuant to general plan downtown element policies.
(2) For downtown properties with frontage on Tiburon Boulevard, thirty-eight feet
and no more than three stories.
B. Exceptions.
1. Exception for street-fronting ground floor office use in the NC zone. An exception may be granted to allow street-fronting ground floor office use otherwise prohibited by
section 16-22.030 (allowable land uses and permit requirements), provided that the review authority finds that the applicant has provided substantial and compelling evidence that retail, restaurant, or personal service use is not economically viable in the proposed location.
2. Exception for street-fronting ground floor office use in the VC zone and 1690 through
1698 Tiburon Boulevard. An exception may be granted to allow street-fronting ground floor office use otherwise prohibited by section 16-22.030 (allowable land uses and permit requirements), provided that the following finding a. below is made and one or more of the following findings b. and c. is made by the review authority:
a. The use is otherwise consistent with general plan and zoning ordinance provisions
and the findings can be made for approval of a conditional use permit for the use.
b. The space proposed for the office use is not physically suitable for retail, restaurant, or personal service use.
c. The applicant has provided substantial and compelling evidence that retail, restaurant, or personal service use is not economically viable in the proposed
location.
3. For residential projects qualifying for streamlined (ministerial) processing under current and future State housing law, including but not limited to Government Code sections 65913.4, 655589.5 and 756852.21, the standards applicable to the Mixed Use (MU) zone in Division 16-23 shall apply.
C. Minor floor area additions. Minor floor area additions to properties exceeding FAR limits may be approved without the need for a general plan or zoning ordinance amendment. Minor floor area additions are those that do not materially increase parking demand (as defined in division 16-32 [parking and loading standards]) or traffic generation. A finding
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must be made by the review authority that there will be no material adverse effects from the granting of the minor floor area addition.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 548 N.S, § 2(C), 3-5-2014)
SECTION 6. AMENDMENTS TO CHAPTER 16, DIVISION 23.
Tiburon Municipal Code Title IV, Chapter 16, Division 23 (Overlay Zones) is hereby replaced in
its entirety to read as follows:
16-23 Downtown Zones
16-23.010 Purpose.
The purpose of division 16-23 is to establish standards for land uses, site layout, and
building form and design in the Downtown zones including the MS (Main Street), VC (Village Commercial), and MU (Mixed Use) zones. These requirements constitute “objective standards” under current state housing law, including but not limited to Government Code sections 65913.4, 655589.5 and 756852.21, to provide clear development standards that allow for streamlined review processes.
A. The MS (Main Street) zone intends to support the downtown area by providing a wide range of resident and tourist-serving commercial uses. Mixed commercial and residential uses are allowed. The MS zone conforms with the general plan land use designation Main Street (MS).
B. The MU (mixed use) zone intends to encourage development of multifamily dwellings in a
pedestrian-oriented setting. The MU zone conforms with the general plan land use designation mixed use (MU).
C. The VC (village commercial) zone intends to support the Ark Row portion of the downtown area by providing a wide range of resident and tourist-serving commercial use. Mixed commercial
and residential uses are allowed. The VC zone conforms with the general plan land use designation Village Commercial (VC).
Further, the purposes of this Division are to:
A. reinforce downtown as a cultural and commercial destination;
B. accommodate infill housing of appropriate scale and character;
C. maintain and enhance downtown’s design character;
D. facilitate transitions from lower scale residential areas to mixed-use downtown zoning districts that are compatible with adjacent residential neighborhoods;
E. remove barriers to revitalization and reinvestment through clear, objective, and context-
sensitive standards;
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F. promote a walkable compact development pattern that supports safe and convenient pedestrian mobility and other multi-modal transportation options; and
G. implement the Downtown and Housing elements of the Tiburon General Plan.
16-23.020 Allowable land uses and permit requirements.
A. General permit requirements. Table 2-A (allowed land uses and permit requirements)
identifies the uses allowed in each downtown zone and the zoning permit required to establish each use. Permitted uses are shown as "P" in table 2-A (allowed land uses and permit requirements).
Figure 2-1: Zoning Districts and Street Frontages
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TABLE 2-A
ALLOWED LAND USES AND PERMIT REQUIREMENTS
P: Permitted use U: Conditional Use Permit
― : Use not allowed
* : Use not allowed on the ground floor where Commercial Frontage is required (1)
LAND USE PERMIT REQUIREMENT Specific Use Regulations MS MU VC
Retail
Including, but not limited to: art supply
stores, dry goods, grocery stores, candy,
pharmacies, florists, furniture stores, garden supplies, hardware, paint, jewelry, clothing, shoes, music, sporting goods, stationery and office supplies,
electronics, pet supplies, art galleries,
stamp & coin shops, toy stores, and newsstands.
P P P
Souvenir Shops P ― P
Firearms sales ― ― ―
Personal Services
Including, but not limited to: barber shops, beauty salons, nail salons,
massage establishments, photography and art studios, dry cleaning establishments without on-site processing, laundromats, music/dance/art instruction, or travel
agencies
P P P
Dry cleaning establishments with on-
site processing ― U ―
Food and Beverage
Including, but not limited to:
restaurants, bars/cocktail lounges, wine
shops with on-site tasting, brewpubs, outdoor eating areas, any establishment serving any alcoholic beverage on the
premises, convenience markets, liquor
stores, catering/commercial food
U U U
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kitchens, and bakeries with on-site production.
Bakeries (retail sales only) and wine shops (retail sales only). P P P
Fast food ― ― ―
Recreation and Entertainment
Including, but not limited to: fitness/recreation facilities, theaters, meeting halls and hotels
U U U
Adult-oriented businesses ― U* ―
Business and Household Services
Including, but not limited to: banks, financial institutions, real estate agencies, photocopy and printing, computer and electronics repair, shoe
repair, watch repair, locksmiths, upholstery shops, picture framing, and animal grooming
P P P
Animal care and boarding U U U
Child day care center U U U 16-40.050
Mortuaries and funeral homes U U U
Medical and non-medical marijuana facilities ― ― ― 16-40.090
Automotive Services
Including, but not limited to: gas stations, car washes and vehicle repair
U* U* U*
Offices
Including, but not limited to: business and professional offices, medical offices
and clinics, laboratories, and
opticians/optometrists
P* P* P*
Residential
Including, but not limited to: multi-
family dwellings, transitional and supportive housing
P P P
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Notes:
(1) Parcels with Required Commercial Frontage are shown on the Town of Tiburon Zoning Map
and regulated by section16-23.050.B (commercial street frontages).
(2) Also subject to the standards adopted by separate resolution of the Town Council.
B. Change of use and additional uses. Changes made to the existing land use that are not qualified as use-for-use changes, and additional specific uses which are, in the determination of the director of community development, similar or accessory to those uses listed in table
2-A (allowed land uses and permit requirements), shall be permitted only when a
conditional use permit is granted as provided in section 16-52.040 (conditional use permit) and when the use is identified as "U" in table 2-A (allowed land uses and permit requirements).
C. Use-for-use changes and minor structural alterations. Use-for-use changes (e.g., restaurant
to restaurant) or minor structural alterations when there is no substantive intensification of
use, as determined by the Director, are allowed except that land uses precluded on the ground floor of required commercial frontages as set forth in table 2-4 (allowed land uses and permit requirements) and as indicated in figure 2-1 (zoning districts and street frontages) may not expand their floor area on the ground floor. Substantive intensification of
use shall be measured in terms of parking requirements, number of employees at maximum
shift, total floor area occupied, vehicular trip generation, or other factors within the reasonable discretion of the Director. The term "use-for-use changes" is limited to situations where the replacement use is substantially similar to the prior use in the reasonable discretion of the Director.
Accessory Dwelling Units/ Junior Accessory Dwelling Units (2) MP MP MP 16-52.100/ 16-52.105
Emergency shelters -- P P 16-40.060
Transportation Facilities
Including, but not limited to: bus stations, ferry terminals, off-street parking facilities (commercial or
public), and public electric vehicle
charging facilities
U U U
Communication Facilities
Including, but not limited to: wireless
telecommunication facilities, and radio, microwave and TV transmission facilities
U U U 16-42
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D. Pre-existing uses. Lawfully existing uses established prior to December 26, 1990, shall be permitted to operate under the authority and limitations of applicable zoning permits.
16-23.030 Site planning.
A. Site standards. New subdivisions, land uses, and structures, and alterations to existing land uses and structures shall conform to the requirements in table 2-B (site standards).
TABLE 2-B SITE STANDARDS
Standard MS MU VC
Lot size, minimum (square feet) 10,000
Residential density, maximum (dwelling units per acre) 25 35 15
Residential density, minimum (dwelling units per acre)(1) 20 30 10
Total Floor Area Ratio (FAR), maximum 1.50 1.75 0.28
Block width, maximum (2)(3) 200 feet n/a
Notes:
(1) Housing Element Sites. Residential use must occupy 50% of the total floor area of any
mixed use development project on Sites 1-7 and 9 as identified in the 6th Cycle Housing Element
(2) Separation of block widths may be accomplished with a paseo, lanes, or courtyard that extends at least 30 feet behind the façade plane.
(3) For block width illustrated, see figure 2-15 (block width and massing increments).
16-23.040 Building envelope and placement.
A. Heights, setbacks, and stepbacks. Building heights, setbacks, and stepbacks. New structures and alterations to existing structures shall conform to the requirements in table 2-C (building heights, setbacks, and stepbacks), with height exceptions consistent with section
16-30.050.D, and as illustrated in figure 2-2 (setback requirements for Mixed Use and Main
Street zones). Construction in flood hazard zones shall conform to the requirements in chapter 13D (flood damage prevention).
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Table 2-C
BUILDING HEIGHTS, SETBACKS, AND STEPBACKS
Standard MS MU VC
Building Setbacks
Front Setback from Street Property Line
Minimum (1) 0 feet 10 feet 10 feet
Maximum (2) 2 feet 15 feet 20 feet
Side Setback, Minimum 0 feet 5 feet 5 feet
Rear Setback, Minimum 0 feet, except:
20 feet adjacent to R-zoned parcels,
10 feet adjacent to Juanita Lane ROW
Building Height Standards
Maximum Building Height (3) 3 stories, up to 45 feet 2 stories, up
to 30 feet
Maximum Height within 60 feet of R-zoned
property
2 stories, up to 35 feet 1 story, up to
20 feet
Minimum Building Height (4) 25 feet
Building Stepback Standards
Height above which requires Stepbacks above 2 stories or 30 feet, whichever is less
Minimum Depth of Required Stepback
(5)(6)(7) 10 feet 20 feet 20 feet
Notes:
(1) When adjacent to street intersections, line-of-sight setback standards in section 16-30.050.E also apply.
(2) Maximum setback requirements only apply to street-facing buildings used to conform
with subsection 16-23.050.A.1 (street frontage continuity).
(3) Allowable height shall include up to half of the vertical height of sloped roofs (i.e., half of the distance between lowest eave and the highest point within principal roof volume)
(4) Not applicable to accessory buildings or detached accessory dwelling units.
(5) Standards illustrated in figure 2-2 (setback requirements for Mixed Use and Main Street
zones).
(6) Measured from the front property line.
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(7) Stepback requirements do not apply to building facades that: face the corner of Tiburon Boulevard & Beach Road in conformance with subsection 16-30.050.E (height limit at street intersections), or to one façade increment within each massing unit, in conformance with subsection 16-23.060.A (scale of development).
Figure 2-2: Setback requirements for Mixed Use and Main Street zones
B. Allowable projections into setbacks. Specified building elements may project beyond the
Facade Plane into Setbacks in accordance with table 2-D (allowable projections into setbacks). These requirements shall supersede section 16-30.030.F (allowed projections into setbacks). When located within the public right-of-way, building projections are subject to issuance of an encroachment permit per division 19-2. No building projection shall be less than 8 feet in height above a pedestrian path of travel.
TABLE 2-D
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ALLOWABLE PROJECTIONS INTO SETBACKS
Allowable
Projection
Applicable
Frontage Type Maximum Projection
Arcade (1) Commercial 12 feet
Awning (2) Commercial or Residential 6 feet
Cornices (2) Commercial or Residential 1 foot
Eaves (2) Commercial or Residential MS zone: 1 foot
MU & VC zones: 4 feet
Porches & Stoops (1) Residential 6 feet (excluding stairs)
Stairs (1) Commercial or
Residential
up to property line
Balconies,
Bay Windows
(2)(3)
Residential 30 inches on upper floors only.
May not exceed a width of 12 feet
Wall-Mounted
Lighting & Planters (2)
Commercial or
Residential
18 inches (at least 8 feet above
grade)
Notes:
(1) Not allowed within the public right-of-way.
(2) When located within the public right-of-way, subject to issuance of an Encroachment Permit per division 19-2.
(3) Neighboring balconies and bay windows may not be closer than 4 feet in
separation.
16-23.050 Street frontages.
A. Relationship of building to street.
1. Street frontage continuity. At least 75 percent of a parcel’s total available street frontage adjacent to a public right-of-way shall be occupied by commercial street
frontage, residential street frontage, community open space, or some combination of these, as defined in section 16-23.050.B (commercial street frontage) and section 16-23.050.C (residential street frontage), and as illustrated in figure 2-3 (street frontage continuity). Areas devoted to parking and service areas may not be used to meet this requirement.
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Figure 2-3: Street Frontage Continuity
2. Extent of street frontage. Street frontages include features adjacent to property lines
along a public street, including:
a. the façade plane between finished grade and the floor of the second level;
b. the building use accessible at the ground level;
c. the building setback, if any;
d. that part of the public right-of-way between the curb and front property line; and
e. that part of the property that is within the front setback or 20 feet, whichever is
greater, but where there is no building.
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These features are further described in figure 2-4 (commercial street frontage illustrated), figure 2-5 (residential street frontage illustrated), and figure 2-6 (mixed-use street frontage illustrated).
Figure 2-4: Commercial Street Frontage Illustrated
Figure 2-5: Residential Street Frontage Illustrated
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Figure 2-6. Mixed-Use Street Frontage Illustrated
3. Building entrance location and pedestrian access. Sidewalks that lead to principal building entrances shall connect directly to a public sidewalk, or connect indirectly to a public sidewalk via a private sidewalk that passes within a paseo, courtyard, corner
plaza, or lane, as defined by section 16-23.070.C (community open space).
4. Frontage on Juanita Lane. A project adjacent to Juanita Lane shall front onto and orient principal building entrance(s) to Tiburon Boulevard, Main Street, or Beach Road. Such a project shall orient vehicle site access from Juanita Lane and not from other streets. Projects on Juanita Lane shall be exempt from street frontage requirements, except that
setback areas along Juanita Lane shall be landscaped, except to allow for access (including vehicular, bicycle, or pedestrian) and utilities. Projects shall make sidewalk improvements along Juanita Lane as described in subsection 16-23.070.C.5 (Juanita Lane improvements).
B. Commercial street frontage.
1. Required commercial street frontages. The Town of Tiburon Zoning Map indicates where commercial street frontages are required, and where they are allowed but not required.
2. Required commercial frontage allowable uses. Storefronts shall be accompanied by a
first-floor space that is at least 25 feet deep and contain an allowable use consistent
with commercial zone requirements in table 2-A (allowed land uses and permit requirements).
Commercial uses not otherwise allowed on the ground floor as part of commercial frontages may be located on upper stories and/or behind a Storefront with at least 25-
foot depth, commercial lobby, or residential vestibule.
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3. Commercial street frontage design. Where commercial street frontage is applied, ground-floor improvements shall be comprised of the street frontage types and consistent with standards provided with each figure listed:
a. storefronts (figure 2-8);
b. arcades (figure 2-9);
c. commercial lobbies (figure 2-10); and
d. residential vestibules (figure 2-13).
4. Commercial street frontage transparency. Along commercial street frontages, at least 60 percent of the ground-floor area of a façade plane, as measured from 2.5 to 8 feet above finished grade, shall be comprised of windows and/or doorlites with clear
unobscured glass, as shown in figure 2-7 (commercial street frontage transparency).
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Figure 2-7: Commercial Street Frontage Transparency
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Figure 2-8: Storefronts
Figure 2-9: Arcades
Figure 2-10: Commercial Lobbies
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Figure 2-11: Porches
Figure 2-12: Stoops
Figure 2-13: Residential Vestibules
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C. Residential street frontage.
1. Required residential street frontage. The Town of Tiburon Zoning Map indicates where residential street frontages are required. Residential street frontages are allowed along street edges, except where commercial street frontages are required.
2. Residential street frontage design. Where residential street frontage is applied, ground-
floor improvements shall be comprised of the following street frontage types and consistent with standards provided with each figure listed:
a. porches (figure 2-11);
b. stoops (figure 2-12); and
c. residential vestibules (figure 2-13).
3. Residential street frontage transparency. Window openings and/or door openings, inclusive of inset frames, shall comprise at least 25 percent of the width of a façade plane along the ground floor of a residential street frontage.
D. Community open space street frontage. Street frontage may be comprised of community open space subject to the requirements of section 16-23.070.C (community open space).
E. Site access and service areas.
1. Site access location and design. Off-street lanes, alleys, and parking areas shall connect to a public right-of-way by access driveways and comply with the following design standards:
a. The paved width of driveways in a front building setback shall not exceed 20
feet.
b. A stop sign or other stop marking that is in clear view of exiting motorists shall be placed where exiting cars cross public sidewalks or other pedestrian paths or travel.
c. From a point that is 5 feet or more from a sidewalk, motorist egress shall have
an uninterrupted line of sight to the sidewalk at a 45-degree angle from straight ahead and in both directions.
d. Driveways that cross public sidewalks shall be at the same level as the sidewalk.
2. Loading. Off-street loading spaces shall be subject to section 16-32.090 (loading berths).
3. Vehicle entry gates. Vehicle entry gates shall conform with subsection 16-30.030.H. (vehicle entry gates), except to require that vehicle entry gates be setback behind the Facade Plane or at least 20 feet from any public sidewalk, whichever is greater.
4. Service area location and screening. Service entrances, waste disposal areas, and other similar service areas shall not be located within the front setback or between a building
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and the street right-of-way or public open space. For project sites greater than one acre, service areas shall be located:
a. behind street-facing buildings;
b. enclosed within a building envelope;
c. screened from view of public sidewalk(s) with a solid wall or fence at least four
(4) feet in height, and/or
d. screened from view of public sidewalk(s) by shrubs that are or can be expected to grow to four (4) feet in height.
5. Ground-level utility boxes and equipment. Ground-level utility boxes and equipment, including but not limited to back-flow preventers, air conditioner units, transformer
boxes, gas and electric meters, generators and other utilities, shall not be located within the front setback of a project or between a street-facing building and a public street right-of-way. If this is determined to be technically infeasible by a qualified engineer, ground-level utility boxes and equipment may be located in the front setback but shall be screened from all direct sight lines from public sidewalks by shrubs that can be
expected to grow to the same height as the box or equipment.
16-23.060 Building scale and design.
A. Scale of development. Massing increment and façade increment standards regulate the horizontal scale of building architecture parallel with streets. These horizontal increments complement limitations on vertical height and stepback requirements.
1. Massing increments. The width of any portion of a facade plane facing a street and within 20 feet of the street right-of-way shall not exceed 90 feet, as illustrated in figure 2-14 (massing increments and façade increments).
On parcels that are greater than one acre, adjacent massing increments shall be separated by a recess in the facade plane that is at least 12 feet wide and 10 feet deep,
as illustrated in figure 2-15 (block width and massing increments).
The height of the street-facing building façade closest to a public street shall be limited vertically by required stepbacks above the second floor, as illustrated in figure 2-2 (setback requirements for mixed use and main street zones).
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Figure 2-14. Massing Increments and Façade Increments
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Figure 2-15. Block Width and Massing Increments
2. Façade increments.
a. Facade increments shall not exceed 60 feet in width. In addition, adjacent façade increments shall differentiate architectural expression with at least three of the following:
i. vary exterior finish material of the facade plane from among wood, stucco,
metal, and cementitious materials;
ii. vary exterior finish texture from among shingles, board-and-batten, shiplap, panels, and uninterrupted planes;
iii. vary at least two types of projections, including bay windows, balconies, awnings, ridged canopies, porch, stoop, cornice, and eaves.
iv. vary at least two types of openings, including window grouping pattern,
window muntin pattern, door type, lintels, and arcades.
v. vary hue of the color of the building façade by at least 30 degrees within a 360-degree color wheel; and/or
vi. vary grey value of the color of the building façade by at least 20 percent within a 100 percent grey scale.
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b. Adjacent façade increments shall also be separated by at least one of the following vertical features:
i. a vertical metal reinforced control joint or expansion joint creating a gap that is at least 1-inch in width;
ii. a metal downspout (not thinner than 28 gauge) that extends from roof to ground, except to avoid cornices, eaves, or other horizontal projections;
and/or
iii. a vertical recess between façade increments with a minimum width and depth of at least 6 inches, and with a rear surface of the recess having a dark grey value of least 50 percent.
c. In the Mixed Use zone, adjacent façade increments shall vary the height of the
façade plane by at least 10 feet. The lower façade increment height shall be accompanied by a stepback depth consistent with table 2-C (building heights, setbacks, and stepbacks).
3. Facade plane. At least two-thirds of the area of a façade increment that faces a street or public open space shall be in the same street-facing plane, which shall comprise a
facade plane. Each facade plane shall be comprised of a single exterior finish when the ground-floor land use and upper-story land use are the same. When the ground-floor land use and upper-story land use are different, then one or two exterior finishes may be applied. When two exterior finishes are applied, the finishes shall be separated along the upper interior edge of a cornice that extends at least six inches in front of the facade
plane and with a cornice height of at least one foot.
4. Block width. Block width requirements further limit the horizontal scale of buildings facing streets, as described in table 2-B (site standards) and figure 2-15 (block width and massing increments).
B. Exterior finish materials.
1. Exterior materials. Allowable exterior building materials are set forth in table 2-E
(allowable materials). Materials not allowed include vinyl and aluminum products, including those intended to simulate wood, and rough sawn wood. Concrete block is not allowed, unless concealed by allowable materials listed below.
TABLE 2-E
ALLOWABLE MATERIALS
Exterior Material MS MU VC
Wood Allowed
Stucco, metal, fiber cement panels Allowed Not allowed
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Building base: concrete & brick, up to one story in height Not allowed Allowed Not allowed Building base: stone, up to four feet above grade
2. Materials at corners. Veneers and other surface applications shall not be discernable. Materials shall be continued horizontally around the entirety of allowable projections and at visible exterior building corners, unless the material would be concealed by an immediately abutting structure. The same materials shall extend around an outer corner
until: 1) it meets an interior corner, or 2) for at least eight (8) feet. The edge of wood finishes shall be concealed at exterior corners by corner boards or miter joint.
3. Wood. Exterior application of wood shall be comprised of one of the following:
a. wood modules comprised of lap siding, vertical plank siding, horizontal plank
siding, or shingles; or
b. exterior plywood with battens to cover joints and horizontally spaced not less than 2 feet on center.
4. Stucco and concrete. For exterior application of stucco and concrete, a horizontal expansion joint or control joint shall be placed at the level of each floor and roof, and a vertical expansion joint shall occur at least every fourteen feet. For stucco, expansion
and control joints shall be reinforced with metal.
5. Metal. Metal panels and metalwork may be used but shall be non-reflective and shall not produce glare. Metal pieces, panels, fasteners, and detailing shall be resistant to corrosion.
6. Brick and stone. If brick and stone are used around a building opening, a soldier course
or lintel shall be incorporated, which is above the opening and at least 8 inches tall.
7. Façade color. For building facades that can be seen from a street or public open space, pastel color finishes are not allowed, such that if not white, the color hue shall contain at least 10% grey.
C. Windows.
1. Window type. Operable windows shall be limited to double-hung, awning, or casement type windows. Horizontal sliding and hopper windows are prohibited.
2. Operable windows. Rooms with exterior windows shall include one or more operable windows, except where exclusive use of fixed windows are needed to mitigate excessive noise or air quality impacts.
3. Window materials. Solid wood or steel sash windows are required. Hollow window sections are not allowed.
4. Mullions. Mullions may not be behind glass, such as within double glazed windows, but must project beyond the exterior of the glass surface.
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5. Clear glass. Except for bathroom windows, exterior glass shall be clear in appearance having at least 90 percent light transmission within the visible spectrum, and shall not be mirrored, frosted, or opaque.
6. Recessed glass. Window glass shall be recessed at least 2 inches behind facade plane.
7. Wood trim. Where a façade plane is surfaced with wood, windows shall be framed by
wood.
8. Privacy. Within the same development project, facing windows shall at least include one of the following:
a. separated horizontally by at least 20 feet,
b. offset horizontally by at least 10 degrees perpendicular to window plane,
c. have an interior sill height that is at least 48 inches above floor; or
d. use obscured glass.
16-23.070 Open space.
A. Private and semi-private open space.
1. Open space for residents’ use. Residential development projects shall provide usable
open space for the private and shared use of its residents and their guests in accordance with table 2-F (usable open space required per dwelling unit). Required useable open space may be met using a combination of privately accessible open space consistent with subsection 16-23.070.A.2 and shared semi-private open space consistent with subsection 16-23.070.A.3.
TABLE 2-F USABLE OPEN SPACE REQUIRED PER DWELLING UNIT
Dwelling Size Minimum Area
Efficiency or Studio 150 square feet
One Bedroom 200 square feet
Two Bedroom 250 square feet
Three or More Bedrooms 300 square feet
2. Private open space. Each dwelling unit shall include at least 40 square feet of private open space. Usable private open space includes: balconies at least 2 feet deep; or covered porches, covered stoops, fenced decks, or fenced yards, which are at least 6
feet clear in all directions.
3. Semi-private open space. Residential development projects shall include shared semi-private open space for the use of building residents and their guests, except for townhouse dwelling units which may use private open space to meet all or part of
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subsection 16-23.070.A.1 (open space for residents’ use) requirements. Semi-private open space(s) shall have an area that is not less than 100 square feet per dwelling unit.
Semi-private open space may include shared community gardens, lawns, roof terraces, play areas, community rooms, reading rooms, and recreation centers. Community rooms, reading rooms, and recreation centers may be enclosed. These spaces shall have
a clear dimension of at least 25 feet in each direction.
Semi-private open space may be provided adjacent to Paseos but only the usable portions, exclusive of the areas devoted to pedestrian circulation and landscape buffers next to dwelling units, may count towards the minimum square footage standards. Semi-private open space requirements may also constitute portions of courtyards that
are accessible to the public, consistent with section 16-23.070.C (community open space).
B. Public and publicly-accessible open space
1. Improvements to public sidewalks. Development projects shall make improvements to adjacent public sidewalks. Street frontage improvements shall include all of the
following:
a. a continuous path for pedestrian travel shall be provided along sidewalks and shall have an unobstructed width of at least six feet;
b. street trees shall be planted along sidewalks between two and four feet from the curb, and shall be spaced not less than 30 feet on center, but not within 40 feet of a
public street intersection;
c. street trees shall be selected from a list of acceptable species provided by the town;
d. where adjacent to a commercial street frontage, each street tree shall be accompanied by a tree well that is between four and eight feet wide, and the sidewalk shall extend to the curb where tree wells are not present;
e. where adjacent to a residential street frontage, street trees shall be accompanied by a landscape strip behind the curb that is between four and eight feet wide. The landscape strip shall be continuous except to allow sidewalk access to parked vehicles or curbside drop off;
f. street lighting shall be installed in line with street trees, shall not exceed a height of
18 feet, and shall have light fixtures (luminaires) and light pole base plates consistent with specifications provided by the town;
g. along commercial street frontages, bicycle parking shall be installed consistent with section 16-23.090.C (bicycle parking), and shall be consistent with specifications provided by the town.
The town engineer may waive requirements that are in this section if they are deemed unnecessary or infeasible. A determination of feasibility may be received prior to submitting an application for development by submitting utility and/or circulation information prepared by qualified professional(s) to the town engineer.
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2. Privately-owned public open space. For development projects with forty or more dwelling units, at least one privately-owned public open space shall be provided, which shall be maintained by the property owner and shall remain accessible to the public. Each privately-owned public open space shall have a minimum clear dimension in each direction of at least 30 feet and a minimum site area that is not less than the sum of 30
square feet per dwelling unit, plus 1 square foot per 20 square feet of commercial floor area, but not less than a total of 1,200 square feet.
A privately-owned public open space shall be designed as either a courtyard or corner plaza, consistent with section 16-23.070.C (community open space).
C. Community open space.
1. Courtyards. Courtyards shall be used to separate blocks required by table 2-B (site standards) and shall meet all of the following design requirements:
a. have a minimum site area on private property of at least 1,200 square feet;
b. have a minimum width of at least thirty feet;
c. have one side of the courtyard’s frontage open to a public street;
d. be accessible to the public directly from the adjacent street right-of-way;
e. include fixed seating in the form of benches and/or seat walls, with at least 1 seat (18 inches in width) per 100 square feet of courtyard site area;
f. have not less than 50 percent of the perimeter enclosed by building(s);
g. the ground-floor of buildings adjacent to a Lane shall conform to transparency
requirements in subsection 16-23.050.B.4 (commercial street frontage transparency) and subsection 16-23.050.C.3 (residential street frontage transparency); and
h. have landscaped areas comprising not less than 25 percent of the courtyard site area.
2. Corner plazas. Corner plazas are allowed at street intersections, and shall meet all the
following design requirements:
a. be open and accessible on two sides to public streets, and in conformance with section 16-30.050.E (height limit at street intersections);
b. have a minimum of 1,200 square feet of site area on private property;
c. have a minimum width of at least thirty (30) feet;
d. include fixed seating in the form of benches and/or seat walls, with at least 1 seat per 100 square feet of plaza site area;
e. have not less than 50 percent of perimeter of plaza enclosed by building(s);
f. the ground-floor of buildings adjacent to a corner plaza shall conform to section 16-23.050.B (commercial street frontages) and section 16-23.050.C (residential street
frontage); and
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g. have landscaped areas comprising not less than 25 percent of the plaza’s site area.
3. Paseos. Paseos are linear landscape passages for pedestrian movement that extend in from streets and may link to other paseos. Paseos may be enclosed on buildings on one or both sides. Paseos may be used to provide a required connection from building entrances to a street to conform with subsection 16-23.050.A.3 (building entrance
locations). Paseos shall meet all of the following design requirements:
a. access to the Paseo may occur directly at a street or may be via a courtyard or corner plaza;
b. shall be accessible to the public within forty feet of a street right-of-way, after which a gate may restrict public access;
c. shall be not less than twenty-five feet in width;
d. the paseo shall have a shared sidewalk with a width of at least five (5) feet that connects end points
e. have landscaped areas comprising not less than 50 percent of the area of the paseo;
f. the ground-floor of buildings adjacent to a Paseo shall conform to transparency requirements in subsection 16-23.050.B.4 (commercial street frontage transparency)
and subsection 16-23.050.C.3 (residential street frontage transparency); and
g. may include shared semi-private open space, consistent with subsection 16-
23.070.A.3 (shared semi-private open space).
Building projections are allowed to project into paseos, consistent with subsection 16-23.040.B.1 (allowable building projections into setbacks).
4. Lanes. Lanes are private roadways with space dedicated to both vehicles and
pedestrians. Lanes shall meet all of the following design requirements:
a. access to a lane shall be directly from a public street;
b. Lanes shall be accessible to the public within forty feet of a front property line, after which a gate may restrict public access;
c. a shared sidewalk shall be provided where there are principal building entrances
and shall connect to a public sidewalk or internal sidewalk network;
d. sidewalks shall be placed adjacent to the curb or separated from the curb with a planting strip that is at least 3 feet wide;
e. Lanes shall have a drive aisle plus parking on one, both, or no sides;
f. the combined paved width of a Lane, including the drive aisle and parking, shall be
at least 20 feet and not exceed 42 feet;
g. where parking is present along the Lane, parking and aisle dimensions shall conform to section 16-32.080 (parking design and development standards), except
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that aisle dimension shall be interpreted to include driveways that provide additional room for maneuvering vehicles;
h. pavement along Lanes shall be comprised of asphalt, concrete, and/or permeable pavers;
i. space for vehicles shall be delineated by curbs and/or bollards; and
j. the ground-floor of buildings adjacent to a Lane shall conform to transparency requirements in subsection 16-23.050.B.4 (commercial street frontage transparency) and subsection 16-23.050.C.3 (residential street frontage transparency).
5. Juanita Lane Improvements. Development projects adjacent to the Juanita Lane public right-of-way shall provide a mountable curb and adjacent sidewalk not less than five
feet in width. If new development fronts onto Juanita Lane, then residential street frontage standards shall apply.
6. Alleys. Alleys may be used to provide vehicular access on-site without pedestrian circulation. Alleys shall meet all of the following design requirements:
a. Alleys shall have a drive aisle that is at least 24 feet wide;
b. where parking is present along the alley, parking and aisle dimensions shall conform to section 16-32.080 (parking design and development standards), except that aisle dimension shall be interpreted to include driveways that provide additional room for maneuvering vehicles;
c. pavement along lanes shall be comprised of asphalt, concrete, and/or permeable
pavers; and
d. space for vehicles shall be delineated by curbs and/or bollards.
16-23.080 Landscape design.
A. Landscaped setbacks. Setback areas shall be landscaped except for areas necessary for pedestrian access and vehicular access consistent with section 16-23.050.E (site access and
service areas) and subsection 16-23.070.C.4 (lanes), and where utilities preclude landscaping. Landscaping shall be comprised of trees, shrubs, and groundcover shall be selected from lists provided by the town.
B. Hardscape - Brick pavers. Along Tiburon Boulevard and along Main Street in the Main Street zone (but not Ark Row), sidewalks shall match the use and pattern of brick pavers
used. In courtyards and corner plazas the same use and pattern of brick pavers shall be used as hard scape except for concrete edges two (2) feet or less in width.
C. Fences and walls.
1. Fence and wall requirements. Subsection 16-30.040.B (height limits) shall apply.
2. Fence and wall height. Within the setback between a building and street (or public
open space), no fence or wall shall exceed a height of forty-two (42) inches above finished grade.
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3. Fence and wall materials. The following fence materials are allowed:
a. wood picket,
b. wood board,
c. metal bar,
d. open wood or metal frame with coated or uncoated metal wire,
e. stone and brick, or
f. cast in place concrete.
Fence materials which are not allowed include:
a. chain link,
b. corrugated metal,
c. plastic and other synthetic materials, and
d. Concrete block, unless faced with stucco or other approved materials in table 2-E (allowable materials).
D. Lighting for parking and open space areas. Lighting shall conform with section 16-30.070 (lighting). The following standards also apply:
1. pole-mounted lighting fixtures shall not exceed a height of 16 feet;
2. within four feet of a building entryway, at least one wall-mounted exterior light fixture shall be provided; and
3. exterior lighting shall not cast direct light beyond the side and rear property lines, based on lighting location, height, and fixture light-angle specifications.
16-23.090 Parking.
A. Number of parking spaces required. On-site parking for vehicles shall conform with section 16-32.040 (number of parking spaces required).
B. Parking design standards. On-site parking for vehicles shall conform with section 16-32.080 (parking design and development standards), except that:
1. parking shall be located in conformance with subsection 16-23.050.A.1 (street frontage continuity);
2. no surface parking shall be allowed within 20 feet of a street-facing property line;
3. a wall or fence shall screen parking stalls where they would otherwise be in direct view of a public sidewalk, with a wall or fence height of between 36 and 42 inches above
finished grade;
4. within surface parking lots, plant at least 1 tree for every 6 parking stalls;
5. parking lots shall be separated from property line by a landscape strip that is no less than 5 feet wide;
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6. mechanical parking lifts shall be allowed within an enclosed garage when designated for use by residents, except for parking designated for use by persons with disabilities;
7. mechanical lifts shall be accompanied by an on-site battery or electrical generator to provide sufficient power to clear the lift of all vehicles, or shall be capable of manually clearing the lift without power; and
8. a pair of tandem parking spaces shall be allowed when designated for use by members of the same household/dwelling unit.
C. Bicycle parking. Bicycle parking shall be provided in conformance with section 16-32.040 (number of parking spaces required). Additionally, at least one-half of the bicycle parking for commercial uses shall be provided in publicly-accessible locations, such as along public
sidewalks, street-facing setbacks, and publicly-accessible open space. The remainder of bicycle parking that is required shall be provided on-site in covered and secure locations.
SECTION 7. AMENDMENTS TO CHAPTER 16, DIVISION 29.
A new Tiburon Municipal Code Title IV, Chapter 16, Division 29 (Overlay Zones) is hereby
added to read as follows:
16-29 Overlay Zones
16-29.010 Purpose.
The purpose of division 16-29 is to establish the land uses that may be allowed within the
overlay zones established by section 16-14.020 (zoning map and zones), and determine the types of zoning permit (if any) required for each use.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-29.020 Purposes of the overlay zones.
The purpose of each overlay zone is as follows:
A. F (Flood Hazard Overlay) zone. The purpose of the F zone is to limit and protect
construction of structures in areas that are liable to flooding, in compliance with Federal Flood Insurance Programs.
1. Construction in identified F zones shall be regulated by provisions of Municipal Code chapter 13D (flood damage prevention). F overlay zones shall correspond to
those areas defined as special flood hazard areas in Municipal Code chapter 13D.
2. Municipal Code chapter 13D designates the town engineer as the floodplain administrator of the town.
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3. Special flood hazard areas are depicted on flood insurance rate maps of the National Flood Insurance Program, effective March 16, 2016, or the most current
successors thereto, and are incorporated and made a part herein. Refer to current
flood insurance rate maps and utilize North American Vertical Datum (1988) for elevation data.
B. NC/AHO (Neighborhood Commercial/Affordable Housing Overlay) zone. The purpose of the NC/AHO zone is to encourage and direct, through the provision of a
town density bonus and other development incentives, the construction of well-
designed, mixed-use residential/nonresidential projects, containing substantial numbers of affordable housing units, on those commercial sites identified in the Tiburon general plan housing element as affordable housing opportunity sites. Potential applicants are strongly advised to meet with town staff in advance of project design to discuss any
potential project.
C. HPO (Historic Protection Overlay) zone. The purpose of the HPO zone is to protect, maintain and enhance historic structures in the downtown area that are included in the town's local historic inventory of buildings located in downtown Tiburon ("Inventory"), as adopted by resolution of the town council and amended from time to
time. The HPO zone is intended to:
1. Safeguard the town's heritage as embodied and reflected in the buildings listed in the inventory;
2. Encourage public knowledge, understanding and appreciation of the town's past;
3. Encourage the preservation of diverse and harmonious architectural styles and
design preferences reflecting phases of the town's history in its downtown area;
4. Foster community pride and a sense of identity based upon the recognition and use of historic buildings;
5. Promote enjoyment and use of historic buildings;
6. Protect and enhance the town's historical attraction to visitors; and
7. Identify and resolve conflicts between the preservation of historical resources and
alternative land uses.
Inclusion of the buildings within the inventory in the HPO acknowledges the protection of historic resources as provided by the California Environmental Quality Act and allows application of the California State Historic Building Code to the buildings
included therein.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-29.030 Affordable housing overlay zones allowable land uses and permit requirements.
A. NC/AHO zone.
1. Permitted uses in the NC/AHO zone.
a. Multifamily dwellings; and
b. Two-family dwellings.
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2. Nothing in this section shall be deemed to prohibit or not allow the uses permitted in the underlying neighborhood commercial (NC) zone.
B. Conditional uses permitted. No conditional use permit shall be required for the qualifying
affordable residential components.
C. Qualification. In order to qualify for the benefits of these overlay zones, a residential development project shall comply with all of the following:
1. Include a minimum of five percent very-low-income, ten percent low-income, and ten
percent moderate-income housing units, as defined in section 16-70.030 (general
inclusionary requirements). Moderate-income rental units shall be counted only if they are below ninety percent of the median income. On smaller sites that would yield ten or fewer total units at the minimum allowable density, the affordable component shall be reduced from twenty-five to twenty percent of total units. At least fifty percent of
the required affordable units shall be low income or very low income.
2. Ensure that affordable units are deed-restricted for a period of not less than fifty-five years, and in perpetuity if possible, to ensure affordable resale and rents.
3. Provide a percentage of units for special needs populations in compliance with section 16-70.030 (General Inclusionary Requirements).
E. Application. Sections 16-29.030 through 16-29.050 shall not apply if an applicant requests a
state-mandated density bonus in compliance with section 16-70.110 (state-mandated density bonus).
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S., § 2(C), 8-15-2012; Ord. No. 549 N.S., § 2.B., 5-7-2014)
16-29.040 Affordable housing overlay zones general development standards.
General standards. Proposed development within the affordable housing overlay zones shall be designed and constructed in conformity with the development standards in table 2-8 (Overlay Zones Development Standards).
TABLE 2-8
OVERLAY ZONES DEVELOPMENT STANDARDS
Zone Maximum Lot Coverage
Minimum Setback Requirements Maximum Height Limit Maximum FAR Density Front Sides Rear Primary Accessory
3 stories or 38 ft. (whichever is less)
NC/AHO
Determined through Site Plan and Architectural Review approval .31 (1)
12.9 to 20.7
units per acre
For residential projects qualifying for streamlined (ministerial) processing under current
and future State housing law, including but not limited to Government Code sections 65913.4, 655589.5 and 756852.21, the standards applicable to the Mixed Use (MU) zone in Division 16-23 shall apply. NOTES:
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(1) Residential building area is exempt from floor area ratio calculations.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-29.050 Affordable housing overlay zones development incentives.
A. NC/AHO zone. In order to promote well-designed, affordable mixed-use residential/nonresidential projects in commercial zones, the following incentives are offered to facilitate mixed-use development on properties located in the NC/AHO zone:
1. Architectural design. Affordable units within a mixed affordable/market rate development shall be allowed to vary in design and square footage from non-
affordable units. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted to reduce costs of providing affordable units. Affordable developments are encouraged to include shared common spaces in order to reduce the size of individual living units and increase community
interaction. Examples include co-housing, live-work housing opportunities, or other
types of housing that create shared spaces.
2. Fees. The town shall subsidize hook-up fees or other fees charged by special districts up to one hundred percent for affordable units. The town shall waive or reduce certain town application and development fees for the affordable units in a qualifying
development.
3. Priority processing. The town shall give qualifying projects the highest processing priority, and efforts will be made by staff and decision-makers to:
a. Provide technical assistance to potential affordable housing developers in processing requirements, including participation in community involvement;
b. Consider project funding and timing needs in the processing and review of the
application; and
c. Provide the fastest turnaround time possible in determining application completeness.
4. Other incentives and contributions. Town financial contributions toward the
construction of utilities, public road improvements and other traffic improvements;
soils remediation; plan preparation and development; construction subsidies for the affordable units; and assistance and support in securing public financing, such as bonds or tax credits.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S., § 2(D)—(J), 8-15-2012)
16-29.060 Historic protection overlay zone allowable uses and general development
standards.
A. Permitted uses. Uses permitted in the HPO zone shall be the same as those permitted in the underlying neighborhood commercial (NC) and village commercial (VC) zones.
B. General standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance
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with the requirements in table 2-3 (commercial zones development standards) in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in article
III (general development standards and parking).
C. Permits required and guiding principles. Any exterior alterations or modifications to an existing building in the HPO zone shall require approval by the director of a site plan and architectural review application for minor alterations. In reviewing such applications for site plan and architectural review, the director shall consider the following principles as they
may apply:
1. Any new use of an existing building in the HPO zone shall maximize the retention of materials, exterior design features and spaces related to the historic significance of the building and property outlined within the Local Historic Inventory of Buildings Located in Downtown Tiburon, as adopted by town council resolution 07-2001, as may
be amended from time to time (see section 16-22.020).
2. The design of any construction, additions, repairs or replacement of a building in the HPO zone shall be in harmony with the general architectural, craftsmanship and historical characteristics of the building as outlined in the inventory and shall reflect the guiding themes of consistency, compatibility and authenticity set forth in the
Downtown Tiburon Design Handbook. This shall include windows, doors, trim, roof
types, exterior building materials and colors.
3. Repainting of existing structures shall not require a permit if the director determines that the color conforms to the Benjamin Moore Historical Colors palette.
4. Deteriorated historic features associated with buildings in the HPO zone shall be
repaired rather than replaced where possible. Where the severity of deterioration
requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, material. Replacement of missing features shall be substantiated by evidence of previous existence at the time of submittal for building permit.
5. The goals, principles and recommendations of the Downtown Tiburon Design
Handbook shall be considered in the review of applications involving properties in the HPO zone.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
SECTION 8. AMENDMENTS TO CHAPTER 16, DIVISION 32
Tiburon Municipal Code Title V, Section 16-32.020 (Number of parking spaces required) is hereby amended to read as follows:
A. Parking requirements. The minimum number of parking spaces (stalls) established in Subsection B. below, unless otherwise superseded by provisions of State law, shall be
required to serve the uses or buildings listed. The ratios listed shall apply to normal
occupancy densities and uses. Higher or lower ratios may be used for other than normal
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occupancy densities and uses, availability of public transportation and other special conditions, as determined by the review authority.
B. Minimum number of parking spaces. It is the intent of the town that parking areas be
adequate but not excessive. When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction of over one-half shall be rounded up to the next parking space. In the case of any use that is not specifically mentioned in Table 3-1 below, the provisions for a use that is so mentioned and is similar,
or as determined by the director if no similar uses are mentioned in Table 3-1, shall apply,
with the review authority having final approval authority.
C. Required parking reduction in commercial zones. The review authority may reduce the required parking spaces for proposed non-residential uses or structures located in a VC, NC or O zone if it makes the following findings prior to approval of the non-residential use,
structure or expansion:
1. An adequate parking supply exists in the surrounding commercial area and the proposed structure, use or expansion will not result, either individually or cumulatively, in an inadequate parking supply. The town may require an independent parking study for the purpose of determining whether it can make this finding.
2. The proposed structure, use or expansion will promote the general welfare of the
surrounding commercial area.
3. The reduction of required parking spaces will not result in a substantive detrimental effect on the surrounding area due to identified factors including but not limited to those set forth in section 16-32.010.
D. The California Building Code. The required number of spaces in off-street parking facilities
that are restriped or redesigned to meet accessibility requirements may be reduced as necessary to comply with Title 24 of the California Building Code.
E. Elimination of parking spaces. Existing off-street parking spaces may not be eliminated without first obtaining site plan and architectural review approval pursuant to this chapter,
except as allowed in subsection D above.
TABLE 3-1
MINIMUM NUMBER OF PARKING SPACES
Generalized Use
Single-family, two-family,
multifamily dwelling units, or transitional or supportive housing
1 space per studio and one bedroom units for
multifamily dwellings; 2 spaces per two or more bedroom units for multifamily dwellings; 1.5 spaces per dwelling unit, with a minimum of 2 spaces required, for single-family and two-family dwellings; condominium units require 2 spaces per unit
Bed and Breakfast Inn One for each guest room plus 2 covered spaces for
resident family
Homeless shelter for the homeless One for each employee on maximum staffed shift plus one for every five beds
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Place of assembly One for each four seats of maximum seating capacity; or one for each forty square feet of assembly area,
whichever is more
Restaurants, bars One for each four seats of maximum seating capacity for indoor seating and one for each eight seats of maximum capacity outdoor seating; for restaurants or bars with no or nontraditional seating, 1 per 60 sq. ft. of the floor area (less kitchen and service area)
Retail sales, offices, banks, clinics, labs, service uses 1 for each 400 sq. ft. of gross floor area
Employee parking In addition to the clientele parking listed above for service uses, and for other bulk storage, wholesale,
packing, fabricating, processing, and similar uses, 1
parking stall shall be provided for each 1.5 employees on the maximum working shift
Hotel, motel, rooming or boarding house 1 per guest room plus 1 space for each 2 employees on the maximum working shift
Hospital, sanitarium, rest home One for each four beds plus one space for each two
employees of the maximum shift
Harbor or marina 1 for each 2 berths, slips, or moorings except that none are required for berths reserved for visiting boats
Educational, child care, libraries, museums
Child day-care centers 3 minimum, plus 1 for each 10 children over the first 15
Libraries, museums 1 for each 500 sq. ft. of gross floor area
Adult education 1 for each 4 seats of maximum session
SECTION 9. AMENDMENTS TO CHAPTER 16, DIVISION 50.
Tiburon Municipal Code Title V, Section 16-50.020 (Authority for land use and zoning decisions) is hereby amended to read as follows:
16-50.020 Authority for land use and zoning decisions.
Table 5-1 (review authority, below) identifies the review authority responsible for reviewing and making decisions on each type of permit, entitlement, or amendment, as well as the proper authority to administer appeals.
Table 5-1 Review Authority
Type of Permit or Decision Role of Review Authority1
Director Design Review Board Planning Commission Town Council
A housing development meeting the criteria of Section 65852.21(a) of the California Government Code and subsequent State laws requiring ministerial processing
Decide
Site Plan and Architectural Review Decide Appeal Action
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Site Plan and Architectural Review (Minor Alterations) Decide Appeal Action
Variance, Site Plan and Architectural Review-related Decide Appeal Action
Variance, Other Decide Appeal Action
Conditional Use Permit Decide Appeal Action
Condominium Use Permit Decide Appeal Action
Precise Development Plan Recommend Decide
Accessory Dwelling Unit Permit/Junior Accessory Dwelling Unit
Decide Appeal Action
Zoning Ordinance Text Amendment2 Recommend Decide
Rezoning or Prezoning2 Recommend Decide
Home Occupation Permit Decide3 Appeal Action3
Temporary Use Permit Decide3 Appeal Action3
Tidelands Permit (minor and incidental) Decide3 Appeal Action3
Tidelands Permit (all other) Decide Appeal Action
Wireless Communication Facility (administrative) Decide Appeal Action
Minor changes to an approved project Decide4
Notes:
1. "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the authority makes the final decision on the matter; "Appeal Action" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with division 16-66 (appeals).
2. If the planning commission denies an application for a precise development plan amendment, zoning text amendment, rezoning or prezoning, that decision is final unless appealed to the town council.
3. The director may refer any such application to the planning commission for review and action, in which case the town council will be the appeal body.
4. An appeal of the director's decision shall be heard by the original project's review authority, whose decision shall be final.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S., § 2(P), 8-15-2012; Ord. No. 555 N.S. , § 2(B)(Exh. B), 2-18-2015; Ord. No. 558 N.S. , § 2(D), 6-3-2015; Ord. No. 562 N.S ., §
2(A)(Exh. B), 11-18-2015; Ord. No. 568 N.S., § 2(B), 2-1-2017)
SECTION 10. AMENDMENTS TO CHAPTER 16, DIVISION 52.
Tiburon Municipal Code Title V, Subsection 16-52.020.J (Design Review Guidelines) is hereby amended to read as follows:
J. Design review guidelines. In reviewing applications for discretionary review for site plan
and architectural review, the review authority shall also apply goals and principles, as
appropriate to the project, set forth in the Hillside Design Guidelines, Downtown Tiburon Design Handbook, and any other guidelines adopted by council, copies of which are available from the planning division.
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SECTION 11. AMENDMENTS TO CHAPTER 16, DIVISION 70.
Tiburon Municipal Code Title V, Section 16-70.100 (Town of Tiburon density bonus) is hereby
amended to read as follows:
16-70.100 Town of Tiburon density bonus.
A. Residential developments located within an affordable housing overlay (AHO) zone, as set forth in subsections 16-29.020.C. (NC/AHO [neighborhood commercial/affordable housing overlay] zone), and qualifying for a town density bonus therein, shall be offered the substantial incentives in section 16-29.050 (affordable housing overlay zones development
incentives) as set forth therein. Such density bonus is exclusive of, and shall not be combined with, a density bonus in compliance with section 16-70.110 (state-mandated density bonus).
B. In compliance with the general plan policies, the town may grant a density bonus sufficient to allow the reestablishment of developments containing affordable housing units when
such developments are destroyed by fire, earthquake, or similar disaster, even when such reestablishment exceeds current maximum general plan densities.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
SECTION 12. AMENDMENTS TO CHAPTER 16, DIVISION 100.
The following are added in alphabetical order to Tiburon Municipal Code Title IV, Section 16-
100.020 (Definitions of Specialized Terms and Phrases):
“Arcade”. A ground-floor colonnade that supports a shed roof or deck that covers the sidewalk, intended to provide shade and weather protection.
“Awning”. A canopy made of canvas or rigid membrane, which projects from the exterior wall
of a building, and helps to shade or shelter a window and/or door.
“Bay Window”. A window or group of windows that project from the main volume of a building.
“Block”. A building or attached buildings that are not interrupted by a street, an alley, a side or rear setback, or a Community Open Space that meets design requirements for a Courtyard,
Paseo, or Lane.
Community Garden. Shared open space used by a set of individual residents for the cultivation of vegetables and/or fruit.
“Community Open Space”. See “Open Space, Community.”
“Corner Plaza”. A privately-owned, publicly-accessible open space that can be used by the
public and is located adjacent to a street corner. Corner plazas are abutted by buildings on at
least one side. Corner plazas may be used where the height of features is limited near intersections.
“Courtyard”. A privately-owned, publicly-accessible open space that can be used by the public and is next to a street and located midblock. Courtyards are abutted by buildings on at least two
sides. Corner plazas may be used to separate blocks.
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“Curb cut”. A break in a vertical curb where there is a short ramp. A curb cut is generally where a driveway meets a public roadway.
“Cornice”. A horizontal projection on the exterior of a building, typically to crown the top of a
building or to delineate a commercial ground floor from upper stories.
“Dwelling Unit, Townhouse”. Townhouse dwelling units are among a set of three or more dwellings that are attached, side-by-side single-family units.
“Entrance, Principal Building”. An entryway used for regular coming and going from buildings
by pedestrians, and not used or only incidentally used for loading or service activities. If more
than one entrance serves the same interior space, then the principal building entrance shall be the one that connects most directly via a pedestrian sidewalk to a public street.
“Entryway”. A point of pedestrian ingress and egress to the front of a building connecting to a sidewalk.
“Façade”. The exterior wall of a building along with its associated windows, entryways, and
projections.
“Façade Increment”. A horizontal module comprised of a complete façade composition that is visually distinguished from an adjacent façade composition of the same building.
“Façade Plane”. Within the limits of a horizontal Façade Increment, the Façade Plan is the
largest wall surface within the same contiguous two-dimensional surface without projections or
recesses from that surface. Facade Planes of interest face public streets and common open space with pedestrian activity, rather than parking lots or rear yards.
“Frontage, Street”. A street frontage describes development characteristics with twenty (20) feet of a street-facing property line and at ground-floor level, including a building's ground-floor
façade, landscape and built features within setbacks and projections, and associated sidewalk
improvements. Pedestrian’s experience along street sidewalks are determined in part by street frontage characteristics.
“Frontage, Commercial”. A frontage that has commercial uses on the ground-floor, along with lobbies and/or vestibules, building setback areas, and sidewalks.
“Frontage, Residential”. A frontage that has residential uses on the ground-floor and may also
have lobbies and/or vestibules providing access to upper-story or midblock uses, along with required setback and streetscape.
“Frontage Type”. Characteristically different frontage types, such as commercial versus residential, but also inclusive of service areas and community open space.
“Ground Floor”. The floor of a building located nearest to the finished grade around the building.
“Interior corner”. A corner that projects inward toward the building volume to which it is associated.
“Lanes”. Lanes are intended for both vehicle traffic and pedestrian circulation on site. Lanes feature sidewalks for pedestrians, whereas alleys do not.
“Lobby”. A commercial or institutional antechamber between an outer door and interior parts of
a building.
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“Massing Increment”. The horizontal module comprised of a contiguous building volume that has a Facade Plane as its front face and is located within 10 feet of a minimum front setback line.
“Mechanical Parking Lifts”. An automated mechanism that lifts or lowers a parked vehicle to
make space available for another parked vehicle above or below it.
“Multifamily Dwelling Unit”. See “Dwelling Unit,” Multifamily.
“Open Space, Community”. Usable on-site open space that is for the shared use of residents (semi-private) and may or may not be for public use. Community open spaces include
courtyards, corner plazas, paseos, and lanes.
“Open Space, Private”. The area required for each residential dwelling unit, which may be provided in patios, decks, balconies, and fenced yard areas, but excluding stairs, entrance decks, and landings.
“Open Space, Public”. Any open space for public use.
“Open Space, Privately-Owned Public”. Privately-Owned Public Open Spaces are intended for
public use but are owned and maintained by a private entity. Public access is not restricted, except for at night as may be agreed to by the applicant and town.
“Open Space, Semi-Private”. Shared open space limited to residents and their guests. Public access to semi-private open spaces may be restricted.
“Open Space, Usable”. Open areas used for the enjoyment of groups of people or individuals,
and may include active or passive recreation.
“Outer Corner”. A convex corner that projects away from the building volume to which it is associated.
“Parking, Tandem”. A double-length parking space for two cars parked end-to-end When both
cars are parked in tandem, the car farthest from a parking aisle can only be moved if the car
closest to an aisle is moved.
“Paseo”. A pedestrian passage flanked by landscaping that provides an internal walking connection to adjacent parcels or sidewalks or other paseos. Paseos are not accompanied by space for motor vehicles.
“Parapet”. A low wall at the edge of a roof, the front of which is typically in line with the façade
below.
“Pavers”. Blocks made of concrete, brick, or stone, used in aggregate in the construction of hardscapes, such as sidewalks, patios, driveways, and roads.
“Permeable Pavers”. An arrangement of pavers that are spaced slightly apart which allows water
to percolate into subsurface areas.
“Pier”. A vertical element that provides structural support and, if part of a building’s exterior, may divide storefronts.
“Pilaster”. A vertical pier that is integrated with, but projects forward from, a wall.
“Porch”. An outside landing immediately adjacent to a building entrance and sheltered by a
roof.
“Principal Building Entrance”. See “Entrance, Principal Building.”
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“Private Open Space”. See “Open Space, Private.”
“Privately-Owned Public Open Space”. See “Open Space, Privately-Owned Public.”
“Projection”. A part or feature of a building that extends into a setback or other area where
limits are imposed.
“Public Open Space”. An outdoor space that is intended for public use as a park or plaza. Public open space shall be assumed to be owned by the town unless it is described as a Privately-Owned Public Open Space.
“Public Space”. Areas that are open to the public and include streets and/or open space areas.
“Public Street”. A street for which the right-of-way is owned by a public agency.
“Recess”. A void between building volumes that breaks a more forward building plane. A relatively small space created by a building wall being back further than the rest.
“Recessed Entryway”. An entrance to a building that is set back from the facade of the building.
“Roadway”. The part of a street that is dedicated to motor vehicles and is separated from
sidewalks and landscaping by a curb.
“Semi-Private Open Space”. See “Open Space, Semi-Private.”
“Service Area”. An open or enclosed area principally used for loading, refuse/recycling service, and building operations.
“Stem Wall”. A very low wall below and not including a window (such as a display window)
and above finish grade (such as an adjacent sidewalk).
“Stepback”. A stepback requires that a building’s volume that is above a certain height be set farther away from a street or property line.
“Storefront”. A ground-floor frontage assembly that includes display windows and entryway
associated with any allowable ground-floor commercial or live-work space, and spatially defined
on either side by vertical piers.
“Stoop”. The landing at the entrance of a building, which is sheltered by a canopy or roof, and generally accompanied by stairs.
“Use, Permitted”. Permitted use means a use allowed without meeting additional criteria or
requirements.
“Vestibule”. A residential antechamber between an outer door and interior parts of a building.
“Wall-Mounted Lighting”. A light fixture/luminaire that is mounted on a wall and is not supported from above or below.
SECTION 13. AMENDMENTS TO CHAPTER 16, DIVISION 100.
The following definitions of the Tiburon Municipal Code Title IV, Section 16-100.020
(Definitions of Specialized Terms and Phrases) is hereby amended to read as follows:
"Floor area ratio (FAR)". Floor area ratio is the gross floor area of the building or buildings on a lot, divided by the area of the lot.
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"Floor area, gross". "Gross floor area" means the sum of all enclosed or covered areas of each floor of the building, measured to the exterior faces of the enclosing walls, columns, or posts.
NOTE: The term "capable of being used or finished for habitable space" is used below. A
space shall be considered "capable of being used or finished for habitable space" if it meets California Building Code occupiable ceiling height requirements and is all of the following:
1. Covered by a solid, weatherproof roof or floor; and
2. At least fifty percent of the vertical area around the space is closed.
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);
2. Areas permanently open to the sky;
3. Exterior areas under roof eaves or other cantilevered overhangs;
4. Attic spaces and underfloor spaces that are not capable of being used or finished for habitable space;
5. Basements, as defined in this zoning ordinance; and
6. Floor areas of roofed or covered open spaces (such as breezeways, balconies, porches
and similar spaces), which are not capable of being used or finished for habitable space,
if at least fifty percent of the vertical area around the space is fully open.
7. For commercial uses or mixed use development, gross floor area shall not include the entire floor area of parking garages and carports.
Gross floor area shall include the following:
1. Unfinished loft spaces and other areas capable of being used or finished for habitable
space;
2. Other roofed or covered spaces (such as breezeways, balconies, porches, or similar spaces) that are capable of being used or finished for habitable space, if less than fifty percent of the vertical area around the space is fully open;
3. Roof penthouses; mezzanine floor areas; and accessory buildings;
4. All crawl space area with a minimum height of seven feet when measured from finished or natural grade (whichever is lower) to the bottom of the floor above. This definition shall only apply to crawl space created after March 31, 2006; and
5. All space with a minimum height of seven feet beneath a cantilevered portion of other
floor area of a dwelling unit. This definition shall only apply to such space created after
March 31, 2006.
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Unless otherwise stipulated, the term "floor area" shall mean gross floor area.
SECTION 14. AMENDMENTS TO TOWN OF TIBURON ZONING MAP.
The Town of Tiburon Zoning Map shall be amended to modify the zoning of certain parcels and
the addition of the R-4 (Multifamily residential zone), MS (Main Street zone), and MU (Mixed use zone) as depicted in Exhibit B.
Section 15. Severability.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to
be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
Section 16. Effective Date.
This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937.
Before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on June 7, 2023, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on June 21, 2023 by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Ryan, Welner
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Thier, One Vacant Seat
_______________________________
JACK RYAN, MAYOR
TOWN OF TIBURON
ATTEST:
______________________________
LEA DILENA, TOWN CLERK
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EXHIBIT B
TOWN OF TIBURON ZONING MAP
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