HomeMy WebLinkAboutTC Ord 2023-12-06ORDINANCE NO. 606 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); 16-21 (RESIDENTIAL ZONES); AND 16-100 (DEFINITIONS) AND AMENDING THE TOWN OF TIBURON ZONING MAP
WHEREAS, the 2023-2031 Tiburon Housing Element was adopted by the Town
Council on May 23, 2023, amended on September 20, 2023, and found to be in substantial
compliance with Housing Element law by the State Department of Housing and Community Development (HCD) on October 18, 2023 (“Housing Element”); and
WHEREAS, the 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 development and design 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, objective development and design standards and associated rezonings for commercial mixed-use development in the Downtown area were previously introduced by the
Town Council on June 7, 2023 following a duly noticed public hearing and adopted on June 21,
2023 as Ordinance No. 605; and
WHEREAS, the Design Review Board discussed and provided feedback on multifamily objective development and design standards at duly noticed regular meetings on August 10, 2023 and September 21, 2023; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing at a
regular meeting on October 25, 2023 and adopted Resolution No. 2023-009 recommending to the Town Council that various text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code and a revision to the Zoning Map to further implement programs on the Tiburon Housing Element; and
WHEREAS, on November 15, 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
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WHEREAS, the Town Council finds that public necessity and general welfare require that the amendments made by this Ordinance in order to comply with the Town’s adopted
Housing Element and provide capacity for housing at all income levels and to establish objective
design and development standards to comply with State law and for all of the reasons set forth in the staff report; 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
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the Town of Tiburon prepared an Environmental Impact Report (SCH Number 2022100473) which was circulated for public comment from March 16, 2023 through May 1, 2023 and certified by
the Tiburon Town Council on May 22, 2023, which analyzed the policies and implementing
programs of the Tiburon Geneal Plan 2040, including the 2023-2031 Housing Element; and
WHEREAS, the certified 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 Housing Element Policies H-D1 (Variety of Housing
Choices), H-D3 (Key Housing Opportunity 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-ll (Rezone 4576 Paradise Drive), in that the project rezones the property at 4576 Paradise Drive to a
new zoning district of R-3-10 requiring a minimum density of 10 dwelling units per
acre and a maximum of 12.4 units per as required by Housing Element Program H-ll and adopts objective development and design standards for new multifamily housing developments, including those on hillside sites, as required under State housing laws and Housing Element Programs H-ii and H-ll.
The proposed objective development and design standards for multifamily housing
development allow for multifamily units to be constructed at densities called for in the 2023-2031 Housing Element which will result in new unit types and sizes to diversify the housing opportunities in the community, providing units which will be more affordable by design. They also serve to streamline the development approval
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process by providing objective, quantified and known requirements for new multifamily development proposals.
H-D1 Variety of Housing Choices. In response to the broad range of housing
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-D2 New Affordable Housing. Facilitate the design, approval, and construction
of affordable housing projects using a variety of mechanisms, including mixed-use development incentives, inclusionary zoning, density bonus programs, affordable housing overlay zones, and create of accessory dwelling units.
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-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;
3. allow 100 percent residential use; and
4. require residential use occupy at least 50 percent of the total floor area of a
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mixed use project.
H-ll Rezone 4576 Paradise Drive. Rezone 4576 Paradise Drive to R-3-10 and
require a minimum density of 10 units per acre. Develop and adopt objective
development and design standards that will permit development of projects on hillside sites including Site H at the capacities assumed in the Housing Sites Inventory (Table 11).
3. The Town Council hereby finds that the action to adopt this Ordinance and the
amendments to the Zoning Code and Zoning Map have been considered and
analyzed in the certified Final EIR for General Plan 2040. No supplemental or subsequent EIR is required because none of the circumstances requiring a supplemental or subsequent EIR exist (CEQA Guidelines Section 15162):
(a) No substantial changes are proposed in the project which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant effects. The Zoning Ordinance and Zoning Map amendments do not create any additional environmental impacts.
(b) No substantial changes have occurred with respect to the circumstances under
which the project is undertaken. The EIR was certified in May 2023, and no
substantial evidence has been submitted showing any change in the circumstances applicable to the project.
(c) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time
the previous EIR was certified as complete, has been submitted to the Town.
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 (additions in underline, deletions in strikethrough text):
16-14 Zoning Map
16-14.010 - Purpose.
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
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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-3-10 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)
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
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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
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)
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SECTION 2. AMENDMENTS TO CHAPTER 16, DIVISION 21.
Tiburon Municipal Code Title IV, Chapter 16, Division 21 (Residential Zones) is hereby
amended to read as follows (additions in underline, deletions in strikethrough text):
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 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
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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-3-10 (multifamily residential) zone. The R-3-10 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-3-10 zone conforms with the general plan land use designation very high density (VH) and requires a minimum residential density of 10 dwelling units per acre.
G. 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.
H. 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 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)
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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 the review authority as provided in section 16-52.020 (site plan
and architectural review) except for projects which under State law qualify for
ministerial review.
2. R-3, R-3-10, R-4 zones. All improvements proposed for the R-3, R-3-10, and R-4 zone other than alterations, additions or other changes to existing structures are subject to approval of the review authority as provided in section 16-52.020 (site plan and
architectural review) except for projects which under State law qualify for ministerial
review.
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
RO R-2 R-3 and R-3-10
R-4 RPD RMP
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 R-3-10 Multifamily Residential
RO Residential Open R-4 Multifamily Residential
R-2 Two-Family Residential RPD Residential Planned Development
RMP Residential Multiple Planned
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Notes: (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) 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 and R-3-
10
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 R-3-10 Multifamily Residential
RO Residential Open R-4 Multifamily Residential
R-2 Two-Family Residential RPD Residential Planned Development
RMP Residential Multiple Planned
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Notes:
(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. Construction in flood hazard zones shall conform to the requirements in chapter 13D (flood
damage prevention).
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TABLE 2-2
RESIDENTIAL ZONES DEVELOPMENT STANDARDS
Zone Minimum Lot Area
Maximum Lot Coverage
Req- uired 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.)
1-story development:
same as max. FAR; 2-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 3,750 s.f. per dwelling (2)
R-3
10,000 s.f.
30% ―
15 ft.
generally (5,6), except 20
ft. to garage(s)
street side same as front;
interior side 20 ft.
generally (5,6).
20 ft. (5, 6)
35 ft. and
3 stories (6, 7)
.60
12.4 du/acre 3,500 s.f. per
dwelling
R-3 -10
10,000 s.f. 10.0 du/acre minimum; 12.4 du/acre maximum
3,500 s.f. per
dwelling
R-4
10,000 s.f.
50% ― 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
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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.
(5) Projections into setbacks shall be allowed consistent with subsection 16-21.040.D.1 (allowable projections).
(6) Minimum street side and interior side setbacks shall be 5 feet for detached garage(s) with a height not less than 1 story and 15 feet.
(7) Building stepback provisions apply, as described in subsection 16-21.040.D.4 (corner stepbacks).
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-3, R-3-10, and R-4 zones amount of usable open space. Minimum required usable open space per dwelling unit in the R-3, R-3-10, and R-4 zones are as set forth below, consistent with subsection 16-21.040.B.3:
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;
d. Per three or more bedroom apartment: three hundred square feet.
The amount of usable open space required may be met using a combination of private open space or community open space. At least 50 square feet of private open space
shall be provided as defined in subsection 16-21.040.G.1 (private open space). The
required amount of usable open space may also be comprised of community open space as defined in subsection 16-21.040.G.2 (community open space).
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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.
D. Building massing and stepbacks in R-3, R-3-10, and R-4 Zones.
1. Allowable Projections. Specified building elements may project into required
setbacks and the required minimum width for paseos, in accordance with Table
2.2A Allowable Projections into Setbacks. These requirements shall supersede subsection 16-30.30.F (allowed projections into setbacks).
Table 2-2A Allowable Projections into Setbacks and Paseos
Allowable Projection Maximum Projection
Awnings and Rigid Canopies (1) 30 inches
Balconies and Bay Windows (1,2) 36 inches, may not exceed a width of 12 feet
Cornices and Eaves 12 inches
Porches and Stoops 7 feet, excluding stairs
Wall-Mounted Lighting and Planter Boxes 18 inches
(1) Not allowed more than 25 feet above finished grade.
(2) Balconies or bay windows shall be separated by at least 4 feet.
2. Building width and separations. A building shall not be more than 180 feet in
width or depth, as illustrated in Figure 1-1: Building Width and Massing Increment.
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3. Massing increment. Building massing shall not be more than 60 feet in width
where it is within 10 feet of minimum required property-line setback from a
property line, unless it is separated by a building recess into multiple massing increments, each with a massing increment of not more than 60 feet in width, as illustrated in Figure 1-1: Building Width and Massing Increment. A building recess that is used to separate adjacent massing increments shall have a depth of at
least 6 feet from the principal façade planes that it abuts, and a minimum width of
8 feet.
Figure 1-1: Building Width and Massing Increment
4. Corner stepbacks. Building mass at building corners shall be stepped back, where it is within 10 feet of a minimum property-line setback. Additionally, building mass at building corners shall be stepped back where a minimum
required property-line setback and minimum required paseo width as described in
subsection 16-21.040.G.2a (paseos) intersect. Where a building corner stepback is required, then the building area that is above the ground floor shall be stepped back not less than 6 feet beyond the minimum required property-line setback and/or minimum required paseo width, and for a width of not less than 10 feet in
either direction from where such setbacks intersect, as illustrated in Figure 1-2: Corner Stepbacks.
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Figure 1-2: Corner Stepbacks
E. Residential Frontages in R-3, R-3-10, and R-4 Zones.
1. Residential street frontages. Not less than 75 percent of the available street frontage(s) adjacent to a public right-of-way shall be occupied by residential
frontage, paseo, or some combination of the two, as illustrated in Figure 1-3:
Street Frontage Continuity and described in subsection 16-21.040.E.3 (residential frontage design) and section 16-21.040.G (open space design), except that where project site has less than 100 linear feet of property line along a street, then the minimum residential street frontage can be reduced to allow vehicular access
consistent with subsection 16-21.040.I.1 (vehicular access).
2. Residential frontages along community open space. Where buildings abut a community open space, not less than 75 percent of the building edge shall be a residential frontage, as described in subsection 16-21.040.E.3 (residential frontage design).
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Figure 1-3: Street Frontage Continuity
3. Residential frontage design. Residential street frontages and residential frontages shall conform to the following standards.
a. The residential ground floor shall not be more than 4 feet above finished grade,
except within 20 feet of a vehicle entrance to a below-grade garage used by multiple households.
b. Window and/or door openings shall comprise at least 25 percent of the surface area of the principal façade plane of each massing increment, as illustrated in Figure 1.4: Residential Window Area.
c. Principal building entrances shall be accompanied by a porch, stoop, or vestibule with forecourt, are illustrated in Figure 1-5: Residential Entrance Types.
Figure 1-4: Residential Window and Door Area
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Figure 1-5: Residential Entrance Types
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4. Building entry and pedestrian access. Sidewalks that lead to principal building
entrances shall connect directly to a public street as described in subsection 16-
21.040.G.3 (sidewalks and bicycle facilities along public streets), or connect indirectly to a public street along a paseo as described in subsection 16-21.040.G.2.a (paseos), a shared court as described in subsection 16-21.040.G.2.c (shared courts), or along a sidewalk along a private street as described in 16-21.040.I.2
(private streets).
5. Garage doors and openings. Garage doors and garage openings shall not comprise more than 50% of the width of each massing increment, as illustrated in Figure 1-6: Garage Doors & Openings. Garage openings that are used for up to 2 vehicles (or up to 4 vehicles if using tandem parking or mechanical lifts) shall be
accompanied by garage doors that are not more than 18 feet in width. Adjacent
garage doors shall be separated by a column or vertical panel not less than 12 inches in width.
Figure 1.6: Garage Doors & Openings
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6. Service area location and screening. Service areas shall be located:
a. at least 30 feet from street rights-of-way;
b. enclosed within a building envelope; or
c. screened from view of public sidewalk(s) with a solid wall or fence at least 42 inches in height.
7. 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 a front or street side setback. If this is determined to be technically infeasible by a licensed 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.
F. Building Design in R-3, R-3-10, and R-4 Zones.
1. Exterior materials.
a. Greyscale. Exterior finishes, garage doors, and roofs shall have a grey scale
(color value) that is at least 30 percent and not more than 70 percent. The color of front doors, window frames, and mullions are exempt from this requirement.
b. Prohibited finishes. Prohibited exterior finishes include: unfinished cinder
block; unfinished cement block; mirrored glass; and vinyl and aluminum
products, including those intended to simulate wood.
c. Extent of single finish. No single finish material shall comprise more than 40 percent of the surface area of each principal façade plane, inclusive of doors and windows, as illustrated in Figure 1-7: Extent of Single Material.
The exterior finish material must vary in two or more of the following ways:
- vary among wood, stucco, metal, and cementitious materials;
- vary among shingles, board-and-batten, shiplap, panels, and uninterrupted planes;
- vary the color hue of the exterior finishes by at least 30 degrees
within a 360-degree color wheel and/or vary the color grey value
by at least 20 percent.
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Figure 1.7: Extent of Single Material
d. Wood. Exterior application of wood shall be comprised of one of the following: wood modules comprised of lap siding, vertical plank siding with or without batten, horizontal plank siding, or shingles, or exterior plywood with battens to cover joints and horizontally spaced not less than 2 feet on
center.
e. Stucco and concrete. For exterior application of stucco and concrete, a horizontal expansion joint or control joint shall be placed within one foot of each floor level, and a vertical expansion joint shall occur at least every fifteen feet. For stucco, expansion and control joints shall be reinforced with
metal.
f. Metal. Metal pieces, panels, fasteners, and detailing affixed to the exterior surface of a building or accessory structure shall be resistant to corrosion.
g. Brick and stone. If brick or stone are used adjacent to a building opening, a soldier course or solid lintel shall be incorporated, which is above the
opening and at least 8 inches in height.
2. Windows.
a. Window type. Operable windows shall be limited to double-hung, awning, or casement type windows. Horizontal sliding and hopper windows are prohibited.
b. Window materials. Solid wood or steel sash windows are required. Hollow
window sections are not allowed.
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c. Mullions. Mullions may not be behind the surface of window glass, when
viewed from outside.
d. 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.
e. Recessed glass. Window glass shall be recessed at least 2 inches from the
front face of adjacent trim or, if no trim is used, from the face of the adjacent
exterior building wall.
f. Privacy. Within the same development project, facing windows between buildings shall include at least one of the following:
- building faces separated horizontally by at least 15 feet,
- offset horizontally on the opposing building walls so facing
window areas do not overlap,
- having an interior sill height that is at least 48 inches above floor level; and/or
- use of obscured glass in one or more windows if used with a
bathroom or storage room.
3. Roofs.
a. Projections.
- Horizontal projections shall be limited consistent with Table 2-2A Allowable Projections into Setbacks and Paseos.
- Parapet walls shall not extend vertically more than three feet above
roof.
- Roof-mounted mechanical equipment shall be entirely recessed within a sloped roof, or surrounded on all sides by a parapet wall with a top edge as high as the topmost point of the equipment.
- The following are exempt from the limitations of this subsection:
solar panels, wireless communications equipment, window cleaning systems, equipment required by fire departments and other public agencies, and associated appurtenances.
b. Roofs on sloped sites. On sites with an average slope that is greater than 15
percent:
- roofs shall be either flat or sloped in the same direction as the finished slope below the building, within 30 degrees of a line parallel with the slope; and
- gabled roof ends shall not be oriented in the same direction as the
finished slope below the building, within 30 degrees of a line
parallel with the slope.
G. Open Space Design in R-3, R-3-10, and R-4 Zones.
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1. Private open space. Required private open space shall be comprised of a
balcony, deck, covered porch, or yard dedicated to a specific dwelling unit, which
have a minimum depth and width of at least 6 feet inclusive of posts and railings.
2. Community open space. Community open spaces are for shared use by residents and may be used to provide pedestrian access to a public street as described in subsection 16-21.040.E.4 (building entry and pedestrian access). Community open
spaces consistent with the open space types described below can be used to meet
part of usable open space requirements in subsection 16-21.040.B.2 (open space standards), exclusive of areas comprised of sidewalks, building projections, and landscaped areas within 5 feet of a building.
a. Paseos. Paseos may be directly accessible by members of the public or may
be secured from direct public access behind a gate and fence/wall. Paseos
shall conform to all of the following design requirements:
- a paseo’s width shall be at least 25 feet between confronting façade planes, excluding allowable projections;
- within 40 feet of property lines, paseo width shall be at least 40
feet (not including allowable projections);
- along paseos, residential frontage shall conform to subsection 16-21.040.E.2 (residential frontages along community open space);
- at least one shared sidewalk not less than 6 feet in width shall run the length of the paseo; and
- not less than 1 square-foot of lawn, seating, and/or play area(s)
shall be provided for every 5 linear feet of paseo.
b. Outdoor Recreation Space. Outdoor recreation space includes play areas, pools, ball courts, lawns, and similar recreational amenities. Outdoor recreation space may or may not be directly accessible by members of the
public. Outdoor recreational space that conform to the following
requirements may be counted towards usable open space:
- a width and depth of not less than 40 feet;
- not less than 20 linear feet of fixed seating;
- landscaped areas between adjacent residential frontage and the
outdoor recreational space, with a depth of not less than 8 feet not
including allowable projections and shared seating; and
- not less than one tree planted for every 50 feet of adjacent residential frontage.
c. Shared Courts. A shared court is a community space shared by pedestrians,
bicyclists, and motor vehicles, and designed for very low vehicle speeds and
traffic volumes. Shared courts may or may not be directly accessible by members of the public. Shared courts that conform to the following requirements may be counted towards usable open space, up to a maximum of 50 square feet per dwelling unit:
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- no through traffic, except to provide access to garage(s) for
eighteen (16) or fewer vehicles;
- speed attenuation across the vehicular entrance to the share courts, such as a speed hump and/or rumble strip;
- vehicle maneuvering dimensions consistent with subsection 16-21.040.I.3 (alleys) with a curb or fixed bollards at the edges of
areas that allow motor vehicles to protect the residential frontage
and associated landscape;
- landscaped areas between residential frontage and the shared court, with a depth of not less than 8 feet (not including allowable projections and shared seating), with not less than one tree planted
for every 50 feet of residential frontage and not less than 20 linear
feet of fixed seating; and
- surface material composed of permeable pavers made of brick, concrete, stone, and/or simulated stone, with a vertical depth of not less than 3 inches and horizontal diagonal dimension of not less
than 13 inches, except to allow a concrete band up to 12 inches in
width along the shared court’s perimeter.
d. Roof terraces. Roof terraces provide shared amenities for all residents on the top of roofs accessible by all project residents but not directly accessible by members of the public. A roof terrace can be used to meet usable open
space requirements if it conforms to the following:
- a width and depth of not less than 25 feet;
- universal access by all residents, including elevator access for persons with limited mobility;
- not less than 25 percent of a roof terrace shall be comprised of
lawn, seating, food preparation, and/or barbeque area(s);
- not less than 10 percent of a roof terrace shall be landscaped; and
- at least one ADA-accessible unisex toilet provided.
e. Community rooms. Community rooms include classrooms, day care centers, recreation centers, and reading rooms. A community room may be
used to meet usable open space requirements if it contains uses that serve
residents or is available for use by residents, and if it conforms to all of the following requirements:
- a width and depth of not less than 25 feet;
- a ground-floor location providing universal access by all residents;
- a direct access from a public street or community open space;
- windows comprising not less than 50 percent of a community room’s exterior wall(s) where the wall(s) face(s) a public street or community open space; and
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- at least one ADA-accessible unisex toilet and at least one ADA-
accessible kitchen that is not less than 50 square feet..
f. Community gardens. A community garden may be counted towards usable open space, up to a maximum of 50 square feet per unit, if it conforms to the following:
- direct pedestrian access via sidewalk(s) connected to a public street
or network of on-site sidewalks;
- slopes of less than 15 percent;
- planter boxes that comprise not less than 50 percent of the community garden area and have a minimum depth and width of not less than 3 feet and a soil depth above finished grade of not less
than 10 inches;
- horizontal separation of at least 3 feet between planter boxes for pedestrian circulation; and
- at least two ADA accessible planter boxes.
3. Sidewalks and bicycle facilities along public streets.
a. Public Sidewalks. Where no sidewalk pre-exists along public street(s)
adjacent to the project site, a new publicly-accessible sidewalk shall be provided. Where there is no existing public sidewalk in both directions within 200 feet from the project site boundaries, no new sidewalk is required. New sidewalks shall be located outside of vehicular travel lanes and required
bikeway improvements, as described below:
- new sidewalks along public streets shall be not less than 6 feet in width;
- new sidewalks may be located within a street right-of-way, if an encroachment permit is obtained and there is 6 feet or more of
unobstructed space between the street’s existing curb and the
project site’s property line. Sidewalks of required width shall otherwise be located partly or entirely on the project site within newly dedicated public right-of-way; and
-. where the distance between the street’s existing curb and edge of
right-of-way exceeds 12 feet, then a landscape strip shall be
provided between the new sidewalk and curb. The landscape strip shall not be less than 6 feet in width and include street trees planted not less than 35 feet on-center as measured parallel to the curb, not less than 24 inches from face of curb, and consistent with a street
tree list and specifications provided by the Town.
b. Bikeways. Where the project is adjacent to a roadway with bikeway facility locations designated in Tiburon General Plan Figure M-4 “Bikeway Network,” bikeway improvements shall be made according to each bikeway classification and as further defined below:
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- Class I Multi-Use Path – a bikeway not less than 10 feet, which is
separated from vehicle travel lane of not less than 11 feet wide by a
landscape strip not less than 6 feet wide;
- Class II Bike Lanes – not less than 11 feet for vehicle travel lane and 5 feet for adjacent bicycle lane, for a combined width of 16 feet; and
- Class III Bike Route – not less than 13 feet for one lane shared by
bicyclists and motorists;
- Class IV Separated Bikeway – according to design specifications provided by the Town; and
- for all classifications, pre-existing parallel parking lanes shall be
maintained and have a minimum width of 8 feet.
c. Dedication of Land. The developer shall be responsible for making sidewalk, bikeway, and associated landscape strip improvements, and shall dedicate land with these improvements to the public right-of-way.
d. Conformance with Standards. Street improvements shall conform to and
in no event conflict with the Federal Highway Administration Manual on
Uniform Traffic Control Devices or Caltrans design manuals, whichever is more restrictive at the time of project application, or Marin County standards if FHA or Caltrans standards are not in effect.
H. Landscape Design in R-3, R-3-10, and R-4 Zones.
1. Landscaped setbacks. Not less than 90 percent of setback areas shall be landscaped, except for areas occupied by building projections, pedestrian access, vehicular access, utilities, retaining walls, and community open space areas. Landscape materials shall be comprised of trees, shrubs, and groundcover
consistent with .
2. Trees and Plant Materials. Required landscaped areas shall be composed of trees, shrubs, and groundcover in compliance with the following:
- trees shall be planted at 15-gallon size or larger;
- shrubs shall be planted at one-gallon size or larger;
- ground cover shall be planted at spacing not more than 12 inches on center;
and
- up to 10 percent of required landscape areas may be comprised of inorganic materials including, but not limited to, sand, stone, decomposed granite, or gravel.
3. Vegetation Management Plan. A vegetation management plan shall be prepared
in compliance with fire district regulations.
4. Fences and walls. Fences and walls shall conform to the following standards, except for retaining walls which shall meet requirements in section 16-21.040.J (site preparation and engineering):
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a. within front and street side setback areas, no fence or wall shall exceed a
height of forty-two (42) inches above finished grade;
b. in all other locations, no fence or wall shall exceed a height of seventy-two (72) inches above finished grade; and
c. fence and wall materials. The following fence materials are allowed in combination with posts:
- wood board or picket;
- wood or metal frame with metal wire;
- metal bar;
- stone or brick;
- cast in place concrete; or
- concrete block or cinder block where faced with stucco, tile, or
cementitious panels.
Fence materials that are not allowed include:
- barb wire;
- razor wire;
- chain link;
- corrugated metal;
- plastic and other synthetic materials; and
- unfaced concrete block or cinder block.
5. Site lighting. Lighting for parking and open space areas shall conform with the
following standards:
a. pole-mounted lighting fixtures shall not exceed a height of 12 feet from finished grade;
b. within two feet of a building entryway at least one wall-mounted exterior light fixture shall be provided; and
c. all proposed exterior lighting shall include shielded downlighting and shall not
cast direct light beyond interior side and rear property lines, based on fixture specifications, location, and height.
I. Vehicular Access and Parking in R-3, R-3-10, and R-4 Zones.
1. Vehicular access.
a. Regulatory Consistency. Street improvements shall conform to and in no event conflict with the Federal Highway Administration Manual on Uniform Traffic Control Devices or Caltrans design manuals, whichever is more restrictive at the time of project application, or Marin County standards if
FHA or Caltrans standards are not in effect.
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b. Width of travel lanes. On-site vehicle travel lanes along private streets,
shared driveways, and/or alleys shall have a paved width of 20 to 24 feet,
exclusive of parking lanes, breakdown lanes (shoulders), or other obstructions.
c. Slope of travel lanes. On-site vehicle travel lanes along private streets, shared driveways, and/or alleys shall comply with the standards of the
applicable fire protection district.
d. Vehicle egress. An uninterrupted line of sight shall be provided to the street and sidewalk from a driver’s vantage point located not less than 5 feet from the street right-of-way, and within a cone of vision not less than 45-degrees angle in both directions from the direction of travel. A stop sign shall be
located not more than 2 feet to the right of the uninterrupted line of sight.
Driveways that cross public sidewalks shall be at the same level as the sidewalk.
e. Fire access. Fire apparatus access to sides of structures and vehicular access routes shall comply with the standards of the applicable fire protection
district.
2. Private Streets. Private streets that provide access to both vehicles and pedestrians within a project site, in addition to consistency with section 16-21.040.I (vehicular access and parking), shall meet all of the following design requirements:
a. vehicle and pedestrian routes shall connect to a public street;
b. vehicle travel lanes may be flanked by parallel parking on one or both sides;
c. diagonal and perpendicular parking shall be limited to one side of travel lanes;
d. where parking abuts travel lane(s), parking and aisle dimensions shall
conform to section 16-32.080 (parking design and development standards),
except that aisle dimensions shall be interpreted to allow the front or rear of a vehicle to overhang a curb and/or landscaped area up to 2 feet from edge of pavement;
e. planting strips shall include street trees planted not less than 35 feet on-
center as measured parallel to the curb, not less than 24 inches from face of
curb, and consistent with subsection 16-21.040.H.2 (trees and plant materials).
3. Alleys. Alleys may be used to provide vehicular access on-site without pedestrian circulation. Alleys shall meet all of the following design requirements:
a. travel lanes shall conform to subsection 16-21.040.I.1.b (width of travel
lanes);
b. subsection where garage doors and/or surface parking are present along an alley, parking and aisle dimensions shall conform to section 16-32.080 (parking design and development standards), except that vehicle
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maneuvering shall assume aisle dimensions shall assume that vehicles can
overhang the edge of alleys by 2 feet; and
c. alley pavement shall be comprised of asphalt, concrete, and/or permeable pavers.
4. Parking.
a. Parking ratios. On-site motor vehicle parking for vehicles shall conform
with section 16-32.040 (number of parking spaces required). On-site bicycle
parking shall be provided as follows:
- secure covered bicycle room(s), lockers, or enclosed shed(s) accommodating one bike space per studio or one-bedroom unit and two bike spaces for larger units; and
- bike racks accommodating one bike space per 10 units, but not less
than 2 racks.
b. Parking design. On-site parking for vehicles shall conform with section 16-32.080 (parking design and development standards), except that:
- parking garages shall be located in conformance with section 16-
21.040.E.2 (street and community open space frontages);
- a wall or fence having a height of between 36 and 42 inches above finished grade shall screen surface parking lots where they would otherwise be in direct view of a public sidewalk;
- within surface parking lots, at least 1 tree for every 6 parking stalls
shall be planted in a tree well with a width that is not less than 4
feet in all directions, and consistent with subsection 16-21.040.H.2 (trees and plant materials);
- parking lots shall be separated from property lines by a landscape strip that is not less than 6 feet wide;
- 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;
- 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
- a pair of tandem parking spaces shall be allowed when designated for use by members of the same household/dwelling unit.
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J. Site Preparation and Engineering in R-3, R-3-10, and R-4 Zones.
1. Grading. Projects shall conform to the following.
a. Development shall not occur on slopes that exceed 30% using a map with contour intervals of not more (not less detailed) than 2-feet, except to:
- allow grading, site improvements including retaining walls, and buildings, to occur within 25 feet of the perimeter of slopes that are
less than 30% and have a contiguous area at least 5,000 square feet,
and/or
- allow roadways, driveways, sidewalks, and/or trails across such slopes.
b. Free-standing retaining walls shall not exceed 3.5 feet in height within
setback areas, and not more than 6 feet in height in other areas.
c. Retaining walls that are below buildings or part of structured parking garages shall not exceed 18 feet in height. Parts of parking garages that are below buildings shall be designed such that the residential ground floor that is above conforms with subsection 16-21.040.E.3 (residential frontage design).
d. The top and the toe of each engineered slope shall transition to adjacent
slopes so that there is not more than a 2% change in slope within one horizontal foot.
e. Residential structures shall not be placed on areas with slopes over 10 percent that are within:
- an Earthquake Fault Zone as defined by the California Geologic Survey,
- an area mapped as landslide susceptibility class VIII, IX, or X by the California Department of Conservation, or
- a landslide, slump, or natural spring area as determined and mapped by a qualified civic or geotechnical engineer.
f. Projects that are located on or within 500 feet of any area identified in
subsection (e) above shall submit a geotechnical report prepared by the licensed geotechnical engineer of record that conforms to the California Building Standards Code requirements, notwithstanding any exclusions in the California Building Standards Code for building size or type of
construction. The report shall address site preparation, foundation, grading
and drainage recommendations, and proposed modification to the existing lagoon bulkhead if applicable, and expected ground water elevation at this site in relation to the proposed drainage improvements (including proposed subsurface drainage). The project shall incorporate all recommended
measures identified by the geotechnical report into the project plans.
Measures to be implemented during construction and operation of the project shall be listed on the improvement plans. The project applicant shall certify compliance with the measures.
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g. Slopes that have been graded, but that are free from buildings and other site
improvements, shall be planted with trees, shrubs, and groundcover
consistent with subsection 16-21.040.H.2 (trees and plant materials).
2. Protected Trees. Protected trees shall be subject to permitting and other provisions described in chapter 15A (trees), except for housing development projects which qualify for streamlined ministerial review as required under
California law for which the following shall apply:
- the project shall preserve and protect all heritage trees as defined in section 15A-2, and
- for any tree as defined in section 15A-2 which is removed, two replacement trees at least 15-gallon in size shall be planted within the project site.
3. Biological Resources. Projects shall avoid construction or grading on portions of
a site providing habitat for special-status species, wetlands, riparian areas, oak woodlands and habitats of significant value. Projects which qualify for streamlined ministerial review as provided under California law and containing area identified as a land use type other than urban in Figure C-1 of the Tiburon
General Plan shall conform with the following:
a. Projects shall submit a biological resources assessment prepared by a qualified professional that identifies special-status species, including endangered, threatened, sensitive, rare, and protected species, and their critical habitats, wildlife migration corridors, riparian habitat, and other
sensitive natural communities (collectively "biological resources"). The
biological resources assessment shall identify measures to protect biological resources based on local or regional plans, policies, regulations by the California Department of Fish and Game, US Fish and Wildlife Service, Bay Conservation and Development Commission, National Marine Fisheries
Service, US Army Corps of Engineers, or other state or federal agency with
jurisdiction over the biological resource, or best practices for resources conservation as established by resource protection or conservation plans.
b. The project shall incorporate all biological resource measures identified by the biological resources report into the project plans. Measures to be
implemented during construction and operation of the project shall be listed
on the improvement plans. The project applicant shall certify compliance with the measures.
c. The project shall provide a minimum of a 100-foot buffer from habitat for special-status species, wetlands, oak woodlands, and habitat of significant
value as identified in the biological resources assessment which are present
on the project site, unless a reduced buffer that is not less than 25 feet is determined to be adequate to protect such resources by the qualified biologist. No ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space.
d. If special-habitat species occur on the site or have the potential to occur on
the site, as determined by the biological resources assessment, the qualified biologist shall identify adequate measures consistent with mitigation
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recommended by resource agencies (i.e., U.S. Fish and Wildlife Service,
California Department of Fish and Wildlife) to avoid impacts to special-
status species during any ground-disturbing and construction activities and the project shall implement such measures and include documentation demonstrating adherence to all measures. Certificates of occupancy shall not be approved without demonstration of adherence to all measures.
4. Cultural Resources. Projects shall avoid construction or grading on portions of a
site containing significant cultural resources. Projects which qualify for streamlined ministerial review as provided under California law and containing area identified as a land use type other than urban in Figure C-1 of the Tiburon General Plan shall conform with the following:
a. A cultural resources assessment, including site survey, shall be conducted by
a qualified archaeologist and shall identify the potential for cultural resources on the project site.
b. If significant cultural resources, or the potential for significant cultural resources, are identified by the cultural resources assessment, the project
shall avoid such cultural resources and shall provide a minimum of a 100-
foot buffer from significant cultural resources, unless a reduced buffer that is not less than 25 feet is determined to be adequate to protect such resources by the qualified archaeologist or measures, such as capping the resource or relocation of the resources to permanent open space, are identified as
adequate to preserve the significance of significant cultural resources. No
ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space. The project shall implement all recommended measures and include documentation demonstrating adherence to all measures. Certificates of occupancy shall not be approved without
demonstration of adherence to all measures.
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SECTION 3. 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):
“Appurtenance”. Structural and utility apparatus(es) associated with a principal feature or function.
“Building entrance, principal”. See “Entrance, principal building”.
“Building footprint”. See “Footprint, building”.
“Canopy, Rigid”. A rigid projection used to protect a window or other opening from rain and/or sun.
“Cinder block”. A type of concrete block made with cinder aggregate.
“Grayscale”. Grayscale is the collection or the range of monochromic (gray) shades, ranging
from pure white (100%) on the lightest end to pure black (0%) on the opposite end. Grayscale
only contains luminance (brightness) information and no hue (color spectrum) information.
“Eave”. The lower edge of a roof that overhangs beyond the wall and building below.
“Footprint, building”. The dimensions of a building at grade level.
“Frontage, available street”. The length of a street-adjacent property line that is available for
development, and therefore exclusive of required property line setbacks, stream setbacks, and
natural areas, like woodlands and rock outcroppings, where they are retained. In the calculation of available street frontage, intersecting street-adjacent property line segments that intersect at an obtuse shall constitute a single frontage, whereas property line segments that intersect at less than 45 degrees from perpendicular shall be considered as separate.
“Garage door”. A movable door, gate, or system of panels, which cover a garage opening when
closed.
“Garage opening”. An exterior building opening without walls that provides access to motorized vehicles.
“Grade, natural”. The elevation of improved or unimproved surface of the ground that exists on
date of project application and as is determined by a reliable site survey showing not less than 2-
foot contour intervals.
“Streets, private”. Private streets serve both vehicle traffic, pedestrian, and bicycle circulation on site. Private streets feature sidewalks for pedestrians, whereas alleys do not.
“Lanes, travel”. Traffic lanes for the uninterrupted movement of motor vehicles, including
through lanes, turn lanes, acceleration lanes, and deceleration lanes, but not parking lanes,
bicycle lanes, sidewalks, or planted areas.
“Property-Line Setback, Minimum”. A line that describes nearest that a building may be setback from a property line, excluding allowable projections.
“Shared Court”. A shared open space designed for pedestrian use and for relatively few
motorists accessing parking, and where pedestrian safety is addressed by slowing vehicles and
communicating its shared character through use of signage, decorative pavers, speed attenuation
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devices, rumble strips, decorative pavers, and signage. Shared courts are known as “woonerfs”
among design professionals, which means “residential yard” in Dutch.
“Street frontage”. See “Frontage, street”.
“Street frontage, available”. See “Frontage, available street”.
SECTION 4. 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) are hereby amended to read as follows with additions underlined and deletions struck through:
"Building". Any structure used or intended for supporting or sheltering any use or occupancy. When any portion thereof is completely separated from every other portion thereof by an
approved fire wall assembly or separation as defined by the California Building Code, without
any window, door, or other opening therein, which fire wall extends from the ground to the upper surfaces of the roof at every point, then such portion shall be deemed to be a separate building. In consideration of Block Width and Massing Increment standards, however, a building’s width shall consider the massing of multiple adjacent buildings to be integrated and
buildings divided by a fire wall assembly or separation shall not be considered as separate.
“Façade plane”. Within the limits of a horizontal Façade Increment, the Façade Plane is the largest wall surface within the same contiguous two-dimensional surface without projections or recesses from that surface. Facade Planes 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 ten (10) feet of a
street-facing required minimum setback and at ground-floor level, including a building's ground-floor facade, 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.
"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 single-family and two-family 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
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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 multi-family uses, commercial uses, or mixed use development, gross floor area
shall not include the entire floor area of garages and carports accommodating required
parking.
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.
Unless otherwise stipulated, the term “floor area” shall mean gross floor area.
“Frontage, street”. A street frontage describes development characteristics with within ten (10) feet of a street-facing required minimum setback 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 type”. Characteristically different frontage types, such as commercial versus residential, but also inclusive of service areas and community open space.
"Grade". The natural surface of the ground, or the finished ground surface, whichever is lower, but in no case lower than the minimum flood grade elevations adopted by the town (See
"Height"), except that for projects on slopes that average greater than 10 percent, building height
shall be measured from natural grade alone. The director or board may determine the grade in the case of unusual project conditions.
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“Ground floor”. The floor of a building located nearest to the finished grade around the building,
exclusive of parking garages.
“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 property line setback.
“Paseo”. A pedestrian passage flanked by landscaping that provides an internal walking
connection to building entrances, adjacent parcels or sidewalks or other paseos. Paseos include
amenities, such as seating and play areas. Paseos are not accompanied by space for motor vehicles.
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SECTION 5. AMENDMENTS TO TOWN OF TIBURON ZONING MAP.
The Town of Tiburon Zoning Map shall be amended to modify the zoning of the property at
4576 Paradise Drive (APN # 038-142-02) from RPD (Residential Planned Development) to R-3-10 (Multifamily Residential) as depicted in Exhibit A.
SECTION 6. 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 7. 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 November 15, 2023, and was adopted at a regular meeting of the Town Council of the Town
of Tiburon on December 6, 2023 by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Nikfar, Ryan, Welner
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Thier
_______________________________
JACK RYAN, MAYOR
TOWN OF TIBURON
ATTEST:
______________________________
LEA DILENA, TOWN CLERK
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EXHIBIT A
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