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HomeMy WebLinkAboutTC Ord 2015-11-18ORDINANCE NO. 562 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING TITLE IV, CHAPTER 16, SECTION 16-40.040 (SEASONAL RENTAL UNITS) OF THE TIBURON MUNICIPAL CODE AND ADOPTING A NEW TITLE IV, CHAPTER 16, SECTION 16-40.040 THAT PROHIBITS VACATION RENTALS WHEREAS, the Town consists of just over four square miles of land on a narrow peninsula jutting into San Francisco Bay, which is home to 9,000 residents and numerous visitors from the world over on any given day of the year; and WHEREAS, Tiburon's housing goals include preserving its housing stock and preserving the quality and character of its existing single and multi -family residential neighborhoods; and WHEREAS, the Town must also preserve its unique sense of community which derives, in large part, from residents' active participation in civic affairs, including local government, cultural events, and educational endeavors; and WHEREAS, Tiburon's unparalleled geography, climate, natural beauty, its charming downtown, distinct residential neighborhoods and proximity to San Francisco and other parts of the San Francisco Bay Area have drawn visitors from around the United States and around the world; and WHEREAS, the Town affords an array of visitor -serving short term rentals, including, hotels, motels, seasonal and/or vacation rentals, not all of which are currently being undertaken as authorized by local law; and WHEREAS, operations of vacation rentals, where residents typically rent out entire units to visitors and are not present during the visitors' stays, are found to be detrimental to the Town's public welfare because occupants of such vacation rentals do not have any connections to the Tiburon community and to the residential neighborhoods in which they are visiting; and Town of Tiburon Ordinance No. 562 N. S. Effective 12/18/2015 Pagel 1 (1) The definition of "Seasonal rental unit" in Section 16-100.020 (S) is amended to read as follows: Seasonal rental unit. See "Vacation rental". (2) The following definition is added to Section 16-100.020 (S): Short term rental. See "Vacation Rental". (3) The following definition is added to Section 16-100.020 (V): Vacation Rental. Rental of any dwelling unit, in whole or in part, within the Town of Tiburon to any person(s) for exclusive transient use of 30 consecutive calendar days or less, in instances where the unit is only approved for permanent residential occupancy and not approved for occupancy by transients, as that term is defined in Title II, Chapter 7 of this Code. Rental of units within Town -approved hotels, motels and bed and breakfasts shall not be considered Vacation Rental, nor shall providing room and board for one guest in a single family dwelling. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Town of Tiburon Ordinance No. 562 N. S Effective 12/18/2015 Pagel 4 SECTION 4. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on August 19, 2015, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on November 18, 2015, by the following vote: AYES: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell NAYS: COUNCILMEMBERS: Doyle, Tollini ABSENT: COUNCILMEMBERS: None FRANK X. DOYLE, MNYOR TOWN OF TIBURON ATTEST: DIANE C IACOPI, TOWN CLERK Attachments: Exhibit "A" ---Revised Table 2-1 Exhibit `B" ---Revised Table 5-1 Town of Tiburon Ordinance No. 562 N S. Effective 12/18/2015 Pagel 5 1 TABLE 2-1 plowed Land Uses and Permit Requirements or Residential Zones P Permitted Use U Conditional Use Permit MP Ministerial Permit — Use not allowed LAND USE (1) PERMIT REQUIRED BY DISTRICT R-1 R -1-B RO R-2 R-3 RPD RMP Specific Use Regulations AGRICULTURAL & OPEN SPACE USES Agriculture, including Aviaries (6) U U U U U U U Title VI, 20-5.1 Botanical conservatories, outdoor nature labs, and similar facilities — — — — — U U Open space use — — — — — P P Wildlife sanctuaries — — — — — U U 16-52.100/16-52.105 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 — — Parochial or other nonprofit school - elementary, secondary, or college U U U U U U U 16-52.100/16-52.105 Philanthropic or charitable facility U U U U U U U Private residential recreation facilities U U U U U U U Public park P P P P P P P Playground U U U U U U U 16-40.020 Publicly owned building or facility U U U U U U U Religious places of worship U U U U U U U ESIDENTIAL USES Home occupation P P P P P P P 16-52.110 intermediate or community care facility (3) P P P P P P P Multifamily dwelling — — — — P — P Secondary dwelling unit/Junior accessory dwelling unit (5) MP MP MP — — MP — 16-52.100/16-52.105 Single-family dwelling P P P P — P P Single-family dwelling providing room/board for 1 paying guest 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 Key to Zoning District Symbols R-1 Single -Family Residential R-3 Multifamily Residential R4 -B Modified Single Family Residential RPD Residential Planned Development RO Residential Open RMP Residential Multiple Planned R-2 Two -Family Residential 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 Section 16-62. (5) Also subject to Standards adopted by separate Resolution of the Town Council. (6) Except for chicken -keeping and bee -keeping as set forth in Section 16-40.070. EXHIBIT "A" Specific Use Regulations TABLE 2-1 (Continued) 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 R-1 R -1-B RO R-2 R-3 RPD RMP Bed and breakfast facility (B&B) U U U — — — — Residential Planned Development Child day-care facilities, small family day-care homes – up to 8 children (5) P P P P P P P Health & SafeCe 15973 et seq. Child day-care facilities, large family day-care homes - 9 to 14 children (5) 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 Medical Services - Hospital U U U U U U U Real estate tract office U U U U U U U COMMUNICATIONS & INFRASTRUCTURE Public utility and communication equipment building U U U U U U U Residential Planned Development Wireless communication facility, amateur or professional (6) U/MP U/MP U/MP U/MP U/MP U/MP U/MP Government5850 Code 665850.6 Ke v to Zoning District Symbols R-1 Single -Family Residential R-3 Multifamily Residential R -1-B Modified Single Family Residential RPD Residential Planned Development RO Residential Open RMP Residential Multiple Planned R-2 Two -Family Residential 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 the 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 Califomia 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 Sec. 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. Table 5-1 - Review Authority Type of Permit or Decision Role of Review Authority' Director Design Review Board Planning Commission Town Council Site Plan and Architectural Review Decide Appeal Action 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 Secondary Dwelling Unit Permit/ Junior Accessory Dwelling Unit Decide Appeal Action Zoning Ordinance Text Amendment 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 Section 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. EXHIBIT "B"