HomeMy WebLinkAboutTC Agd Pkt 2016-03-16 TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard March 16,2016
' Tiburon,CA 94920 Agenda Item: op; '
STAFFREPORT
To: Mayor and Members of Town Council
From: Community Development Department
Office of the Town Attorney
Subject: Public Hearing to Consider Introduction and First Reading of Ordinances
Amending Tiburon Municipal Code Chapter 32 (Regulation of Firearms),
including but not Limited to Reporting the Loss or Theft of a Firearm,
Required Storage of Handguns, and Possession of Large Capacity
Ammunition Magazines; and Chapter 16 (Zoning), including but not Limited
to Regulations Regarding Firearms Uses,Marijuana Sales and Cultivation,
Yards and Setbacks, and Use-for Use Changes in Commercial Zones;Files
7M 2016-01 and MCA 2016-02; Town-initiated Amendments
Reviewed By:
BACKGROUND
In reaction to increased mass shootings throughout this country, a number of local jurisdictions
have considered and enacted various measures relating to firearms. The Town has previously
enacted Chapter 32 in the Municipal Code addressing firearms. Chapter 32 addresses several
areas of concern, including, (1)firearm dealer's requirement to obtain a permit from the Town for
selling firearms, (b)recordkeeping for ammunition sales, and(c) the discharging of air rifles and
firearms within Town limits.
The Town has initiated amendments to the Tiburon Municipal Code Chapter 32 (Regulation of
Firearms) and Chapter 16 (Zoning)to consider adding additional measures addressing firearms.
Draft ordinances setting forth the proposed amendments have been prepared and now come
before the Council as a public hearing item.
ANALYSIS
Under the California Constitution,the Town has the authority to regulate all things that are
injurious to the public welfare, and firearms have been interpreted to be a proper item for
regulation. While the Second Amendment of the U.S. Constitution and California State law
preempt certain areas for regulation, California cities have the ability to regulate other areas that
are not preempted by the State.
There are two separate sets of proposed text amendments. The first set deals with firearms
regulations set forth in Municipal Code Chapter 32 (Regulation of Firearms). The second set are
zoning text amendments codified in Chapter 16 (Zoning), some of which complement the
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firearms regulation amendments and some of which propose a variety of amendments relating to
topics such as yards and setbacks, marijuana sale and cultivation,and use-for-use changes in
commercial zones. These sets are discussed separately below.
Firearms-related Amendments (Chapter 32)
In January 2016, the Town Council discussed amendments to the Town's existing provisions
regulating firearms and ammunition(Municipal Code Chapter 32) in an effort to strengthen local
control over certain aspects of firearms regulation that are not preempted by state or federal law.
Minutes of the discussion on that item are attached as Exhibit 1. The proposed amendments
would add several sections to Chapter 32, including provisions for:
1. Reporting requirements for the loss or theft of firearms.
2. Requirements for the safe storage of handguns.
3. Prohibition on the possession of large capacity magazines.
In addition to the above,the Town Council also directed that zoning regulations regarding
firearms dealers be added to clarify where such uses might be permitted. These proposed
amendments are discussed in the zoning text section below.
1. Reporting Requirements for the Loss or Theft of Firearms
Federal and California laws currently require licensed firearms dealers,but not gun owners,to
report the loss or theft of firearms. Local governments in California with reporting laws include
San Francisco, Sacramento, Oakland,Berkeley, Los Angeles, West Hollywood, Thousand Oaks,
Simi Valley, Sunnyvale, and Port Hueneme. Jurisdictions that have imposed this type of
reporting requirement have adopted findings that conclude that the reporting requirements are
useful for law enforcement investigatory purposes.
The proposed reporting law would be useful to law enforcement for several reasons. First,when
a crime gun is traced by law enforcement to the last purchaser of record,the owner may claim
that the gun was lost or stolen to hide his or her involvement in the crime or in gun trafficking. A
reporting law would provide a tool for law enforcement to detect this behavior and charge
criminals who engage in it.
Second, a reporting law would help disarm prohibited persons. When a person who legally
owned a gun falls into a prohibited category, it is crucial that law enforcement remove the firearm
from his or her possession. For example, a gun owner who is convicted of a felony or who
becomes the subject of a domestic violence restraining order is not permitted under federal or
state law to continue to possess his or her firearm. However,when ordered to surrender the
firearm by law enforcement or a judge,the owner may falsely claim it has been lost or stolen. A
mandatory reporting law would provide a deterrent to this behavior.
Third, a reporting requirement would make it easier for law enforcement to locate a lost or stolen
firearm and return it to its owner. Timely reporting of gun thefts or losses enables police to trace
guns more effectively, and makes the successful prosecution of users of stolen guns more likely.
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Finally, a reporting law would make gun owners more accountable for their weapons. Such a law
would also protect gun owners from unwarranted criminal accusations when a gun that was lost
or stolen is later recovered at a crime scene.
This proposed reporting law would require a person to report the loss or theft of a firearm he or
she owns or possesses within 48 hours of the time he or she knew or reasonably should have
known of such loss or theft. The law also requires persons who have had a firearm lost or stolen
within five (5)years prior to the effective date of the law to report the loss or theft within sixty
(60) days of the Ordinance's effective date. This provision is designed to decrease the ability of a
gun owner to falsely claim that his or her gun was lost or stolen before the reporting requirement
went into effect.
There is an exception to the reporting requirements for 1) law enforcement officials engaged in
their official duties;2)members of the armed forces of the United States or the National Guard
while engaged in their official duties; and 3)Firearms dealers and manufacturers licensed under
federal and state law while engaged in the course and scope of their activities as licensees. The
exceptions for members of the armed forces and for firearms dealers are included to avoid any
possible claims that the requirements would be preempted by or duplicative of federal or state
law. The exception for law enforcement officials engaged in their official duties was included to
avoid any possible conflict with local law enforcement reporting policies.
2. Safe Storage of Handguns
Certain local jurisdictions are enacting safe storage ordinances to deter leaving unsecured
firearms in homes that may create an enhanced risk because children and other persons who are
not the lawful owner of a firearm, can obtain them and subsequently use them to cause a
dangerous accident or to perpetrate a crime. Guns kept in the home may be involved in an
unintentional shooting, criminal assault, or used in suicides and against family and friends. Safe
storage ordinances aim at keeping a firearm locked when it is not being carried to avoid access
and use by others without the owners' knowledge or permission.
Local jurisdictions, including Sunnyvale, Los Angeles, Santa Cruz, Oakland, and San Francisco,
have also considered and adopted requirements mandating that any firearm be kept securely in a
locked container or disabled with a trigger lock in any residence. These ordinances also provide
certain exceptions, including that the firearm does not need to be kept in safe storage if the
weapon is carried on a person over the age of 18.
The proposed safe storage requirement is modeled after the City of San Francisco's law,which
only applies to handguns and not to other types of firearms. San Francisco's ordinance was
challenged unsuccessfully, which led other jurisdictions to replicate its prohibition. However,
some jurisdictions, like Sunnyvale and Oakland, have adopted broader restrictions that require all
firearms, and not just handguns,to be secured when not being carried.
3. Prohibition of Laree Capacity Magazines
In 1994, Congress adopted a law prohibiting the transfer and possession of large capacity
magazines as part of the federal assault weapon ban. That law was enacted with a sunset clause,
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however,providing for its expiration after ten years. Congress allowed the federal ban to expire
on September 13,2004.
Since January 1,2000, California law has,with limited exceptions,prohibited any person from
manufacturing, importing into the state,keeping for sale, offering or exposing for sale, giving, or
lending any large capacity magazine. California does not currently ban the possession of large
capacity magazines, however.
Large capacity magazines can hold up to 100 rounds of ammunition, and magazines with a
capacity of more than 10 rounds of ammunition are generally considered to be "large capacity"
magazines. While large capacity magazines are typically associated with semi-automatic assault
weapons or machine guns, such devices are generally available for any semi-automatic firearm
that accepts a detachable magazine.
Large capacity magazines significantly increase a shooter's ability to injure and kill large
numbers of people quickly because they enable the shooter to fire repeatedly without needing to
reload.. The time required to reload can be critical in enabling victims to escape and law
enforcement or others to intervene.
In 2013,the City of Sunnyvale and the City and County of San Francisco both adopted
ordinances prohibiting the possession of large capacity magazines. A legal challenge to the
Sunnyvale ordinance was unsuccessful, and subsequently,the cities of Los Angeles and Oakland
enacted similar bans.
The Police Chief has reviewed and is supportive of all three proposed measures.
Zoning Text Amendments (Chapter 16)
Specific zoning text amendments proposed would add a definition for"firearms sales", add
"firearms sales"to the list of conditionally permitted uses in the Town's commercial zones,and
prohibit"firearms sales" as an allowable type of home occupation. The latter would effectively
prevent the sale of firearms and ammunition in residential zones.
The majority of non-firearms-related zoning text amendments are summarized as follows:
1)Amendments to clarify the relationship between"setbacks"and"yards"in the zoning
Ordinance. These terms were a subject of debate at a recent Town Council appeal hearing on a
design review approval. The amendments replace the generic term"yard" with the more specific
term"setback" in all relevant instances, including in graphic representations, and modify the
definitions accordingly. The proposed amendments reflect actual practice and interpretation over
the past several decades and do not constitute a change in that regard.
2)Amendments to categorically prohibit the sale and cultivation of marijuana in all zones,by
adding these uses to the list of"uses prohibited in all zones". The Town Council recently
adopted a resolution banning such uses (in response to a deadline created by State legislation)
based on the principle of"permissive zoning",but the superior practice is to specifically prohibit
the uses outright in the text of the ordinance. The proposed amendments would do so.
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3) Amendments to clarify the existing provisions regarding"use-for-use" changes in the
Neighborhood Commercial and Village Commercial zones by the addition of additional
explanatory text addressing the circumstances under which a conditional use permit would or
would not be required.
Attached Exhibit 2 contains the draft ordinance for the Chapter 32 amendments. Exhibit 3
contains the draft ordinance for the Chapter 16 amendments. Exhibit 4 depicts the proposed
Chapter 16 amendments in redline format so that they can be viewed in context. The Chapter 32
amendments are all additions to the chapter, such that no separate redline document is necessary.
Planning Commission Review and Recommendation
The Planning Commission reviewed the proposed Chapter 16 amendments at its regular meeting
of February 24, 2016. The Commission adopted Resolutions 2016-03 and 2016-04 (Exhibits 5
and 6)recommending approval of the zoning text amendments. The Commission was not
required to consider or make a recommendation regarding the proposed Chapter 32 amendments,
but was made aware of their nature, and was provided the minutes of the Town Council's
discussion on the topic at the Council's January 20,2016 meeting.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that the proposed amendments are exempt from further review
under the California Environmental Quality Act(CEQA)on the basis that they constitute Minor
Alterations in Land Use Limitations pursuant to CEQA Guidelines Section 15305, and that it can
be seen with certainty that the amendments have no potential to result in an adverse affect on the
environment pursuant to Section 15061(b)(3) of the CEQA Guidelines. The Town Council
would finalize this determination if it approves the amendments.
CORRESPONDENCE
As of the preparation of this report,no letters or other correspondence has been received
regarding the proposed amendments.
FISCAL EFFECTS
Staff foresees no direct fiscal impact from the adoption and implementation of these ordinances.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on the proposed municipal code amendments to Chapter 32 and
Chapter 16 and consider all testimony and correspondence received.
2. Deliberate on the proposed municipal code amendments, making any desired revisions.
3. Introduce the draft ordinance regarding the Chapter 32 amendments. The procedure would
be to move to read by title only,waiving any additional readings, and introduce the
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ordinance amending Title VI, Chapter 32 (Regulation of Firearms) of the Tiburon
Municipal Code. Hold a vote on passage of first reading by roll call vote. If the first
reading is passed,the ordinance will return for final adoption on a future consent calendar.
4. Introduce the draft ordinance regarding the Chapter 16 amendments. The procedure
would be to move to read by title only, waiving any additional readings, and introduce the
ordinance amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. Hold a
vote on passage of first reading by roll call vote. If the first reading is passed,the
ordinance will return for final adoption on a future consent calendar.
EXHIBITS
1. Excerpt of Town Council minutes of January 20, 2016 regarding firearms.
2. Draft Ordinance containing proposed Chapter 32 amendments.
3. Draft Ordinance containing proposed Chapter 16 amendments.
4. Redline of proposed Chapter 16 amendments.
5. Planning Commission Resolution No. 2016-03.
6. Planning Commission Resolution No. 2016-04.
Prepared by: Scott Anderson,Director of Community Development
Ben Stock,Town Attorney
TOWN OF TIBURON PAGE 6 OF 6
Town Manager Chanis confirmed the Town's [previously approved] contribution for the
current school year was $325,000;he said there would be a more precise number for the
upcoming fiscal year when the FY 2016-17 Operating Budget was presented to the Council.
Councilmember Doyle also concurred with O'Donnell's comments about the YBCP and his
recommendation to get Corte Madera and the County involved in the program. He said that
as a"kid"riding the bus,he found it to be a positive experience during the day; a break
between school and home.
Mayor Tollini said the numbers don't lie;that there had been a measurable reduction in
traffic as a result of the YBCP, as evidenced by the traffic studies. She applauded everyone's
efforts toward making the program a success.
Mayor Tollini said she,too,would support staff's recommendations,and asked for a motion to:
1. Reaffirm the Town's support of the Yellow Bus Challenge Program and continued
participation on the Yellow Bus Challenge 2.0 Committee and,
2. Review the Draft"Joint Powers Agreement to establish, operate and maintain a
school bus system to reduce traffic"and provide direction to the Town Manager,who
will work with representatives from Belvedere and the Reed Union School District to
finalize the document for Town Council consideration at the February 17, 2016 Town
Council meeting and,
3. Direct staff to include, for Town Council consideration, an appropriation in the Fiscal
Year 2016-2017 Town Operating Budget,to subsidize the Yellow Bus Challenge
program in School Year 2016-2017.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
3. Regulation of Firearms—Discussion of options for the Tiburon Town Council to consider
regarding amendments to Chapter 32 of the Town Code(Mayor Tollini/Vice Mayor Fraser)
Mayor Tollini said she was fully in support of Second Amendment rights. She said she had
asked staff to place a discussion of this item [Chapter 32] on the agenda so that the town
could weigh in against the kinds of guns used in recent crimes and mass shooting. She said
these events had created a"tipping point"between the rights of certain types of gun
ownership and public safety and welfare. She said that as a mother and a community leader,
she wants the Town to be at the forefront of this discussion and to take action in order to
make our community a safer place, and to send a message to County and State leaders.
In his staff report,Town Manager Chanis said that some local jurisdictions have begun
reviewing their regulations to determine whether there are additional measures that can be
enacted at aal local�level to address the increase in gun violence. He said that most California
Town Council Minutes#01-20!j J Page 10
T 'LTIBIT NO.-L
cities that have considered further regulation have focused on regulations in the following
areas:
1. Possession of large capacity magazines.
2. Reporting requirements for lost or stolen firearms.
3. Requirements for the safe storage of firearms.
4. Further regulating firearm dealers.
Chanis' report further analyzed these types of regulations. He also included copies
ordinances adopted by the City of San Francisco, City of Sunnyvale, and proposed state
legislation,the"Safety for All"initiative. He said staff would seek direction from the
Council as to any amendments to the Town Code it might want to consider, and if so, direct
staff to return with a draft amended ordinance.
Councilmember Fredericks asked whether it is possible to restrict certain types of business
activities in the town. Town Attorney Stock said that action would be impermissible;he said
the Town has to allow a location somewhere to sell firearms and ammunition. He said that it
could be made clear, however,that the location must be located in a commercial zone.
In referencing other legislation, Councilmember Fredericks asked if the State or Federal
regulations might preempt any changes to the Town Code.
Attorney Stock said that cases interpreting the Second Amendment indicated there was no
blanket prohibition. But he said that the State of California regulates multiple areas
involving firearms and has preempted discrete areas of gun regulation,including licensing of
firearms dealers.
Fredericks asked if the lists of dealers with permits, or permittees,would be a public
document. Town Attorney Stock said he would look into this question further.
Councilmember Fredericks asked if Lt. Governor Newsom's "Safety for All"initiative
passed, would it preempt all local control of the sale of firearms and ammunition.
Attorney Stock said that it would likely preempt several categories under consideration. He
said the initiative included sections on the regulation of large capacity magazines and lost and
stolen firearms,both of which were under discussion in the council's review of Chapter 32.
Attorney Stock added that a local jurisdiction could enact more stringent regulations if not
preempted.
Vice Mayor Fraser said he had been present in meetings with the Mayor and Town Attorney
that had included a local expert from the Law Center to Prevent Gun Violence on these types
of regulation. He said he was aligned with the Mayor in her desire to regulate large capacity
magazines,lost or stolen firearms, and possibly firearms dealers. He said he personally did
not want to see the people of Tiburon owning or selling large capacity weapons.
Town Council Minutes#01-2016 January 20, 2016 Page 11
Mayor Tollini opened the matter to public comment.
Supervisor Kate Sears expressed her support and appreciation to the Mayor for bringing this
matter forward. She said it would be fabulous if Tiburon was the first town to take action,
and it could provide a model for other cities, and the County of Marin. She said it was the
right way to go.
There being no further comment,the discussion returned to the Council.
Councilmember Fredericks said she,too,would support amendments to the Town Code. She
suggested writing a letter of support for Newsom's bill; also requesting that it be amended to
not usurp local control, if the Council thought it was important to make that statement.
Attorney Stock noted that if Newsom's initiative passed,the town would be unable to enact
stricter legislation on the areas covered under the initiative. Mayor Tollini said that the areas
under consideration in the Town's regulations tracked Newsom's bill.
Councilmember O'Donnell recalled the Sandy Hook school shooting that had taken place
during his term as mayor. He said that[former]New York Michael Mayor Bloomberg had,
with his own funds, formed an organization called"Mayors Against Illegal Firearms"which
O'Donnell had subsequently joined. After joining, O'Donnell said that Town was flooded
with public records requests and letters opposing gun regulation, and he said he had been
counseled at the time to be careful about joining larger initiatives outside of local control. He
said someone told him when he ran for office that local officials should concentrate on the 4
P's: Police,Potholes, Policy and Parks (or programs).
O'Donnell said that he understood the symbolic nature of strengthening regulations but he
advised a cautious approach to avoid any legal issues. He said that President Obama had
spoken eloquently about gun regulation. He said he would be in favor of supporting
legislation, such as the Lt. Governor's initiative,rather than adopt a"symbolic" local
ordinance. However,he said he would support the majority vote on this matter.
Councilmember Doyle reiterated his belief that legislation should not be adopted to regulate
the"lowest common denominator". He said it was common sense to track lost or stolen
firearms, and to regulate large capacity magazines, and that he would support local regulation
for its symbolic purposes. He commented that Tiburon was not Montana where, for instance,
one can purchase firearms at the local WalMart. But he said the Town should"not make a
big deal"about regulating firearms.
Vice Mayor Fraser said he agreed that the Town should proceed cautiously on this issue but
said that the symbolic nature of it was important.
Vice Mayor Fraser and Councilmember Doyle said they also concurred with the
recommendation to send a letter of support to Newsom for his "Safety for All" initiative.
Town Council Minutes#01-2016 January 20, 2016 Page 12
Mayor Tollini said she was encouraged by a conversation with the Chief of Police who had
told her that anything the Town could do to get even one large capacity magazine off the
street would be moving in the right direction. She said she would like to build a coalition of
cities in the County who were interested in doing so.
Tollini went on to say that after the 101 California shooting, locals activists banned together
and used their influence to recommend stricter firearms regulations,which were now State
law. She said she wanted to send a letter of support for"Safety for All", as well as consider
amendments to local regulations.
Councilmember Fredericks said that she and the seated Mayor [Mayor Tollini] comprised the
Town's ad hoc legislative subcommittee, and they might write the letter on behalf of the
Council.
MOTION: To direct staff to prepare amendments to Chapter 16 (Zoning) and Chapter 32
(Regulation of Firearms) of the Town Code for Council's future consideration;
and send a letter of support to Lt. Governor Newsom for his"Safety for All"
initiative.
Moved: Fredericks, seconded by Doyle
Vote: AYES: Unanimous
RUBLIC BEARINGS
1. 145 Ragcho Drive—Request to amend Cypress Hollow Precise Development Plan(PD#45)
to create secondary building envelope(Community Development Department)
Owners/Applicants: Rapport Investment Group,LLC
Assessor Parcel No.: 034-392-10
Senior Planner Watrous summarized'the application in the staff report, and noted the Planning
Commission's approval and recommenda 'on to approve the amendment. There were no
additional questions or comments frorrrthe Council.
Mayor Tollini opened the,public hearing. There was public comment. Mayor Tollini closed
the public hearing.
MOTION: - To adopt the resolution approving the precise plan dment as written.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
Town Council Minutes 901-2016 January 20, 2016 Page 13
1 ORDINANCE NO. XXX N. S.
2
3 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
4 AMENDING MUNICIPAL CODE TITLE VI, CHAPTER 32 (REGULATION OF
5 FIREARMS) TO REGULATE FIREARMS STORAGE,REQUIRE THE REPORTING
6 OF LOSS OR THEFT OF FIREARMS,AND BAN THE POSSESSION OF LARGE
7 CAPACITY MAGAZINES
8 SECTION 1. FINDINGS.
9 (1) The Town Council finds as follows:
10 A. In 2011, 2,928 people died from firearm-related injuries in California and 2,884
11 other people were hospitalized for non-fatal gunshot wounds;
12 B. In 2011, 1,356 homicides were committed with a firearm in California—337 of
13 those victims were under the age of 21;
14 C. Federal and California law require licensed firearms dealers to report the loss or
15 theft of firearms to law enforcement within 48 hours;
16 D. When a crime gun is traced by law enforcement to the last purchaser of record,
17 the owner may falsely claim that the gun was lost or stolen to hide his or her involvement
is in the crime or in gun trafficking. Reporting laws provide a tool for law enforcement to
19 detect this behavior and charge criminals who engage in it;
20 E. Existing reporting laws, like California's requirements that firearms dealers report
21 the loss or theft of firearms and that motorists report serious automobile accidents to the
22 Department of Motor Vehicles, demonstrate that reporting laws are not unduly
23 burdensome. Moreover, the highly lethal nature of firearms justifies an increased level of
24 responsibility over that required for ownership of other, less dangerous products;
25 G. Reporting laws protect gun owners from unwarranted criminal accusations when
26 their guns are recovered at a crime scene, and make it easier for law enforcement to
27 locate a lost or stolen firearm and return it to its lawful owner;
28 H. The extreme danger firearms pose to public safety requires a heightened level of
29 accountability on the part of individuals who choose to own firearms. Reporting laws
30 make gun owners more accountable for their weapons;
31 1. Data from the U.S. Department of Justice Bureau of Alcohol,Tobacco,Firearms,
32 and Explosives indicate that more than 173,000 guns were reported lost or stolen by
33 persons other than federally licensed dealers in 2012. Survey research indicates that at
34 least 500,000 firearms are stolen annually from residences, however. This discrepancy
35 shows that most lost or stolen firearms are not reported;
36 J. Many stolen guns are used to commit other crimes. A U.S. Department of the
37 Treasury study revealed that nearly a quarter of ATF gun trafficking investigations
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38 involved stolen firearms and were associated with over 11,000 trafficked firearms—
39 including 10 percent of the investigations which involved guns stolen from residences;
40 K. Neither federal nor California law contains any requirement that firearm owners
41 report lost or stolen firearms;
42 L. Several local governments in California already require the reporting of lost or
43 stolen firearms, including San Francisco, Sacramento, Oakland, Berkeley, Los Angeles,
44 West Hollywood, Thousand Oaks, Simi Valley and Port Hueneme. Local ordinances
45 often serve as catalysts for statewide policies;
46 M. Laws requiring the reporting of lost and stolen firearms are associated with a
47 reduction in gun trafficking. One study found that states without mandatory lost or stolen
48 reporting laws export two and a half times more crime guns across state lines than
49 jurisdictions with such laws;
50 N. In International Association of Chiefs of Police(IACP), Taking a Stand:
51 Reducing Gun Violence in Our Communities 16,p. 22 (Sept. 2007), The International
52 Association of Chiefs of Police states, "law enforcement's early awareness of every lost
53 and stolen gun will enhance their ability to recover those guns and reduce gun violence."
54 The report recommends that state and local governments mandate reporting of lost or
55 stolen firearms;
56 O. Having a loaded or unlocked gun in the home is associated with an increased risk
57 of gun-related injury and death.
58 1. A firearm stored loaded or unlocked increases the risk of an accidental shooting.
59 2. All United States case control studies (12 to date) have found that people who die
60 by suicide are more likely to have lived in a home with a gun than similar people who did
61 not die by suicide. Studies have also shown that the risk of suicide increases in homes
62 where guns are kept loaded or unlocked.
63 3. A 2007 study compared the 40 million people who live in the states with the
64 lowest firearm prevalence(Hawaii, Massachusetts, Rhode Island,New Hampshire,
65 Connecticut, and New York)to about the same number living in the states with the
66 highest firearm prevalence (Wyoming, South Dakota, Alaska, West Virginia, Montana,
67 Arkansas, Mississippi, Iowa,North Dakota,Alabama,Kentucky, Wisconsin, Louisiana,
68 Tennessee, and Utah). Although non-firearm suicides were about equal in the two
69 groups,total suicides were almost twice as high in the high-gun states.
70 P. Children are particularly at risk of injury and death, or causing injury and death,
71 when they can access guns in their own homes or homes that they visit.
72 1. The authors of a 2005 study found that an estimated 1.69 million children age 18
73 and under are living in households with loaded and unlocked firearms.Many young
74 children, including children as young as three years old, are strong enough to fire
75 handguns.
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76 2. A significant majority of the guns used in youth suicide attempts and
77 unintentional injuries were stored in the residence of the victim, a relative, or a friend. Of
78 youths who died by firearm suicide,the vast majority used a family member's gun,
79 usually a parent's. And more than two thirds of school shooters obtained their gun(s)from
80 their own home or that of a relative.
81 3. Quick access to loaded firearms heightens the risk that a young person's impulsive
82 decision to commit suicide will be carried out without reflection or seeking help, and that
83 the impulsive attempt will be fatal. One third of youths who died by suicide had faced a
84 crisis within the previous 24 hours.Among people who nearly died in a suicide attempt,
85 almost a quarter indicated that fewer than five minutes had passed between deciding on
86 suicide and making the attempt. While fewer than 10 percent of suicide attempts by other
87 means are fatal, at least 85 percent of firearm suicide attempts end in death.
88 Q. Guns kept in the home are most often used in suicides and against family and
89 friends rather than in self-defense.
90 1. Guns kept in a home are more likely to be involved in an unintentional shooting,
91 criminal assault, or suicide attempt than to kill or injure in self-defense.
92 2. Only one in ten firearm homicides in the shooter's home is considered justifiable,
93 meaning the shooter was not the assailant. Of every ten firearm homicide victims killed at
94 the shooter's residence, six were intimate partners or family members of the shooter,three
95 were friends or acquaintances of the shooter, and only one was a stranger to the shooter.
96 R. Applying trigger locks or using lock boxes when storing firearms in the home
97 reduces the risk of firearm injury and death.
98 1. Keeping a firearm locked when it is not being carried ensures that it cannot be
99 accessed and used by others without the owner's knowledge or permission. This simple
100 measure significantly decreases the risk that the gun will be used to commit suicide,
101 homicide, or inflict injury, whether intentionally or unintentionally.
102 2. Safe storage measures have a demonstrated protective effect in homes with
103 children and teenagers where guns are stored.
104 S. There is a wide consensus among medical professionals, police chiefs, gun
105 control advocates and gun rights groups that applying trigger locks or using lock boxes to
106 store unsupervised guns in the home promotes health and safety.
107 1. The International Association of Chiefs of Police recommends that state and local
108 governments mandate safe storage of firearms.
109 2. The American Academy of Pediatrics recommends that if families must have
110 firearms in their homes,the firearms should be stored locked, unloaded, and separate
111 from locked ammunition.
112 3. Both gun control and gun rights advocates endorse the use of locking devices
113 when storing guns to ensure that unauthorized or untrained persons cannot use the gun to
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114 inflict injury or death. For example, the National Rifle Association's Home Firearm
115 Safety Handbook, developed and used as part of the National Rifle Association(NRA)
116 Basic Firearm Training Program, emphasizes that there is one general rule that must be
117 applied under all conditions: "Store guns so they are not accessible to untrained or
118 unauthorized persons." The NRA Guide To The Basics Of Personal Protection In The
119 Home further explains that "all storage methods designed to prevent unauthorized access
120 utilize some sort of locking method."
121 T. Requiring stored unsupervised firearms to be secured with trigger locks or in a
122 locked container does not substantially burden the right or ability to use firearms for self-
123 defense in the home.
124 1. The locking requirements apply only to handguns that are not being carried. Gun
125 owners and adults over 18 may carry loaded and unlocked handguns in the home at any
126 time. The safe storage requirements also permit owners who wish to do so to store their
127 handguns fully loaded.
128 2. Gun security does not preclude quick access. For example, affordable lockboxes
129 using Simplex-type locks, which pop open immediately when several keys or push
130 buttons are touched in a preset sequence, are widely available. Users report that they can
131 retrieve a loaded weapon in just two to three seconds, and that the locks are also easy to
132 open in the dark. The NRA describes this type of lockbox as providing "a good
133 combination of security and quick access." Some lockboxes also feature biometric locks,
134 which provide immediate access when they scan the owner's fingerprint.
135 3. Portable lockboxes can store loaded weapons such that they are always within
136 easy reach on counters,tables or nightstands. Such safely stored weapons are more
137 quickly and easily retrieved for use in self-defense than unlocked guns that have been
138 hidden away in seldom-used locations.
139 U. Large capacity magazines, some of which can hold up to 100 rounds of
140 ammunition, significantly increase a shooter's ability to injure and kill large numbers of
141 people quickly because they enable the shooter to fire repeatedly without needing to
142 reload. The time required to reload can be critical in enabling victims to escape and law
143 enforcement or others to intervene;
144 V. Magazines with a capacity of more than 10 rounds of ammunition are generally
145 considered to be"large capacity"magazines, although the statutory definitions vary.
146 While large capacity magazines are typically associated with semi-automatic assault
147 weapons or machine guns, such devices are generally available for any semi-automatic
148 firearm that accepts a detachable magazine;
149 W. Large capacity ammunition magazines are the common thread uniting all of the
150 high-profile mass shootings in America. In Newtown, Connecticut,the shooter equipped
151 his assault weapon with 30-round magazines,which enabled him to fire 154 rounds in
152 less than five minutes. The gunman in Tucson in 2011 used a handgun equipped with a
153 33-round magazine, and was only tackled when he stopped to reload his weapon;
Town of Tiburon Ordinance No. XXX N. S. Public Hearing Draft --/--/2016 Page 14
154 X. Large capacity magazines were also used in the assault weapons massacres in
155 Aurora, Columbine, Fort Hood, and at 101 California Street in San Francisco. Moreover,
156 the shooter who killed 67 people at a summer camp in Norway in 2011 stated in his
157 written manifesto that he purchased 30-round ammunition magazines via mail order from
158 a dealer in the United States;
159 Y. A review of 62 mass shootings between 1982 and 2012 by Mother Jones
160 magazine found that large capacity ammunition magazines were recovered in fifty
161 percent of them. A review of mass shootings between January 2009 and January 2013 by
162 Mayors Against Illegal Guns found that incidents where assault weapons or large
163 capacity ammunition magazines were used resulted in 135%more people shot and 57%
164 more killed, compared to other mass shootings;
165 Z. Large capacity magazines are a relatively new phenomenon. Prior to the 1980s,
166 the most popular handgun design was the revolver,but, during the 1980s, the firearms
167 industry shifted design and marketing toward high-capacity semiautomatic pistols. In
168 1980, semiautomatic pistols accounted for only 32% of the 2.3 million handguns
169 produced in America. By 2008,however, such pistols accounted for 76% of the 1.8
170 million handguns produced that year;
171 AA. Bans on large capacity ammunition magazines are often adopted in concert with
172 bans on assault weapons. However, large capacity ammunition magazine bans reduce the
173 capacity, and thus the potential lethality, of any firearm that can accept a large capacity
174 ammunition magazine, including a firearm that is not an assault weapon. Crime data also
175 suggests that a ban on large capacity magazines would have a greater impact on gun
176 crime than a ban on assault weapons alone;
177 BB. Polling consistently shows that a strong majority of Americans support laws
178 banning large capacity ammunition magazines. In a 2012 survey for CNN, 62% of those
179 polled supported such laws;
180 CC. In 1994, in recognition of the dangers posed by these devices, Congress adopted a
181 law prohibiting the transfer and possession of large capacity magazines as part of the
182 federal assault weapon ban. (Violent Crime Control and Law Enforcement Act of 1994,
183 P.L. 103-322, codified at: 18 U.S.C. §§ 921(a)(31), 922(w)(1), (2).) That law was
184 enacted with a sunset clause, however,providing for its expiration after ten years.
185 Despite overwhelming public support for the law, Congress allowed the federal ban to
186 expire on September 13, 2004;
187 DD. A researcher hired by the U.S. Department of Justice to analyze the effect of the
188 1994 federal ban on assault weapons (AWs) and large capacity magazines (LCMs) found
189 that, "attacks with semiautomatics including AWs and other semiautomatics equipped
190 with LCMs result in more shots fired, more persons hit, and more wounds inflicted per
191 victim than do attacks with other firearms."
192 EE. A study that analyzed data kept by the Virginia State Police found a clear decline
193 in the percentage of crime guns that were equipped with large capacity ammunition
194 magazines after the federal ban was enacted. (About the Project: The Hidden Life of
Town of Tiburon Ordinance No.XXX N.S. Public Hearing Draft --/--/2016 Page 15
195 Guns, Wash. Post,Jan. 22, 2011; David S. Fallis & James V. Grimaldi, Virginia Data
196 Show Drop in Criminal Firepower during Assault Gun Ban, Wash. Post,Jan. 23,2011.)
197 The percentage reached a low of 10% in 2004 and then steadily climbed after Congress
198 allowed the ban to expire; by 2010,the percentage was close to 22%;
199 FF. Since the end of the federal ban, the Los Angeles Police Department has
200 recovered significantly greater numbers of large capacity ammunition magazines,from
201 38 in 2003 to anywhere from 151 to 940 each year between 2004 and 2010. (Citizens
202 Crime Commission of New York City, Press Release,NYC&LA City Councils Introduce
203 Rezo for Federal Ban On Large Capacity Ammunition Magazines (Mar. 2, 2011), at
204 http://www.nycrimecommission.org/pdfs/CrimeCmsnNYCLACouncils.pdf.);
205 GG. Since January 1, 2000, California law has, with limited exceptions,prohibited the
206 manufacture, importation into the state,keeping for sale, offering or exposing for sale,
207 giving, or lending of large capacity magazines (Cal. Penal Code §§ 3 213 0, 16590, 17700-
208 17745, 32315, 32400-32450; Cal. Code Regs. tit. 11, §§ 5480—5484), and declares any
209 large capacity magazine a"nuisance" subject to confiscation and summary destruction.
210 The attorney general, district attorneys and city attorneys may seek an injunction against
211 the possession of these magazines, with criminal penalties available for violation of the
212 injunction under certain circumstances. (Cal. Penal Code §§ 166, 18010.) California law
213 does not, however, generally prohibit the possession of large capacity magazines,and this
214 gap in the law threatens public safety;
215 HE Laws banning large capacity magazines are consistent with the Supreme Court's
216 interpretation of the Second Amendment. In the 2008 ruling in District of Columbia v.
217 Heller, the United States Supreme Court stated for the first time that the Second
218 Amendment protects a law-abiding citizen's right to possess an operable handgun in the
219 home for self-defense. (District of Columbia v. Heller, 554 U.S. 570 (2008).) The Court
220 noted,however,that the right is limited. Among other limitations,the Court recognized
221 that the Second Amendment would not preclude banning"dangerous and unusual
222 weapons";
223 II. Seven states (Colorado, Connecticut, Hawaii,Maryland, Massachusetts,New
224 York and New Jersey) already prohibit the possession of large capacity magazines. Cook
225 County, Illinois has also enacted an ordinance of this type. Federal district courts in
226 Connecticut and New York have held that these laws do not violate the Second
227 Amendment, and cases raising similar claims are still pending in Colorado, Illinois, and
228 Maryland;
229 JJ. In 2013,the City of Sunnyvale and the City and County of San Francisco both
230 adopted ordinances prohibiting the possession of large capacity magazines.
231 (2) Accordingly,the Town Council finds and declares that the purposes of this ordinance are
232 to preserve the peace and protect the public health, safety and general welfare of the
233 residents of the Town by reducing firearms related injuries and crime.
234 (3) The Town Council further finds it is within its basic police power to implement and
235 enforce the provisions of this ordinance.
Town of Tiburon Ordinance No. XXX N. S. Public Hearing Draft --/—/2016 Page 16
236 (4) The Town Council finds that the amendments adopted herein are exempt from review
237 under the California Environmental Quality Act(CEQA)pursuant to Sections 15305 and
238 15061(b)(3) of the CEQA Guidelines. The amendments constitute minor alterations in
239 land use limitations and it can be seen with certainty that there is no potential for a
240 significant effect on the environment as a result of the amendments.
241
242 SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE FOR
243 REPORTING LOSS OR THEFT OF FIREARMS.
244 A. Title VI, Chapter 32, Section 32-27 is added to the Tiburon Municipal Code as follows:
245 32-27—Reporting of Loss or Theft of Firearm
246 It is unlawful for any person to fail to report to the Police Department the theft or loss of
247 a firearm he or she owns or possesses within forty-eight(48) hours of the time he or she
248 knew or reasonably should have known that the firearm has been stolen or lost,if the
249 person resides in the Town or the loss or theft occurs in the Town.
250 After [insert date 60 days after the effective date of this ordinance], it is unlawful for any
251 person to fail to report to the Police Department the theft or loss of a firearm he or she
252 owned or possessed within the five years prior to [insert the effective date of this
253 ordinance] if the person resided in the Town at the time of the loss or theft,or the loss or
254 theft occurred in the Town, unless the firearm has been recovered.
255 Pursuant to California Penal Code § 11108,the Chief of Police shall submit a description
256 of each firearm that has been reported lost or stolen directly to the California Department
257 of Justice automated property system for firearms.
258 B. Title VI, Chapter 32, Section 32-28 is added to the Tiburon Municipal Code as follows:
259 32-28 —Exceptions to Reporting of Loss or Theft of Firearm
260 Section 32-27 shall not apply to the following persons:
261 (a) Law enforcement officials while engaged in their official duties;
262 (b) Members of the Armed Forces of the United States or the National Guard while
263 engaged in their official duties;
264 (c) Firearms dealers and manufacturers licensed under federal and state law while
265 engaged in the course and scope of their activities as licensees.
266 C. Title VI, Chapter 32, Section 32-29 is added to the Tiburon Municipal Code as follows:
267 32-29—Penalty for Failing to Report Loss or Theft of Firearm
268 (a) Any person violating Section 32-27 is guilty of a misdemeanor;
Town of Tiburon Ordinance No.XXX N.S. Public Hearing Draft --/--/2016 Page 7
269 (b) Any person who reports to any law enforcement officer,pursuant to Section 32-
270 27 of this Chapter that a firearm has been lost or stolen,knowing the report to be false, is
271 guilty of a misdemeanor.
272
273 SECTION 3. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE REGULATING
274 HANDGUN STORAGE.
275 A. Title VI, Chapter 32, Section 32-30 is added to the Tiburon Municipal Code as follows:
276 32-30—Required Storage of Handgun in Residence
277 No person shall keep a handgun within a residence owned or controlled by that person
278 unless the handgun is stored in a locked container or disabled with a trigger lock that has
279 been approved by the California Department of Justice.
28o B. Title VI, Chapter 32, Section 32-31 is added to the Tiburon Municipal Code as follows:
281 32-31 —Definitions Related to Handgun Storage Requirements
282 (a) "Residence." As used in this Section, "residence" is any structure intended or used
283 for human habitation including but not limited to houses, condominiums, rooms,in-law
284 units, motels,hotels,time-shares,recreational and other vehicles where human habitation
285 occurs.
286 (b) "Locked container." As used in this Section, "locked container" means a secure
287 container that is fully enclosed and locked by a padlock,key lock, combination lock or
288 similar locking device.
289 (c) "Handgun." As used in this Section, "handgun" means any pistol,revolver,or
290 other firearm that is capable of being concealed upon the person, designed to be used as a
291 weapon, capable of expelling a projectile by the force of any explosion or other form of
292 combustion, and has a barrel less than 16 inches in length.
293 (d) "Trigger lock."As used in this Section, a"trigger lock" means a trigger lock that
294 is listed in the California Department of Justice's list of approved firearms safety devices
295 and that is identified as appropriate for that handgun by reference to either the
296 manufacturer and model of the handgun or to the physical characteristics of the hand gun
297 that match those listed on the roster for use with the device under California Penal Code
298 Section 12088(d).
299 C. Title VI, Chapter 32, Section 32-32 is added to the Tiburon Municipal Code as follows:
300 32-32—Exceptions to Handgun Storage Requirements Set Forth in Section 32-30
301 Section 32-31 shall not apply in the following circumstances:
302 (a) The handgun is carried on the person of an individual over the age of 18.
Town of Tiburon Ordinance No.XXX N.S. Public Hearing Draft --/--/2016 Page 18
303 (b) The handgun is under the control of a person who is a peace officer under
304 California Penal Code Section 830.
305 D. Title VI, Chapter 32, Section 32-33 is added to the Tiburon Municipal Code as follows:
306 32-33 —Penalty for Failing to Properly Store Handgun in Residence
307 Every violation of Section 32-30 shall constitute a misdemeanor and upon conviction
308 shall be punished by a fine not to exceed$1,000.00 or by imprisonment in the county jail
309 not to exceed six months, or by both.
310
311 SECTION 4. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE TO BAN THE
312 POSSESSION OF LARGE CAPACITY MAGAZINES.
313 A. Title Vl, Chapter 32, Section 32-34 is added to the Tiburon Municipal Code as follows:
314 32-34 -Definition of Large Capacity Magazine
315 "Large capacity magazine"means any detachable ammunition feeding device with
316 the capacity to accept more than 10 rounds,but shall not be construed to include
317 any of the following:
318 (a) A feeding device that has been permanently altered so that it cannot
319 accommodate more than 10 rounds;
320 (b) A .22 caliber tube ammunition feeding device; or
321 (c) A tubular magazine that is contained in a lever-action firearm.
322 B. Title VI, Chapter 32, Section 32-35 is added to the Tiburon Municipal Code as
323 follows:
324 32-35 -Prohibition on Possession of Large Capacity Magazines
325 (a) No person, corporation, or other entity in the Town may possess a large capacity
326 magazine.
327 (b) Any person who,prior to [insert the effective date of this ordinance], was legally
328 in possession of a large capacity magazine shall have until [insert date 90 days after the
329 effective date of this ordinance] to do either of the following without being subject to
330 prosecution:
331 (1) Remove the large capacity magazine from the Town;
332 (2) Surrender the large capacity magazine to the Police Department for
333 destruction; or
334 (3) Sell or transfer the large capacity magazine lawfully in accordance
335 with Part 6 of the California Penal Code.
Town of Tiburon Ordinance No.XXX N.S. Public Hearing Draft --/—/2016 Page 19
336 C. Title VI, Chapter 32, Section 32-36 is added to the Tiburon Municipal Code as
337 follows:
338 32-36 -Exceptions to Prohibition on Possession of Large Capacity Magazines
339 Section 32-35 shall not apply to the following:
340 (a) Any government officer, agent, or employee,member of the armed forces
341 of the United States, or peace officer,to the extent that such person is otherwise
342 authorized to possess a large capacity magazine, and does so while acting within
343 the scope of his or her duties;
344 (b) A person licensed pursuant to California Penal Code §§ 26500-26915;
345 (c) A gunsmith for the purposes of maintenance,repair or modification of the
346 large capacity magazine;
347 (d) Any entity that operates an armored vehicle business pursuant to the laws
348 of the state, and an authorized employee of such entity, while in the course and
349 scope of his or her employment for purposes that pertain to the entity's armored
350 vehicle business;
351 (e) Any person, corporation or other entity that manufactures the large capacity
352 magazine for a person mentioned in subsection (a) or for export pursuant to
353 applicable federal regulations;
354 (f) Any person using the large capacity magazine solely as a prop for a motion
355 picture, television or video production, or entertainment event;
356 (g) Any holder of a special weapons permit issued pursuant to California Penal
357 Code §§ 18900, 31000, 32650, 32700-32720,or 33300, in accordance with the
358 terms of the permit;
359 (h) Any person issued a permit pursuant to California Penal Code § 32315 by
360 the California Department of Justice upon a showing of good cause for the
361 possession, transportation, or sale of large capacity magazines between a person
362 licensed pursuant to California Penal Code §§ 26500-26915 and an out-of-state.
363 client, when those activities are in accordance with the terms and conditions of that
364 permit;
365 (i) Any federal, state or local historical society,museum, or institutional
366 collection which is open to the public,provided that the large capacity magazine is
367 properly housed, secured from unauthorized handling, and unloaded;
368 0) Any person who finds the large capacity magazine, if the person is not
369 prohibited from possessing firearms or ammunition pursuant to federal or state
370 law, and the person possesses the large capacity magazine no longer than is
371 necessary to deliver or transport the same to a law enforcement agency for that
372 agency's disposition according to law;
Town of Tiburon Ordinance No. XXX N. S. Public Hearing Draft --/--/2016 Page 10
373 (k) A forensic laboratory or any authorized agent or employee thereof in the
374 course and scope of his or her authorized activities;
375 (1) Any person in the business of selling or transferring large capacity
376 magazines in accordance with Part 6 of the California Penal Code,who is in
377 possession of a large capacity magazine solely for the purpose of doing so; or
378 (m) Any person lawfully in possession of a firearm that the person obtained
379 prior to January 1,2000 if no magazine that holds 10 or less rounds of ammunition
380 is compatible with that firearm and the person possesses the large capacity
381 magazine solely for use with that firearm.
382 D. Title VI, Chapter 32, Section 32-37 is added to the Tiburon Municipal Code as
383 follows:
384 32-37 -Penalty for Possession of Large Capacity Magazines in Violation of
385 Section 32-35
386 Any person violating Section 32-35 is guilty of a misdemeanor.
387
388 SECTION 5. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE
389 REGARDING SEVERABILITY.
390 Title VI, Chapter 32, Section 32-38 is added to the Tiburon Municipal Code as follows:
391 32-38 - Severability
392 If any section, subsection, sentence or clause of this Chapter is for any reason
393 declared unconstitutional or invalid or unenforceable by any court of competent
394 jurisdiction, such decision shall not affect the validity or the enforceability of the
395 remaining portions of this Chapter or any part thereof. The Town Council of the
396 Town of Tiburon hereby declares that it would have adopted this Chapter
397 notwithstanding the unconstitutionality, invalidity or unenforceability of any one
398 or more of its sections, subsections, sentences or clauses.
399
400 SECTION 6. PUBLICATION AND EFFECTIVE DATE.
401 This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
402 Pursuant to the provisions of the California Government Code,a summary of this ordinance shall
403 be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
404 which adoption of the ordinance is scheduled,the Town Clerk shall (1)publish the summary in a
405 newspaper of general circulation in the Town of Tiburon, and (2)post in the office of the Town
406 Clerk a certified copy of this ordinance. Within fifteen(15) days after the adoption of this
407 ordinance,the Town Clerk shall (1)publish the summary in a newspaper of general circulation in
Town of Tiburon Ordinance No.XXX N.S. Public Hearing Draft --/--/2016 Page 111
408 the Town of Tiburon, and(2)post in the office of the Town Clerk a certified copy of the
409 ordinance along with the names of those Council members voting for and against the ordinance.
410 This ordinance was introduced at a regular meeting of the Town Council of the Town of
411 Tiburon on , 2016, and was adopted at a regular meeting of the Town
412 Council of the Town of Tiburon on 2016,by the following vote:
413
414 AYES: COUNCILMEMBERS:
415 NAYS: COUNCILMEMBERS:
416 ABSENT: COUNCILMEMBERS:
417
418
419 ERIN TOLLINI, MAYOR
420 Town of Tiburon
421 ATTEST:
422
423
424 DIANE CRANE-IACOPI, TOWN CLERK
Town of Tiburon Ordinance No.XXX N. S. Public Hearing Draft —/--/2016 Page 12
1 ORDINANCE NO. XX-2016 N. S.
2
3 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
4 AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) REGARDING
5 SETBACKS,YARDS,MARIJUANA SALE AND CULTIVATION, USE-FOR-USE
6 CHANGES, FIREARMS-RELATED REGULATIONS,AND OTHER
7 MISCELLANEOUS AMENDMENTS
8
9
to SECTION 1. FINDINGS.
11
12 A. On February 24, 2016, the Planning Commission adopted Resolution No. 2016-04
13 recommending to the Town Council that various text amendments be made to Title IV,
14 Chapter 16 (Zoning)of the Tiburon Municipal Code.
15 B. The Town Council held a duly noticed public hearing on 2016, and has
16 heard and considered all public testimony on the proposed Ordinance.
17 C. The Town Council finds that all notices and procedures required by law attendant to the
18 adoption of this Ordinance have been followed.
19 D. The Town Council finds that the amendment actions made by this Ordinance are
20 necessary for the protection of the public health, safety, and welfare and to comply with
21 federal law.
22 E. The Town Council has found that the amendments made by this Ordinance are consistent
23 with the goals and polices of the Tiburon General Plan and other adopted ordinances and
24 regulations of the Town of Tiburon, and further the intent and purposes of General Plan
25 goals and policies.
26 F. The Town Council finds that adoption of this ordinance is exempt from the requirements
27 of the California Environmental Quality Act(CEQA)pursuant to Section 15305 (Minor
28 Alterations to Land Use Limitations) of the CEQA Guidelines, as well as Section
29 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that the text
30 amendments will not result in a significant adverse effect on the environment.
31 SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
32
33 (A) Title IV, Chapter 16, Section 16-10.050D.2. of the Tiburon Municipal Code is
34 amended to read as follows:
35 2. Development standards. The proposed use of land or structure shall satisfy all
36 applicable requirements of this chapter, including, but not limited to,minimum lot
37 area,height limits,required setbacks,residential density, lot coverage, and floor area
38 limits; and
39
I I11BI T N0.
Town of Tiburon Ordinance No.xxx N.S. Effective—1--12016 Page 1
40 (B) Title IV, Chapter 16, Section 16-21.020B.1 of the Tiburon Municipal Code is
41 amended to read as follows:
42 1. R-1-B-A (Bel Aire single-family residential) zone. The R-1-B-A zone serves the
43 same purpose as the R-1 zone but is intended to reflect the different front and side
44 setbacks historically found in the Bel Aire Estates neighborhood. The principal uses,
45 conditional uses, and development standards for the R-1-B-A zone shall be the same as
46 the R-1 zone with the exception of the front and side setbacks established in section
47 16-21.040 (residential zones development standards).
48
49 (C) Title IV, Chapter 16, Section 16-21.020B.2 of the Tiburon Municipal Code is
50 amended to read as follows:
51 2. R-1-B-2 (modified single-family residential)zone. The R-1-B-2 zone serves the
52 same purpose as the R-1 zone but is intended to reflect the different front and side
53 setbacks with which the properties were developed. The principal uses, conditional
54 uses, and the development standards for the R-1-B-2 zone shall be the same as the R-1
55 zone with the exception of the front and side setbacks established in section 16-21.040
56 (residential zones development standards).
57
58 (D) Title IV, Chapter 16, Section 16-30.030C of the Tiburon Municipal Code is amended
59 to read as follows:
60 C. Measurement of setbacks. Required setbacks shall be measured horizontally from
61 the front, side or rear property line as appropriate to the measurement, to a line parallel
62 thereto at the minimum distance specified in Article II for the zone in which the
63 property is located. On a site that is not rectangular or approximately rectangular in
64 shape, required setbacks shall be determined by the director, and a record of such
65 determination kept in the town building file.
66
Town of Tiburon Ordinance No.xxx N.S. Effective--1--12016 Page / 2
Rear Lot Line
Rear Setback
-------r------------------------------------ -
;
t ,
t ,
i
i
i
t ,
t
Zo
Lot area not
located in the
required
setbacks
t
t ,
t ,
t ,
t ,
t ,
Front Setback
60'
Front Lot Line
street Centerline
Figure 3.1.Setbacks(Example using R-1 zone setbacks)
65
Town of Tiburon Ordinance No.xxx N. S. Effective--1--12016 Page 3
66
67 (E) Title IV, Chapter 16, Section 16-30.030E.1 of the Tiburon Municipal Code is amended
68 to read as follows:
69 1. Accessory structures. Required front and side setbacks shall not be used for the
70 placement or erection of any accessory building in any zone. Detached accessory
71 buildings not exceeding twelve feet in height may be located on a rear setback,
72 provided that such buildings do not occupy more than twenty-five percent of the
73 area of the rear setback. Swimming pools and spas may also be located on a rear
74 setback,but not within a front setback or side setback.
75
76 (F) Title IV, Chapter 16, Section 16-30.030E.5.c of the Tiburon Municipal Code is
77 deleted.
78
79 (G) Title IV, Chapter 16, Section 16-30.030G of the Tiburon Municipal Code is amended
80 to read as follows:
81 G. Restrictions on the use of front setbacks in residential zones. In any residential
82 zone, a front setback shall not be used for the storage of junk materials as described
83 in article X (Definitions) under the definition of"junkyard."
84
85 (II) Title IV, Chapter 16, Section 16-30.040B.2.a.iii of the Tiburon Municipal Code is
86 amended to read as follows:
87 iii. The fence and/or wall would have a maximum height of six feet on the upper
88 side of the structure; and a maximum height on the lower side of the structure of
89 six feet plus the difference in surface elevation between the adjoining property at
90 the property line,but in no instance more than nine feet;
91
92 (I) Title IV, Chapter 16, Section 16-30.100B of the Tiburon Municipal Code is amended
93 to read as follows:
94 B. The area of such lots that is below the mean high tide line shall not be used in
95 the determination of lot coverage, floor area ratio, or any other land and structure
96 regulation of the zone in which it is located,but submerged land under the same
97 ownership may be applied toward the minimum lot area requirements and the
98 required rear setback of a lot.
99
100 (J) Title IV, Chapter 16, Section 16-30.120B.1 of the Tiburon Municipal Code is
101 amended to read as follows:
102 1. Lot coverage measures the proportion of a lot that is covered by structures. Lot
103 coverage limits help to promote the aesthetic qualities of spaciousness and
104 privacy. Lot coverage limits can also help reduce excessive run-off and help
Town of Tiburon Ordinance No.xxx N.S. Effective—1--12016 Page 4
105 provide usable outdoor spaces by restricting the horizontal overbuilding of
106 properties. In traditional zones (R-1, R-1-13, R-2, R-3,RO),the percentage of
107 any lot that may be covered by structures is specified in the land and structure
108 regulations for that zone (see article II [zones and allowable uses]). Lot coverage
109 in planned developments is usually established by the precise development plan
110 or associated document.
111
112 (K) Title IV, Chapter 16, Section 16-40.020H.f of the Tiburon Municipal Code is amended
113 to read as follows:
114 f. No side setback or rear setback variances shall be allowed for the project.
115 (L) Title 1V, Chapter 16, Section 16-40.050D.2.a of the Tiburon Municipal Code is
116 amended to read as follows:
117 a. Fencing. A six-foot high fence or wall shall be constructed on all property lines
118 or around the outdoor activity areas, except in the front setback or within a
119 traffic safety visibility area. All fences or walls shall provide for safety with
120 controlled points of entry in compliance with section 16-30.040 (fences and
121 walls).
122
123 (M) Title IV, Chapter 16, Section 16-42.030.2 of the Tiburon Municipal Code is amended
124 to read as follows:
125 2. Television broadcast system(TVBS) antennas provided: (1)the antenna is
126 located entirely on and/or above the subject property; and (2)no portion of any
127 ground-mounted antenna is within a required front setback for the main building,
128 in front of the main building,within a required side setback of a corner lot,or
129 adjacent to a street. All TVBS antennas greater than three feet in height shall
130 require site plan and architectural review and building permits in compliance
131 with the Municipal Code for review of placement to ensure that maximum safety
132 is maintained;
133
134 (N) Title IV, Chapter 16, Section 16-42.030.3 of the Tiburon Municipal Code is amended
135 to read as follows:
136 3. Satellite earth station(SES) antennas measuring two meters or less in diameter
137 (or diagonal measurement)located on a property within any commercial office
138 or public zone,provided that: (1)the antenna is located entirely on and/or above
139 the subject property; and (2) no portion of any ground-mounted antenna is within
140 a required front setback for the main building,in front of the main building,
141 within a required side setback of a comer lot, or adjacent to a street. All SES
142 antennas measuring more than one meter in diameter shall require site plan and
143 architectural review and building permits in compliance with the Municipal
144 Code for review of placement to ensure that maximum safety is maintained;
Town of Tiburon Ordinance No.xxx N.S. Effective--1--12016 Page 15
145 (0) Title W, Chapter 16, Section 16-52.040J.1 of the Tiburon Municipal Code is amended
146 to read as follows:
147 1. Special setbacks, open spaces and buffers;
148
149 (P) Title IV, Chapter 16, Section 16-62.020B.Le of the Tiburon Municipal Code is
150 amended to read as follows:
151 b. A building with a setback less than that required in its zone and that did not
152 receive a variance for the reduced setback area.
153
154 (Q) Title IV, Chapter 16, Section 16-100.020A of the Tiburon Municipal Code is amended
155 such that the definition of"Access Corridor"reads as follows:
156 "Access corridor". The portion of a flag lot providing access from the street, except
157 that no portion of a site having side lot lines radial to the center or curvature of a
158 street from the street property line to the rear lot line shall be deemed an access
159 corridor. The area of an access corridor shall not be included in determining the area
160 of a site, and the depth of an access corridor shall not be included in determining the
161 depth of a front setback.
162 (R) Title IV, Chapter 16, Section 16-100.020A of the Tiburon Municipal Code is amended
163 such that the definition of"Accessory building or structure"reads as follows:
164 "Accessory building or structure". A building or structure that is subordinate to the
165 main building on the same site, or the use of which is incidental to the use of the site
166 or the use of the main building on the site. A building that shares a common wall with
167 a main building shall be deemed a part of the main building. A building or structure
168 that is used as a secondary dwelling unit is not an accessory building or structure.
169 (S) Title IV, Chapter 16, Section 16-100.020F of the Tiburon Municipal Code is amended
170 to add the definition of"Firearms sales"to read as follows:
171 "Firearms sales". A business licensed to sell, lease or transfer firearms or ammunition
172 pursuant to California Penal Code Sections 26700 to 26915 and 30300 to 30365,or
173 successor sections thereto.
174 (T) Title IV, Chapter 16, Section 16-100.020F of the Tiburon Municipal Code is amended
175 such that the definition of"Front setback"reads as follows:
176 "Front setback". An area extending across the full width of a lot or parcel, the depth
177 of which is the minimum distance from the front lot line (see"Lot line, front)as set
178 forth in article 11 of this chapter for the zone in which the lot or parcel is located.
179 (U) Title IV, Chapter 16, Section 16-100.020L of the Tiburon Municipal Code is amended
180 such that subsection 6.Reversed corner lot of the definition of"Lot" reads as follows:
Town of Tiburon Ordinance No.xxx N.S. Effective--/--12016 Page 6
181 6. Reversed corner lot. A corner lot, the rear setback of which abuts the side setback
182 of another lot.
183
184 (V) Title IV, Chapter 16, Section 16-100.020L of the Tiburon Municipal Code is amended
185 such that the definition of"lot line,front"reads as follows:
186
187 "Lot line, front". "Front lot line" means the line of an interior lot separating it from a
188 street at or closest to the access to the lot, except (1) as otherwise defined under
189 "frontage", or(2) when a front property line falls within a street right-of-way or
190 roadway easement,the front lot line shall be the street right-of-way or roadway
191 easement line within the property.
192
193 (4V) Title IV, Chapter 16, Section 16-100.020R of the Tiburon Municipal Code is amended
194 to add the definition of"Rear setback"to read as follows:
195 "Rear Setback". An area extending across the full width of a lot or parcel, the depth of
196 which is the minimum distance from the rear lot line (see "Lot line,rear")as set forth
197 in article II of this chapter for the zone in which the lot or parcel is located.
198 (X) Title IV, Chapter 16, Section 16-100.0205 of the Tiburon Municipal Code is amended
199 such that the definition of"Setback" reads as follows:
200
201 "Setback". A portion of a lot or parcel in which certain uses,buildings or structures
202 are regulated or restricted. Setback distances are based on the zone in which the lot
203 or parcel is located. See article II for specifics and see section 16-30.030C (Figure
204 3.1) for a graphic representation. See also "Front setback", "Rear setback", and"Side
205 setback".
206
207 (Y) Title IV, Chapter 16, Section 16-100.020S of the Tiburon Municipal Code is amended
208 to add the definition of"Side Setback"to read as follows:.
209
210 "Side setback". An area extending from the front setback to the rear setback of the
211 lot or parcel,the width of which is the minimum distance from the side lot line(see
212 "Lot line, side"), as set forth in article II of this chapter for the zone in which the lot
213 or parcel is located.
214
215 (Z) Title IV, Chapter 16, Section 16-100.0205 of the Tiburon Municipal Code is amended
216 such that the definition of"Special setback"reads as follows:
217
Town of Tiburon Ordinance No.xxx N.S. Effective--1--12016 Page 17
218 "Special setback". A setback different than normally required pursuant to article II of
219 this chapter that is required through the course of a conditional permit or other
220 discretionary zoning permit review.
221
222 (AA) Title IV, Chapter 16, Section 16-100.020Y of the Tiburon Municipal Code is amended
223 such that Figure 10-5 Yards is deleted and the definition of"Yard"reads as follows:
224 "Yard". When used in the context of a physical portion of a lot or parcel, "yard"is
225 synonymous with"setback".
226
227 (BB) Title IV, Chapter 16, Section 16-100.020Z of the Tiburon Municipal Code is amended
228 such that the definition of"Zone"reads as follows:
229 "Zone". An area within which certain uses of land, buildings and structures are
230 permitted and certain others are regulated or prohibited; setbacks are required,and lot
231 areas, building height limits, and other requirements are established.
232
233 (CC) Title IV, Chapter 16, Section 16-20.030A.4 [Prohibited uses] is revised to read as
234 follows:
235 4. Prohibited Uses.
236 a. Marijuana Dispensaries are prohibited in all zones.
237 b. The sale of marijuana is prohibited in all zones.
238 c. The cultivation of marijuana is prohibited in all zones. For purposes
239 of this section,"cultivation of marijuana"means any activity
240 involving the planting, growing, harvesting, drying, curing, grading,
241 or trimming of cannabis.
242
243 (DD) Title IV, Chapter 16, Section 16-52.110B is revised to read as follows:
244
245 B. General criteria. Home occupations shall be limited to the following uses:
246
247 1. Art and craft work (ceramics,painting, photography, sculpture, etc.);
248
249 2. Tailors, sewing, etc.; and
250
251 3. Office-only uses, including an office for an architect, attorney, consultant,
252 counselor, insurance agent,planner,tutor,writer, etc., and electronic commerce.
253
254 4. Firearms sales, as defined in article X (Definitions) of this chapter, are not
255 permitted as a home occupation.
256
257 Home Occupations may also include any other uses that may be determined by the
258 Review Authority to be of the same general character as the above-allowed occupations,
Town of Tiburon Ordinance No.xxx N.S. Effective--/--12016 Page 8
259 and not objectionable or detrimental to the zone in which they are located.
260 (EE) Title IV, Chapter 16, Section 16-22.030A.2 [Conditional uses permitted in the
261 NC zone] is revised to add the term"Firearms sales"to the alphabetical list of
262 uses set forth therein.
263
264 (FF) Title IV, Chapter 16, Section 16-22.03 OA.La is revised to read as follows:
265
266 a. Use-for-use changes (e.g., restaurant to restaurant) or minor structural
267 alterations when no substantive intensification of use, as determined by the
268 Director, is proposed; except as set forth in Subsection A.l.e below.
269 Substantive intensification of use shall be measured in terms of parking
270 requirements, number of employees at maximum shift, total floor area
271 occupied, vehicular trip generation, or other factors within the reasonable
272 discretion of the Director. The term "use for use changes" is qualified to limit
273 its applicability to situations where the replacement use is substantially similar
274 to the prior use in the reasonable discretion of the Director.
275 SECTION 3. SEVERABILITY.
276
277 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
278 held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
279 decision shall not affect the validity of the remaining portions of the Ordinance. The Town
280 Council of the Town of Tiburon hereby declares that it would have passed this Ordinance,any
281 section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or
282 more sections, subsections, sentences, clauses, or phrases may be declared invalid or
283 unconstitutional.
284
285 SECTION 4. PUBLICATION AND EFFECTIVE DATE.
286 This ordinance shall be in full force and effect thirty(30) days after the date of adoption.
287 Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
288 be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
289 which adoption of the ordinance is scheduled, the Town Clerk shall (1)publish the summary in a
290 newspaper of general circulation in the Town of Tiburon, and (2)post in the office of the Town
291 Clerk a certified copy of this ordinance. Within fifteen(15) days after the adoption of this
292 ordinance,the Town Clerk shall (1)publish the summary in a newspaper of general circulation in
293 the Town of Tiburon, and(2)post in the office of the Town Clerk a certified copy of the
294 ordinance along with the names of those Council members voting for and against the ordinance.
295 This ordinance was introduced at a regular meeting of the Town Council of the Town of
296 Tiburon on , 2016, and was adopted at a regular meeting of the Town
297 Council of the Town of Tiburon on , 2016,by the following vote:
Town of Tiburon Ordinance No.xxx N.S. Effective—1--12016 Page / 9
298
299 AYES: COUNCILMEMBERS:
300
301 NAYS: COUNCILMEMBERS:
302
303 ABSENT: COUNCILMEMBERS:
304
305
306
307 ERIN TOLLINI,MAYOR
308 Town of Tiburon
309
310 ATTEST:
311
312
313
314 DIANE CRANE IACOPI, TOWN CLERK
Town of Tiburon Ordinance No.xxx Al. S. Effective—1-12016 Page 110
Redline Showing Amendments in Context
Z oIN:v�j e x� Asr\.e
16-10.050-Applicability of zoning ordinance.
A. Applicability. This zoning ordinance shall apply, insofar as legally permissible, to all property within
the incorporated limits of the town, including the public streets and waterways, public utility poles,
lines, and underground facilities for primary distribution systems, whether such property is owned by
the United States of America or any of its agencies, the State of California or any of its agencies or
political subdivisions, any county or city including the town or any of its agencies, any authority or
district organized in compliance with the laws of the State of California, or private persons, firms,
corporations, utilities, or organizations. The scope of this zoning ordinance is limited by certain
preemptions set forth in state and/or federal law.
B. Vested right exception. Except in cases where a property owner can establish a vested right to be
regulated by any prior ordinance or town-recognized document, the provisions of this zoning
ordinance shall apply to all property development in the town.
C. Master and precise plan exception. Nonvested properties for which master and/or precise plans or
their functional zoning permit equivalent have been adopted prior to December 26, 1990, shall
continue to be governed by the provisions of those approvals, except that all such properties shall be
subject to the floor area limit provisions of this zoning ordinance, where such provisions are more
restrictive than the floor area limit provisions, if any, contained in the master and/or precise plans or
their equivalent.
D. New land uses, structures, and changes to them. Compliance with the following requirements is
necessary for any person or public agency to lawfully establish a new land use or structure, or to
alter or replace any land use or structure:
1. Allowable use. The proposed use of land shall be listed as an allowable land use in article II of
this zoning ordinance(zones and allowable land uses)within the zone that applies to the site;
2. Development standards. The proposed use of land or structure shall satisfy all applicable
requirements of this zoning ordinance, including, but not limited to, minimum lot area, height
S limits, required yard and stfeet setbacks, residential density, lot coverage, floor area limits, etc.;
and
3. Permit/approval requirements. Any land use permit or other approval required by article II
(zones and allowable land uses) shall be obtained. The preparation, filing, and processing of
land use permit applications shall comply with article V(zoning permit procedures).
E. Issuance of building permits. The building division may issue building permits only when:
1. The proposed land use and/or structure satisfy the requirements of subsection D above; and
2. The director determines that the permit application contains all materials necessary to
determine compliance with this section.
F. Continuation of an existing structure or land use. An existing land use is lawful and not in violation of
the Tiburon Municipal Code when operated and maintained in compliance with all applicable
provisions of this zoning ordinance. However, the requirements of this zoning ordinance are not
retroactive in their effect on a land use that was lawfully established before this zoning ordinance or
any applicable amendment became effective. See division 16-62 (nonconforming uses, structures
and lots).
G. Alteration or expansion of an existing structure or land use. Any alteration, expansion or modification
of an existing land use shall comply with all provisions of this zoning ordinance, specifically including
division 16-62 (nonconforming uses, structures and lots).
H. Effect of zoning ordinance changes on projects in progress. The enactment of this zoning ordinance
or amendments to its requirements may impose different standards on new land uses than those that
applied to existing development. For example, this zoning ordinance, or a future amendment, could
require larger building setbacks for a particular land use than former zoning ordinance provisions.
Page 3
E17HIBIT NO
c. Referral for determination. The director may refer the question of whether a proposed use
qualifies as a similar and compatible use directly to the commission for a determination at a
public meeting.
d. Appeal. A determination of additional uses, similar or accessory to those allowed, may be
may be appealed in compliance with division 16.66 (appeals).
4. Prohibited uses.
a. Marijuana Dispensaries are prohibited in all zones.
b. The sale of mariivana is prohibited in all zones
c. The cultivation of mariivana is prohibited in all zones For purooses of this
section "mltivation of mariivana" means any activity involving the planting
growing, harvesting drying curing, grading ortrimminpofcannabis.
B. Permit requirements. Division 16-21, table 2-1; section 16-21.030; section 16-22.030; section 16-
23.030; section 16-24.030; section 16-25.030; section 16-26.030; section 16-27.030; and section 16-
28.030 provide for land uses that are:
1. Allowed subject to compliance with all applicable provisions of this zoning ordinance, including
site plan and architectural review, where required, and subject to first obtaining any building
permit or other permit required by the Municipal Code;
2. Allowed subject to the approval of a conditional use permit(section 16-52.040); and
3. Not allowed in particular zones.
A land use authorized through the approval of a conditional use permit may also require site plan
and architectural review approval (16-52.020), a building permit, or other permit required by the Municipal
Code. Uses listed as allowed by a conditional use permit, as determined by the director or commission as
conforming to the purposes of such zone, are not permitted in such zone unless a conditional use permit
has been granted.
(Ord.No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord.No. 552 N.S., § 2(A), 9-3-2014)
16-20.040- Exemptions from zoning permit requirements.
The zoning permit requirements of this zoning ordinance do not apply to the land uses, structures,
and activities identified by this division. These are allowed in all zones subject to compliance with this
division.
Exempt activities and land uses. The following are exempt from the zoning permit requirements of
division 16-21, table 2-1; section 16-21.030; section 16-22.030; section 16-23.030; section 16-24.030;
section 16-25.030; section 16-26.030; section 16-27.030; and section 16-28.030. The following are also
exempt from site plan and architectural review in compliance with section 16-52.020 (site plan and
architectural review), unless otherwise noted.
1. Decks and platforms less than three feet above grade; paths. Decks and platforms and their
associated components that do not constitute a "structure" as defined herein; paths that do not
require a building or grading permit.
2. Fences and walls three and one-half feet (forty-two inches) or less in height. See section 16-
30.040 (fences and walls).
3. Interior remodeling. Interior alterations that do not increase the gross floor area of the structure,
change the permitted use of the structure, or result in any physical exterior alterations to the
structure.
Page 11
(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 yaFd-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 yard-setbacks established in section 16-21.040 (residential
zones development standards).
2. R-1-B-2 (modified single-family residential) zone. The R-1-8-2 zone serves the same purpose
as the R-1 zone but is intended to reflect the different front and side yard-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 yaFd-setbacks established in section 16-21.040 (residential zones development
standards).
C. RO (residential open) zone. The RO zone is intended to promote and encourage the maintenance of
a suitable environment for low-density, single-family development on lots larger than those typically
found in the R-1 zone. There are two RO zones, RO-1 and RO-2, each having its own development
standards. The permitted and conditional uses are the same for both zones. The ROA 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. 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.
Page 13
16-22.030-Commercial zones allowable land uses and permit requirements.
A. NC Zone.
1. Permitted uses in the NC zone.
a. Use-for-use changes (e.g., restaurant to restaurant) or minor structural alterations when no
substantive intensification of use, as determined by the Director, is proposed; except as set
forth in Subsection A.1.e below. Substantive intensification of use shall be measured in
40 terms of parking requirements, number of employees at maximum shift, total floor area
occupied, vehicular trip generation, or other factors within the reasonable discretion of the
Director. The term "use for use changes" is qualified to limit its applicability to situations
where the replacement use is substantially similar to the prior use in the reasonable
discretion of the Director
b. Lawfully existing uses established prior to December 26, 1990, shall be permitted to
operate under the authority and limitations of applicable zoning permits.
c. The Point Tiburon Plaza commercial area shall continue to be regulated by provisions of
the Point Tiburon precise plan and master conditional use permit. Conditional use permits
for new uses in the Point Tiburon commercial area may be issued in accordance with
provisions herein provided that such approvals are consistent with the Point Tiburon
precise plan and master use permit.
d. Drive-through restaurants, and restaurants that primarily offer fast-food and/or take-out
service, are discouraged.
e. Tiburon Boulevard-fronting ground floor office uses shall not be permitted in newly-
constructed or redeveloped buildings located along "Upper Tiburon Boulevard", as that
area is defined in the Tiburon General Plan Downtown Element on Diagram 4.4-1, without
the granting of a conditional use permit in compliance with section 16-52.040 (conditional
use permits) and an exception in compliance with subsection 16-22.040.8.1 (exception for
street-fronting ground floor office use in the NC zone). Street-fronting ground floor office
uses shall not be permitted on street addresses 1690 through 1698 Tiburon Boulevard
inclusive without the granting of a conditional use permit in compliance with section 16-
52.040 (conditional use permits) and an exception in compliance with subsection 16-
22.040.6.2 (exception for street-fronting ground floor office use in the VC zone and 1690
through 1698 Tiburon Boulevard).
f. Emergency shelters in compliance with Section 65582 of the California Government Code
(see section 16-40-060 [emergency shelters]).
2. Conditional uses permitted in the NC zone. The following uses shall be permitted only when a
conditional use permit is granted, as provided in section 16-52.040 (conditional use permit).
Additional uses, similar or accessory to those listed below, may be conditionally permitted by
resolution of the commission.
Artist supply stores Newsstands
Banks Nursery for the propagation and/or sale of
Page 22
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-30.030-Setback requirements and exemptions.
A. Purpose. This section provides standards for the use and minimum size of setbacks. Setbacks
provide open areas around structures for: visibility and traffic safety; access to and around
structures; access to natural light, ventilation and direct sunlight; separation between incompatible
activities; and space for privacy, landscaping, and recreation. Setbacks can also provide a sense of
low density, spaciousness, and aesthetic pleasure.
B. Setback requirements. Unless exempted in compliance with subsection E. below, all structures shall
conform with the setback requirements established for each zone by article II (zones and allowable
land uses), and with any special setbacks established for specific uses by this zoning ordinance,
except as otherwise provided by this section.
C. Measurement of setbacks. Required setbacks shall be measured horizontally from the front, side or
rear property line as appropriate to the measurement, to a line parallel thereto at the nearest point of
a structure on the site. On a site that is not rectangular or approximately rectangular in shape,
required setbacks shall be determined by the director, and a record of such determination kept in the
town building file.
\ Rearyord I
t---------7------- T_----- ---�
I I
Sid rd Side yard
__ I
Fr rit yard I
heuf Pk�
i
Front lot line
s Figure 3-1. Yards
D. Front setback reduction. Where more than half the lots on one block in the same zone have been
improved with buildings, the required front setback on that block is the average of the front setbacks
on improved lots, but need not exceed the minimum required front setback in that zone.
E. Limitations on the use of setbacks.
Page 38
Rear Lot Line
0
Rear Setback
N
-----°r"-----------------
Zo
r ,
r ,
r ,
r ,
r ,
r ,
r ,
r ,
r ,
Lot area not
r y
located in the
at
r
° a ;
v required
setbacks
r ,
r ,
r ,
r ,
r ,
r ,
r ,
r '
Front Setback
N
'i
60'
Front Lot Line
-----------------------""—'------------°
street centerline
Figure 3-1.Setbacks(Example using R-1 zone setbacks)
Town of Tiburon Ordinance No.xxx N. S. Effective—1-12016 Page 3
E. Limitations on the use of setbacks.
1. Accessory structures. Required front and side setbacks shall not be used for the placement or
erection of any accessory building in any zone. Detached accessory buildings not exceeding
twelve feet in height may be located on a rear setback yard, provided that such buildings do not
occupy more than twenty-five percent of the area of the rear setback yard. Swimming pools and
spas may also be located on a rear setback yard, but not within a front or side setback yard.
2. Fences. See section 16-30.040 (fences and walls).
3. Landscaping. Landscape features such as patios, open grills, water features (other than
swimming pools and spas), trellises, entry pergolas, and similar features may occupy any
required setback. But in no case shall any obstruction be located in a public right-of-way without
issuance of an encroachment permit.
4. Parking. The parking or storage of operable or inoperable vehicles in areas other than on an
improved parking surface, as defined in article X(definitions), is prohibited.
5. Additional requirements.
a. Required setbacks shall not be encroached upon by movement or alteration of an existing
main building.
b. Required accessory structure setbacks shall not be less than the minimum for any new
main building, except as noted in subsection 1. above.
F. Allowed projections into setbacks. Attached architectural features and certain detached structures
may project into or be placed within a required setback in compliance with the following
requirements:
1. The ordinary projection of sills, bay windows, cornices, architectural features and eaves may
extend beyond the wall of the structure and into the front, side and rear setbacks; provided,
however, that none shall project into a minimum setback more than three feet. In no case shall
such projection encroach to within three feet of any property line.
2. The extension of structures such as chimneys, fire escapes, landing places, outside stairways
and uncovered balconies, decks and porches may extend beyond the wall of the structure and
into the front, side and rear setbacks; provided, however, that none shall extend into a required
side setback more than three feet, nor into a required front or rear setback more than six feet. In
no case shall such structures extend to within three feet of any property line.
G. Restrictions on the use of front yard-setbacks in residential zones. In any residential zone, a front
setback shall not be used for the storage of junk materials as described in article X (definitions)
under the definition of"junkyard."
H. Vehicle entry gates. Vehicle entry gates shall be set back a minimum of fifteen feet from a private or
public roadway, shared driveway, curb, gutter or sidewalk so as not to impede vehicular or
pedestrian traffic. The review authority shall have reasonable discretion to require a larger setback
distance, if circumstances warrant.
(Ord.No. 519 N.S., § 3(Exh. A),3-17-2010; Ord.No. 541 N.S., § 2(M), 8-15-2012)
16-30.040-Fences and walls.
A. Applicability. The requirements of this section apply to all fences and walls, including fence/wall
combinations, unless otherwise stated.
B. Height limits. Fences and walls may occupy any required setback, provided that:
Page 39
1. A fence, wall, or retaining wall greater than three and one-half feet in height shall not be erected
without site plan and architectural review approval as provided in section 16-52.020 (site plan
and architectural review).
2. A fence, wall, or retaining wall shall not exceed six feet in height in any setback, with the
following exceptions:
a. A fence, wall or retaining wall may exceed six feet in height if all of the following conditions
are met:
I. The fence and/or wall is located along a private residential property line shared with
another private residential property;
ii. There is a difference in surface elevation between the two adjoining properties along
the property line upon which the proposed fence and/or wall is to be located;
iii. The fence and/or wall would have a maximum height of six feet on the upper side of
the structure; and a maximum height on the lower side of the structure of six feet plus
• the difference in surface elevation between the adjoining oro°ertv yard areas at the
property line, but in no instance more than nine feet;
iv. The review authority determines that a fence and/or wall with a height of six feet on
the lower side of the structure would not provide an effective privacy screen for the
adjoining properties; and
v. The review authority determines that the proposed fence would not result in significant
view obstruction or visual impacts on properties in the vicinity.
b. A safety railing on top of a retaining wall as required by the town's building code shall not
count toward the measured height of the retaining wall if the building official determines
that the location of the railing is necessary for safety purposes. Site plan and architectural
review approval shall be required for such railings and walls as provided in section 16-
52.020 (site plan and architectural review). Such railings are encouraged to be constructed
either of transparent materials or be otherwise visually open in design.
3. Fences (including walls used as fences) shall not be located, designed, or constructed so as to
impair safe vision from vehicles or of pedestrians.
4. If two or more fences and/or walls are constructed with a separation of three feet or less
between the faces of the structures, the height of the respective structures shall be combined to
determine the total wall or fence height. If the fences and/or walls are separated by a horizontal
distance greater than three feet, the heights of the fences and/or walls shall be calculated
separately.
(Ord.No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-30.050- Height limits and exceptions.
A. Purpose. Height limits are important measures to protect privacy and views; to promote the adequate
provision of sunlight, air, and visual safety; and to prevent the vertical overbuilding of properties.
B. Maximum height. No building or structure shall be erected or altered to exceed the height limit
established for the zone in which the structure is located. The height limit is a maximum, and is
subject to reduction through the site plan and architectural review process, through precise
development plan approvals, or through other permit approvals issued by the town.
C. Height measurement. Height is the plumb vertical distance, measured using a plane, established by
the lower of the natural or finished grade at the perimeter of the exposed exterior surface of the
building, structure, fence, or wall. No point of the roof edge, fence, wall, parapet, mansard, structure,
Page 40
(Ord.No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-30.080- Recyclable materials collection and loading.
The design and location of all collection and loading areas for recyclable materials shall comply with
the requirements of Municipal Code chapter 16C, also known as the recyclables collection area
ordinance.
(Ord.No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-30.090-Storage and debris boxes.
A. Purpose. The purpose of this section is to regulate the placement of storage and debris boxes on
public and private property.
B. General. Site plan and architectural review (section 16-52.020) approval shall be obtained for any
storage or debris box not associated with an active building permit. In addition, an encroachment
permit shall be obtained if the storage or debris box is not associated with an active building permit
and is located on public property.
C. Site plan and architectural review exceptions. Storage or debris boxes are exempt from the site plan
and architectural review (section 16-52.020) and encroachment permit process as long as the
following criteria are met:
1. The storage or debris box is associated with construction on a property for which there is an
active building permit.
2. Debris boxes shall be on private property and off the street, unless there is no practical location
for the debris box off-street as determined by the director.
3. Storage boxes in all cases shall be located on private property and off the street.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-30.100-Submerged and partially submerged land.
A. Wholly submerged lands, and underwater portions of lands that are partially submerged, shall be
considered conservation areas subject to the regulations of the M (marine) zone (divison 16-25), and
of the San Francisco Bay Conservation and Development Commission (BCDC).
B. The area of such lots that is below the mean high tide line shall not be used in the determination of
lot coverage, floor area ratio, or any other land and structure regulation of the zone in which it is
located, but submerged land under the same ownership may be applied toward the minimum lot area
• requirements and the required rear yard-setback of a lot.
C. Land use changes in submerged and partially submerged land as allowed by subsection 16-
25.030.13. (uses permitted with a tidelands permit in the M zone) shall require tidelands permit review
in compliance with section 16-52-080(tidelands permit).
(Ord.No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord.No. 541 N.S., § 2(N), 8-15-2012)
16-30.110-Public utility lines.
A. Public utility lines requirements. Public utility distribution lines, both overhead and underground, are
permitted in all zones, subject to obtaining normal permits (see section 16-52.020 [site plan and
Page 44
architectural review]), except where routine maintenance and repairs on existing lines are required,
in which case no zoning permit is required.
B. Undergrounding of utilities. The town requires undergrounding of utility connections for new
construction and for remodel of existing structures, in compliance with Municipal Code chapter 12A
(underground utility districts--extensions). The locations of new power transmission lines are to be
approved by the town through site plan and architectural review (section 16-52.020).
(Ord.No. 519 N.S., § 3(Exh.A), 3-17-2010)
16-30.120-Lot legality and coverage.
A. Legality of lots and lot area requirements.
1. Legality of lots required for improvement No building or structure shall be constructed on a lot
that is not legally recognized. The purpose of this provision is to prevent the construction of
improvements on lots that have been illegally subdivided or otherwise illegally created. This
provision does not apply to improvements on any of the following:
a. A lot created by a valid recorded subdivision map;
b. A legal lot of record, provided that the lot is not subject to merger provisions of the State
Subdivision Map Act;
c. A lot divided and conveyed by valid deed, written contract of sale, or similar means,
executed prior to June 24, 1964 (when the town's subdivision ordinance was adopted),
provided that the lot is not subject to merger provisions of the State Subdivision Map Act;
or
d. A lot recognized by a recorded certificate of compliance wherein all conditions (if any) of
said certificate of compliance are satisfied.
2. Lot area requirements.
a. Newly created lots shall have not less than the minimum area required by the land and
structure regulations for the zone in which they are located. Any lot on which dwelling units
are proposed shall also comply with any minimum lot area per unit requirement of its zone.
b. No existing lot shall be reduced in area so as to be smaller than required by this zoning
ordinance, nor shall it be divided to create lots smaller than required by this zoning
ordinance; if already smaller in dimension or area, it shall not be further reduced or divided.
3. Water and sewer requirements. Newly-created lots and unimproved lots shall be served for
domestic purposes by the public water system, or in accordance with Municipal Code chapter
13F (water well construction and use); and by the public sewer system unless specifically
exempted by the council.
B. Lot coverage.
1. Lot coverage measures the proportion of a lot that is covered by structures. Lot coverage limits
help to promote the aesthetic qualities of spaciousness and privacy. Lot coverage limits can
also help reduce excessive run-off and help provide usable outdoor yard spaces by restricting
the horizontal overbuilding of properties. In traditional zones (R-1, R-1-B, R-2, R-3, RO), the
percentage of any lot that may be covered by structures is specified in the land and structure
regulations for that zone (see article II [zones and allowable uses]). Lot coverage in planned
developments is usually established by the precise development plan or associated document.
2. Lot coverage is calculated by dividing the area occupied by the exterior limits of all structures
exceeding three feet in height above the natural or finished ground surface, whichever is lower,
by the total lot area, and multiplying by one hundred.
Page 45
c. No floor area exception shall be allowed for the project;
d. No lot coverage variance shall be allowed for the project;
e. No height variance shall be allowed for the project; and
f. No side setback yard or rear yard setback variances shall be allowed for the project.
I. Action by review authority. The review authority may approve, approve with conditions, or deny
any application for a detached two-family dwelling exception. In taking its action, the review
authority shall make findings based on evidence in the record. The burden rests with the
applicant to convince the board that the project has met the criteria necessary for approval.
J. Appeal—expiration—reapplication.
a. The decision of the review authority may be appealed to the council in compliance with the
provisions of division 16-66 (appeals).
b. Detached two-family dwelling exceptions shall expire and become null and void three years
after the date of approval unless a building permit has been issued before the date of
expiration.
c. Following the denial of an application for a detached two-family dwelling exception, no
application for the same or substantially the same exception shall be filed within one year
of the date of denial unless the denial is made without prejudice.
(Ord.No. 519 N.S., § 3(Exh.A), 3-17-2010)
16-40.030-Bed and breakfast inns(B&Bs).
This section establishes standards for the development and operation of bed and breakfast inns
(B&Bs), where allowed by article II (zones and allowable land uses). The intent of these provisions is to
ensure that compatibility between the B&Bs and any adjoining zone or use is maintained or enhanced.
A. Permit requirement. B&Bs are allowable in the zones and with the permit requirements
determined by articles II (zones and allowable land uses)and V(zoning permit procedures).
B. Site requirements. Except for minimum lot size requirements, the proposed site shall conform to
all standards of the applicable residential zone.
C. Appearance. The exterior appearance of the structure used for the B&Bs shall be outwardly
indistinguishable from that of a single-family residence.
D. Limitation on services provided. Service shall be limited to the rental of bedrooms or suites and
meal/beverage service shall be provided for registered guests only. Separate/additional
kitchens for guests are not allowed. No receptions, private parties, retreats, or similar activities,
for which a fee is paid, shall be allowed.
E. Occupancy by permanent resident required. All B&Bs shall be occupied by at least one
permanent resident.
F. Signs. Signs shall be installed/maintained in compliance with Municipal Code chapter 16A
(signs).
G. Fire safety. A B&B shall comply with applicable fire district regulations.
H. Parking. On-site parking shall be provided in compliance with division 16-32 (parking and
loading standards). One parking space shall be provided for each guest room plus two covered
spaces for the resident family.
I. Business license. A B&B shall have a valid business license from the town.
Page 57
a. Location requirements. No residential property shall be bordered on more than one side by
a large family day-care facility. The director shall also determine that the proposed facility
will not result in an over concentration of child-care facilities to the detriment of the
neighborhood.
b. Passenger loading area. A drop-off and pick-up area shall be established to ensure that
children are not placed at risk and street traffic is not unduly interrupted. The driveway may
serve as a drop-off area, provided that the driveway is not required to remain available for
resident or employee parking.
c. Parking. Adequate off-street parking shall be available to accommodate residents of the
site and all employees, staff and/or volunteers engaged at the child-care facility. On-street
parking may be substituted for the required off-street parking for employees and/or
volunteers if the applicant can demonstrate to the satisfaction of the director that there is
adequate on-street parking for this purpose in the immediate area without creating a
parking problem for adjacent uses.
d. Signs. All signs shall be in compliance with Municipal Code chapter 16A(signs).
2. Standards for child day-care centers. The following standards apply to child day-care centers in
addition to the standards in subsection D.1, above.
a. Fencing. A six-foot high fence or wall shall be constructed on all property lines or around
S the outdoor activity areas, except in the front setback yard or within a traffic safety visibility
area. All fences or walls shall provide for safety with controlled points of entry in
compliance with section 16-30.040 (fences and walls).
b. Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes only, shall
consist of low wattage fixtures, and shall be directed downward and shielded, subject to
the approval of the director.
c. Swimming pools/spas prohibited. No swimming pool/spa shall be installed on the site after
establishment of the child day-care center, due to the high risk and human safety
considerations. Any pool/spa existing on the site prior to application for approval of a child
day-care center shall be removed prior to establishment of the use, unless the director
determines that adequate, secure separation exists between the pool/spa and the facilities
used by the children.
(Ord.No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-40.060-Emergency shelters.
A. Applicability. Where allowed by article II (zones and allowable land uses) emergency shelter facilities
shall comply with the standards of this section.
B. Performance standards. An emergency shelter shall meet the following development and
performance standards:
1. On-site management and on-site security shall be provided during hours when the emergency
shelter is in operation.
2. Adequate external lighting shall be provided for security purposes. The lighting shall be
stationary, directed away from adjacent properties and public rights-of-way, and of intensity
compatible with the surrounding area.
3. The development may provide one or more of the following specific common facilities for the
exclusive use of the residents and staff:
a. Central cooking and dining room(s).
b. Recreation room.
Page 59
(Ord.No. 554 N.S. § 2(C), 2-18-2015)
16-42-Wireless communications Facilities
Sections:
16-42.010- Purpose.
The purpose of division 16-42 is to establish a comprehensive set of zoning requirements for
antennas and wireless communication facilities (hereinafter "WCFs"). These regulations are intended to
provide for the managed location and development of antennas and WCFs in a manner that recognizes
and enhances the community benefits of wireless communication technology and reasonably
accommodates the needs of citizens and wireless communication service providers in accordance with
federal and state rules and regulations, while at the same time protecting neighbors from potential
adverse impacts of such facilities, preserving the visual and other characteristics of the established
community and the natural beauty of hillsides and ridgelines.
(Ord.No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-42.020-Definitions.
The technical terms and phrases used in division 16-42 are defined in article X (definitions) under
"wireless communications facilities."
(Ord.No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-42.030-Applicability.
Exemptions. The requirements imposed by this division shall not apply to certain antennas or
antenna structures, as set forth in this section, unless otherwise specified herein. Each such exempt
facility listed in this section shall fully comply with any other applicable requirements of the Municipal
Code to the extent not specially exempted in this section, including but not limited to the California
Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, and
California Fire Code.
1. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas
measuring one meter or less in diameter(or diagonal measurement);
2. Television broadcast system (TVBS) antennas provided: (1) the antenna is located entirely on
and/or above the subject property; and (2) no portion of any ground-mounted antenna is within
a required front yafd-setback for the main building, in front of the main building, within a required
side yard-setback of a comer lot, or adjacent to a street. All TVBS antennas greater than three
feet in height shall require site plan and architectural review and building permits in compliance
with the Municipal Code for review of placement to ensure that maximum safety is maintained;
3. Satellite earth station (SES) antennas measuring two meters or less in diameter (or diagonal
measurement) located on a property within any commercial office or public zone, provided that:
(1) the antenna is located entirely on and/or above the subject property; and (2) no portion of
any ground-mounted antenna is within a required front yard-setback for the main building, in
front of the main building, within a required side yafd-setback of a corner lot, or adjacent to a
street. All SES antennas measuring more than one meter in diameter shall require site plan and
Page 63
also impose such other conditions as it may deem necessary to achieve these purposes, including
but not limited to, the following:
i 1. Special setback yard, open spaces and buffers;
2. Fences and walls;
3. Surfacing of parking areas and specifications therefore;
4. Street dedications and improvements, including provisions of service roads or alleys when
practical, and necessary dedications of utility easements, sites for public use, and to preserve
open space;
5. Regulation of points of vehicular ingress and egress;
6. Regulation of special parking needs or controls;
7. Landscaping and maintenance thereof;
8. Maintenance of grounds;
9. Control of noise, lighting, vibration, odors, and other potentially dangerous or objectionable
elements;
10. Limits on time for conduct of certain activities;
11. Time period in which the proposed use shall be developed or commenced;
12. Final review by the design review board, if appropriate;
13. Time period in which the use will be reviewed; and
14. Such other conditions as will make possible the development of the town in an orderly and
efficient manner and in conformity with the interest and purposes set forth in this zoning
ordinance and the general plan.
The commission may require such guarantees as it deems necessary to ensure that such conditions
will be met.
K. Off-street parking and loading requirements. The requirements for provision of off-street parking and
loading applicable to the particular use shall prevail, unless in the findings and conditions recited in
the resolution, specific additional requirements are made with respect thereto.
L. Setbacks, height and area requirements. The provisions for required front, rear, and side setbacks
and requirements for height and area applicable to the particular zone in which any use is proposed
to be located shall prevail, unless, in the findings and conditions recited in the resolution, specific
additional requirements are made with respect thereto.
M. Appeals. The action of the commission may be appealed in compliance with the provisions of
division 16-66(appeals).
N. Reapplication. A reapplication for a conditional use permit shall not be filed within one year from the
date that the conditional use permit was revoked or denied. The only exceptions to this are when
there has been a substantial change in circumstances or the denial was made without prejudice.
O. Issuance of conditional use permit. An application for conditional use permit approved by the review
authority will become effective only after the expiration of the appeal period provided by this zoning
ordinance.
P. Expiration of conditional use permit.
1. Conditional use permits issued in compliance with this section shall expire and become null and
void one year after their effective date unless the authorized use has been commenced or an
extension has been granted.
Page 84
16-62.020-Definitions.
A. Legal nonconforming use defined. A 'legal nonconforming use" is a use of a structure or land that
was lawfully established and maintained prior to the adoption of this zoning ordinance, but which no
longer conforms to the use regulations set forth herein. An example of a legal nonconforming use
would be a multi-unit apartment building located in a single-family or two-family residential zone; or a
commercial use located in any residential zone.
B. Legal nonconforming structure defined. A legal nonconforming structure is a structure that was
lawfully erected prior to the adoption of this zoning ordinance, but that no longer conforms to the
standards of coverage, setbacks, height, distance between structures, or other prescribed regulation
applicable under this zoning ordinance.
1. Examples of a nonconforming structure could be:
a. A residence taller than thirty feet that did not receive a variance to be built higher than thirty
feet;
b. A lot in an RO-1 zone that exceeds fifteen percent lot coverage and that did not receive a
variance to exceed the fifteen percent lot coverage limit; or
. c. A building with a setback less than that required in its zone and that did not receive a
variance for the reduced setback yard area.
2. A structure shall not be considered nonconforming where its apparent nonconformity results
solely from a variance, adjustment, or conditional use permit granted by the town or by the
County of Marin and subsequently vested. Records of these permits may be on file in the
department.
3. Lawfully existing structures shall not be considered nonconforming solely on the basis of floor
area guidelines described in subsection 16-52.020.1 (Floor area ratio guidelines).
(Ord.No. 519 N.S., § 3(Exh.A), 3-17-2010)
16-62.030-Restrictions on nonconforming structures and uses.
A nonconforming land use and the use of a nonconforming structure may be continued, including
transfers of ownership, provided that their continuation shall comply with the requirements of this section.
A. Nonconforming use of land. A nonconforming use of land may continue to be used as follows:
1. Maintenance and repairs. Legal nonconforming uses, as defined above, and the structures
they occupy, may continue to be operated and occupied except as provided in subsection
A.2 below. Routine maintenance and repairs may be performed on land or structures
containing a nonconforming use.
2. Expansion and alteration.
a. No nonconforming use shall be moved, altered, enlarged, or extended in any way that
would increase the nonconformity, unless the purpose of such change is to eliminate
the nonconformity, and as otherwise set forth in subsection B. (Nonconforming
structure). This provision shall include structures containing nonconforming uses.
b. A nonconforming use of a structure or site shall not be changed to another
nonconforming use.
3. Termination of nonconforming status by discontinuance. Whenever a nonconforming use
has been discontinued for a continuous period of one year, the nonconforming use shall
Page 109
Sections:
16-100.010-Purpose.
A. The following definitions shall be used in the interpretation of this zoning ordinance. Terms and
phrases used in this zoning ordinance that are technical or specialized, or that may not reflect
common usage, are defined herein.
B. If any of the definitions in division 16-100 conflicts with definitions in other provisions of the Municipal
Code, the former shall control for the purposes of this zoning ordinance. If a word is not defined in
division 16-100, or in other provisions of the Municipal Code, the director shall determine the correct
definition. Should there be any difference between the following definitions and those in other
sections of this zoning ordinance, the more detailed and specific definition shall take precedence,
unless otherwise determined by the director.
(Ord.No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-100.020-Definitions of specialized terms and phrases.
As used in the zoning ordinance, the following terms and phrases shall have the meaning ascribed to
them in this section unless the context in which they are used clearly requires otherwise.
A. Definitions, "A."
"Abuts" or "abutting". Having a common line, or separated only by a private or public street,
alley, or easement.
"Access corridor". The portion of a flag lot providing access from the street, except that no
portion of a site having side lot lines radial to the center or curvature of a street from the street
property line to the rear lot line shall be deemed an access corridor. The area of an access corridor
shall not be included in determining the area of a site, and the depth of an access corridor shall not
be included in determining the depth of a front setback yard.
"Accessory building or structure". A building or structure that is subordinate to the main building
on the same site, or the use of which is incidental to the use of the site or the use of the main
building on the site. A building that shares a common wall with a main building shall be deemed a
part of the main building. A building or structure that is used as a secondary dwelling unit is not an
v accessory building or structure.
"Accessory use". A use customarily incidental, related, and subordinate to the principal legal
use of the parcel or lot and located on the same.A secondary dwelling unit is not an accessory use.
"Affordable housing". See"inclusionary housing."
"Affordable unit". A dwelling unit affordable to households of very low, low, or moderate-income
as determined by the housing authority.
"Agent of owner". A person authorized in writing by the property owner to represent and act for
a property owner in contacts with town employees and officials regarding matters regulated by this
zoning ordinance.
"Agriculture". The keeping of livestock; the breeding and raising of bees, fish, poultry or other
fowl; the planting, raising, harvesting or producing of agricultural, aquacultural, horticultural, or
forestry crops; or similar activity; excluding a household garden and a private, noncommercial
vineyard less than one-quarter acre in area. For the purposes of this chapter, except where
specifically exempted, the interpretation of what constitutes "agriculture" is intended to be broadly
applied and widely encompassing.
Page 130
F. Definitions, "F."
"Family". One or more persons occupying a dwelling and living as a single, domestic
housekeeping unit, as distinguished from a group occupying a hotel or motel, club, fraternity or
sorority house.
"Feasible". Capable of being accomplished in a successful manner within a reasonable period
of time, taking into account economic, environmental, legal, social, and technological factors.
"Fence". A man-made barrier that provides privacy and/or limits passage. Fences may be
continuous or open at intervals. Fences that exceed three and one-half feet in height shall be
considered"structures" as defined in this zoning ordinance.
"Firearms sales". A business licensed to sell, lease or transfer firearms or ammunition
r pursuant to California Penal Code Sections 26700 to 26915 and 30300 to 30365, or successor
sections thereto.
"Floor area, gross". "Gross floor area" means the sum of all enclosed or covered areas of each
floor of the building, measured to the exterior faces of the enclosing walls, columns, or posts.
NOTE: The term "capable of being used or finished for habitable space" is used below. A
space shall be considered "capable of being used or finished for habitable space" if it meets
California Building Code occupiable ceiling height requirements and is all of the following:
1. Covered by a solid, weatherproof roof or floor; and
2. At least fifty percent of the vertical area around the space is closed.
Gross floor area shall not include the following six areas:
1. For residential uses, the first six hundred square feet of garage or carport space on
properties less than or equal to sixty thousand square feet in area; or the first seven
hundred fifty square feet of garage or carport space on properties greater than sixty
thousand square feet in area; or the first two hundred fifty square feet of garage or
carport space for each parking space required in compliance with parking
requirements from section 16-32.040 (number of paring 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.
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
Page 136
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.
"Floor area ratio (FAR)". For residential uses, the floor area ratio is specified in table 5-2 as
described in subsection 16.52.010(1). For nonresidential uses, the floor area ratio is the gross floor
area of the building or buildings on a lot, divided by the area of the lot.
"Front setback" An area extending across the full width of a lot or parcel, the depth of which
. is the minimum distance from the front lot line (see "Lot line fronQ as set forth in article II of
this chapter for the zone in which the lot or parcel is located.
"Frontage". The property line abutting on a street. On a corner lot or a flag lot, or on a double-
frontage lot, the lot line closest to the point of access to the lot, and/or the lot line abutting the
principal street, as determined or approved by the director. The term also includes front lot line (see
figure 10-1 and 10-2 below, under"lot").
G. Definitions, "G."
"Garage". An accessory building or portion of a main building, enclosed on three or more sides,
designed or used primarily for the shelter or storage of automobiles and/or other vehicles.
"General plan". The comprehensive plan as adopted by the town in compliance with the
California Government Code Section 65302, or successor sections thereto.
"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.")
The director or board may determine the grade in the case of unusual project conditions.
"Ground surface". See"Grade."
"Guest house". Living quarters within a detached accessory building for use by guests of the
occupants of the premises, such quarters having no kitchen or cooking facilities and not otherwise
used or usable as a separate dwelling unit.
"Guest room". A room without kitchen facilities that is intended, arranged, or designed to be
occupied, or which is occupied, by one or more guests, and is not rented or otherwise used as a
separate dwelling unit.
"Guidelines". Design review guidelines, Town of Tiburon Design Guidelines For Hillside
Dwellings and General Design Guidelines for New Construction and Remodeling (Hillside Design
Guidelines), Downtown Tiburon Design Handbook, or any other guidelines adopted by resolution of
the town council.
H. Definitions, "H."
"Handicapped accessible unit". A dwelling unit that meets all the special requirements as set
forth in federal and state law for handicapped persons.
"Hearing, public". "Public hearing" means a duly noticed hearing held subject to the provisions
herein, for the purpose of obtaining public opinion and comment upon an application or other matter
before the board, commission, or council.
"Height". The plumb vertical distance, measured using a plane, established by the lower of the
natural or finished grade at the perimeter of the exterior surface of the building, structure, fence, or
wall. No point of the roof edge, fence, wall, parapet, mansard, structure, or other building feature
shall extend above the plane established by the maximum height line from grade, except as
specifically excluded in subsection 16-30.050.D (exceptions to height limits).
"Hen".A mature female chicken.
Page 137
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.. ........ ...
I.. i
i .... �. Streetr.
` 3 Ke Lot i Reversed '-
Comer Lot; Interior S 3 i Y ,
Lot = i i .Corner Lot
.................. i
3
Figure 10-2 Lot Types
5. Key lot. The first interior lot to the rear of a reversed corner lot.
0 6. Reversed corner lot. A corner lot, the rear yard of which abuts the side setback yard of
another lot.
"Lot area". The total area included within the boundary lines of a lot, exclusive of the area of
access corridors or portions of the lot within existing or planned street lines. See Figure 10-2 above.
"Lot coverage". The percentage of a lot or parcel that is covered by structures. (Refer to
subsection 16-30.120.B (lot coverage) for detailed information on the calculation of lot coverage.)
"Lot line".The lines bounding a lot as defined herein.
"Lot line, front". "Front lot line" means the line of an interior lot separating it from a street at or
closest to the access to the lot, except (1) as otherwise defined under"frontage", or (2) when a front
property line falls within a street right-of-way or roadway easement, the front lot line shall be the
• street right-of-way or roadway easement line within the property. (S°� '°^ .
"Lot line, rear". "Rear lot line" means a lot line that is opposite and most distant from the front lot
line. On an irregular lot that is not of extreme configuration, the rear lot line shall coincide with the
rear property line. In the case of an extremely irregular or triangular shaped lot, a line ten feet in
length within the lot parallel to and at a maximum distance from the front lot line shall be the rear lot
line(see figures 10-3 and 10-4 on the following page). In the case of lots within the marine zone, the
rear lot line is the mean high tide line.
"Lot line, side". "Side lot line" means the line of an interior lot separating it from another lot and
the line of a corner lot separating the line of that lot adjacent to the frontage from a street, except(1)
as otherwise defined under "frontage", or (2) when a street side property line falls within a street
right-of-way or easement, the side lot line on that side shall be the easement or right-of-way line
within the property.
"Lot of record". A lot created prior to current subdivision map requirements and in compliance
with the applicable subdivision regulations in effect at that time.
Page 143
"Play equipment". Equipment intended to be used for play purposes on residential property,
including basketball standards, swing sets, and similar recreational equipment.
"Play structure". A portable (not permanently installed into the ground) structure intended to be
used by children for play purposes on residential property.
"Precise development plan". A plan submitted by a property owner, or his legal representative,
specifically showing the proposed improvement of a property including the site plan, preliminary
engineering data, building concepts, landscaping plan, and other information as required in section
16-52.060 (precise development plan).
"Preschool". See"child day-care center".
"Prezoning". A zoning designation, formally adopted by the town, that applies to unincorporated
territory adjoining the town or within its Planning Area, that would become effective upon annexation.
Prezoning has no regulatory effect until the property is annexed. See section 16-68.030 (prezoning
and annexation).
"Principal use".The primary purpose or function that a lot serves or is intended to serve.
"Private residential recreation facilities". A noncommercial club or recreation facility, civic club,
or veteran organization, when located in a single-family dwelling.
"Property". A parcel or lot, unless otherwise specified herein.
"Property area". See"lot area."
"Property line". The boundary defining the ownership of any parcel of land, including a public
right-of-way but not including a limit of ownership within a public right-of-way.
"Public use". Any use that is available to the general public and/or owned by the general public.
"Public/quasi-public use". A land use including educational facilities; governmental and quasi-
public buildings or facilities; utility facilities; and similar facilities owned or operated by public or non-
profit agencies.
Q. Definitions, "Q."
No specialized terms beginning with the letter"Q"are defined at this time.
R. Definitions, "R."
"Real estate tract office". A dwelling temporarily occupied by an office use for the intent of
conducting real estate sales for a development project under construction in which the dwelling is
located.
"Rear Setback" An area extending across the full width of a lot or parcel, the depth of which
• is the minimum distance from the rear lot line (see"Lot line rear") as set forth in article II of
this chapter for the zone in which the lot or parcel is located.
"Recreation, public". Any recreation use owned or operated by a public agency, with or without
charging a fee.
"Recreational vehicle". A motor home, travel trailer, truck camper or camping trailer, with or
without motive power, originally designed for human habitation for recreational, emergency or other
occupancy, which meets all of the following criteria:
1. It contains less than three hundred twenty square feet of internal living room area,
excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or
fixtures, and bath or toilet rooms;
2. It contains four hundred square feet or less of gross area measured at maximum horizontal
projections;
3. It is built on a single chassis; and
Page 148
3. Owner of record. The owner of at least fifty percent interest in the subject real property.
4. Primary unit. The building (or portion of the building in cases of an attached secondary dwelling
unit) in which the principal residential use of the lot takes place. A secondary dwelling unit
cannot constitute the primary unit.
5. Principal place of residence. A dwelling unit that is occupied by the owner of record as a primary
place of residence.
"Secretary of the board". The director of community development or his designee.
"Secretary of the planning commission". The director of community development or his
designee.
"Service station". A place for the retail sale of gasoline or other motor vehicle fuels, which may
also include services incidental to fuel sales. These incidental services may include vehicle engine
maintenance and repair, towing and trailer rental services. Does not include the storage or repair of
wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle
storage or parking spaces.
"Setback". A Re%vii in a Inn cippieting the r...;«s of the F Fed YaFd , A portion of a
lot or parcel in which certain uses buildings or structures are regulated or restricted Setback
. distances are based on the zone in which the lot or parcel is located See article j for
specifics and see section 16-30.030C (Figure 3.1) for a graphic representation. See also
"Front setback". "Rear setback" and"Side setback".
"Side setback" An area extending from the front setback to the rear setback of the lot or
parcel. the width of which is the minimum distance from the side lot line (see"Lot line. side"1.
as set forth in article II of this chapter for the zone in which the lot or parcel is located.
"Sidewalk". A paved walkway adjacent to a street or road.
"Significant (secondary) ridgeline". A ridgeline other than the Tiburon Ridge, as identified and
described in the general plan open space and conservation element.
"Site". A parcel of land or portion thereof with access to a street, devoted to or intended for use
or occupied by a structure or a group of structures. (See also"lot" and"parcel.")
"Site area". See"lot area."
"Site plan and architectural review". A type of zoning permit procedure used by the town. Refer
to section 16-52.020 (site plan and architectural review).
"Slope". The natural ground slope of a lot or parcel. Percent of slope shall be measured along a
line passing through the center of the lot or parcel, or through the building site, between lot lines and
perpendicular to the natural contours; this choice shall be made by the director.
"Special needs household". A household with identified special needs, including, but not limited
to:
a. Single-person household (smaller units);
b. Single-parent household (smaller units);
c. Senior household (including assisted housing and board and care);
d. Large family household (minimum of three bedrooms);
e. A household with people with disabilities (handicapped persons).
"Special setback" A setback different than normally required pursuant to article II of this
chapter that is required through the course of a conditional permit or other discretionary
zoning permit review.
Page 150
12. Antenna structure, freestanding. An antenna structure or mast that is not attached to a
building, fence, or other such structure. Freestanding antenna structures include
communications towers, wooden utility poles, standard or decorative concrete, and steel
monopoles. If the total height of the structure, including the antenna, exceeds fifteen feet, it
shall be treated as a monopole.
13. Antenna structure, monopole. A ground-mounted antenna structure, often tubular in shape,
made of metal, reinforced concrete, or wood, which exceeds fifteen feet in height.
14. Electromagnetic field (EMF). A field of radiation produced by all electromagnetic waves,
from gamma rays to radio waves. The EMF produced by wireless communication facilities
is radio frequency (RF) radiation.
15. Related equipment. All equipment appurtenant to the transmission and/or reception of
voice and data via radio frequencies. Such equipment may include, but is not limited to,
cable conduit and connectors, equipment pads, equipment shelters, cabinets, buildings,
and access ladders.
16. Satellite dish. See"satellite antenna" under"antenna, satellite."
17. Visually inevident. That any component of a WCF, while possibly visible to a person with
normal vision from street level, is such that it is not visually distinguishable as an antenna
or other components of a WCF due to sufficient camouflage, design, screening, building or
architectural integration, or other factors.
18. Wireless communication facility—Co-located. A wireless communication facility comprised
of a single telecommunication tower or building supporting one or more antennas or similar
devices owned or used by more than one public or private entity.
19. Wireless communication facility—Shared location. More than one telecommunications
facility comprised of multiple antenna structures and other structures used for the support
of antennas operated by one or more carriers where such antenna structures and other
structures are located on the same lot or parcel.
20. Wireless communication facility standards. A set of standards, adopted by resolution of the
town council, applying generally to review of applications for wireless communication
facilities.
X. Definitions, "X."
No specialized terms beginning with the letter")Care defined at this time.
Y. Definitions, "Y."
"Yard" When used in the context of a physical portion of a lot or parcel "yard"is
. synonymous with "setback".
. „
1 r=FGAt yard- mr F;ethgGk A s ;;Fea e)dending aGFGGG the full width Gf a let, the depth of whiGh
the d' to rn at' a
the n4 line (as defiRed hn.n n) and the main buildiRg OR
the let.
2. ReaF yaFd -or sethmrk- AR RFea exteRdii;iq aGress the full width ef a let, the depth Of WhiGh is
an the let.
Page 154
Side yard ar retbagli A R are;; frgm the FeRF te the frORt yard Gf the let, the width Af�
the d' t r Y a the 'd Int I•ne (as defined herein) and the .n n hulldin
o the let.
❑x \Y\ lT
e
Reoryard
¢'
id yard _—
Side yard
----------- - ------
Frontyard �I I
I j
I
1 i
1 j
Frontlot
=-=sue 10 m E'
Z. Definitions, "Z."
"Zone". ^ t.' which rei4aiR 119PS Of 1 d d buildings mi ted @Rd reFtain
knits, d 9theF Fequkements @Fe established "Zone" An area within which certain uses of
land buildings and structures are permitted and certain others are regulated or ibited•
setbacks are required and lot areas building heiabtlimitc and other requirements are
established.
"Zoning map". The map entitled, "Town of Tiburon Zoning Map" (see section 16-14.020 [zoning
map]).
"Zoning permit". Any permit required by the terms of this zoning ordinance.
(Ord.No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord.No. 524 N.S., § 1E, 3-2-2011; Ord.No. 541
N.S., §§ (FF)1-4, 8-15-2012; Ord. No. 542 N.S., §§ 2(B)(1), (2), 8-15-2012; Ord.No. 552 N.S.,
§ 2(B), 9-3-2014; Ord.No. 554 N.S., § 2(G),2-18-2015; Ord.No. 555 N.S. § 2(F), 2-18-2015)
Page 155
c. Referral for determination. The director may refer the question of whether a proposed use
qualifies as a similar and compatible use directly to the commission for a determination at a
public meeting.
d. Appeal. A determination of additional uses, similar or accessory to those allowed, may be
may be appealed in compliance with division 16.66 (appeals).
4. Prohibited uses.
a. Marijuana Dispensaries are prohibited in all zones.
• b Marijuana Cultivation is prohibited in all zones
c The sale of mariivana is prohibited in all zones
B. Permit requirements. Division 16-21, table 2-1; section 16-21.030; section 16-22.030; section 16-
23.030; section 16-24.030; section 16-25.030; section 16-26.030; section 16-27.030; and section 16-
28.030 provide for land uses that are:
1. Allowed subject to compliance with all applicable provisions of this zoning ordinance, including
site plan and architectural review, where required, and subject to first obtaining any building
permit or other permit required by the Municipal Code;
2. Allowed subject to the approval of a conditional use permit(section 16-52.040); and
3. Not allowed in particular zones.
A land use authorized through the approval of a conditional use permit may also require site plan
and architectural review approval (16-52.020), a building permit, or other permit required by the Municipal
Code. Uses listed as allowed by a conditional use permit, as determined by the director or commission as
conforming to the purposes of such zone, are not permitted in such zone unless a conditional use permit
has been granted.
(Ord.No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord.No. 552 N.S., § 2(A), 9-3-2014)
16-20.040- Exemptions from zoning permit requirements.
The zoning permit requirements of this zoning ordinance do not apply to the land uses, structures,
and activities identified by this division. These are allowed in all zones subject to compliance with this
division.
Exempt activities and land uses. The following are exempt from the zoning permit requirements of
division 16-21, table 2-1; section 16-21.030; section 16-22.030; section 16-23.030; section 16-24.030;
section 16-25.030; section 16-26.030; section 16-27.030; and section 16-28.030. The following are also
exempt from site plan and architectural review in compliance with section 16-52.020 (site plan and
architectural review), unless otherwise noted.
1. Decks and platforms less than three feet above grade; paths. Decks and platforms and their
associated components that do not constitute a "structure" as defined herein; paths that do not
require a building or grading permit.
2. Fences and walls three and one-half feet (forty-two inches) or less in height. See section 16-
30.040 (fences and walls).
3. Interior remodeling. Interior alterations that do not increase the gross floor area of the structure,
change the permitted use of the structure, or result in any physical exterior alterations to the
structure.
4. Repairs and maintenance.
Page 11
J. Reporting of violations. All reporting of junior accessory dwelling unit violations shall be in
writing and directed to the department. The director shall notify the owner of record of the
property that a complaint has been registered within ten calendar days from receipt of any such
complaint. The director shall investigate and issue a written report to the complainant within
thirty days from the date of the issuance of the notice outlining the current status of any alleged
violation and the steps that have been requested of the owner of record to remedy the situation.
K. Violations considered an infraction. Violations of this section shall be punished as infractions or
by administrative citation, in the discretion of the director and shall be subject to the provisions
of section 16-56.030 (violations and penalties) and/or Municipal Code chapter 31 (enforcement
of code). This subsection also applies to violations of requirements of operation issued in
association with any junior accessory dwelling unit approval.
L. Violations—Additional remedies—Injunctions. As an additional remedy, the existence and/or
maintenance of any junior accessory dwelling unit in violation of any provisions herein, or of any
requirements of operation placed thereon, shall be cause for revocation and shall be deemed
and is declared to be a public nuisance and may be subject to summary abatement (i.e.,
including, without limitation, administrative abatement in compliance with Municipal Code
chapter 31), and/or restrained and enjoined by a court of competent jurisdiction. In the event
legal action is instituted to abate said violation, the town shall be entitled to recover its costs and
reasonable attorney's fees incurred in prosecuting said action.
M. Appeals. Any person aggrieved by any decision involving the approval, denial, or revocation of
a junior accessory dwelling unit may appeal such decision to the town council in compliance
with division 16-66 (appeals).
N. Density. Pursuant to California Government Code section 68552.2, no junior accessory dwelling
unit approved under these provisions shall be considered in calculating the density of the lot
allowed by the land use designation contained in the land use element of the Tiburon General
Plan.
(Ord.No. 555 N.S. § 2(C), 2-18-2015)
16-52.110- Home occupations.
A. Application and fee. Application for a home occupation permit shall be made in compliance with the
provisions of division 16-50 (application filing and processing), and shall be accompanied by the
appropriate fee. A home occupation permit is required for any use defined as a home occupation.
B. General criteria. Home occupations shall be limited to the following uses:
1. Art and craft work(ceramics, painting, photography, sculpture, etc.);
2. Tailors, sewing, etc.; and
3. Office-only uses, including an office for an architect, attorney, consultant, counselor, insurance
agent, planner, tutor, writer, etc., and electronic commerce.
• 4 Firearms sales as defined in article X of this chapter, are not permitted as a home occupation
Home occupations also includes any other uses which may be determined by the review authority to
be of the same general character as the above occupations, and not objectionable or detrimental to the
zone in which they are located.
C. Operating standards. Home occupations shall meet the following requirements:
1. No significant additional traffic shall be created in the neighborhood;
2. Adequate parking shall be maintained;
Page 99
Candy stores Paint and wallpaper stores
Clothing and costume rental Pet shops
establishments Photographic supply stores
Commercial place of amusement Photography studios
Dry goods stores Picture framing
Dwelling units Printing shops
Florists Radio and TV sales and service stores
Establishment serving any alcoholic Restaurant
beverage for consumption on the premises Service station
' Firearms sales
Furniture stores, new and unfinished Shoe stores
Garden supply stores Sporting good stores
Grocery stores Stamp and coin stores
Hobby stores Stationary stores
Hotels and motels Supportive housing
Household appliance stores Tailor and dressmaking shops
Interior decorating shops Theaters and playhouses
Jewelry stores Toy stores
Leather goods and luggage shops Transitional housing
Liquor or drug stores Travel bureaus
Page 23
RESOLUTION NO. 2016-03
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION
OF TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE
RELATING TO REGULATION OF FIREARMS AND AMMUNITION
WHEREAS,the Town of Tiburon has initiated text amendments to the Town's Zoning
Ordinance, codified as Title IV,Chapter 16 of the Tiburon Municipal Code; and
WHEREAS, a notice of the public hearing on the amendments was published in a
newspaper of general circulation within the Town of Tiburon on February 12, 2016 and other
noticing was provided as required by law; and
WHEREAS,the Planning Commission did hold a duly noticed and advertised public
hearing on February 24,2016 and considered any testimony received during the public hearing;
and
WHEREAS,the Planning Commission has considered the preliminary environmental
determination that the proposed amendments are categorically exempt from further review under
the California Environmental Quality Act(CEQA) pursuant to Section 15305 of the CEQA
Guidelines (Minor Alterations to Land Use Limitations) and also pursuant to CEQA Guidelines
Section 15061(b)(3); and
WHEREAS,the Planning Commission finds that the proposed zoning text amendments
are consistent with the goals,policies, and programs of the Tiburon General Plan and any
applicable plans and are consistent with the requirements and objectives of the Zoning
Ordinance; and
WHEREAS,the Planning Commission finds that the proposed amendments will not be
detrimental to the public health, safety or welfare of the Town.
NOW,THEREFORE,BE IT RESOLVED that the Planning Commission hereby
recommends that the Town Council adopt the Zoning Ordinance text amendments as set forth in
the attached Exhibit"A'.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
Town of Tiburon held on February 24,2016,by the following vote:
AYES: COMMISSIONERS: Corcoran, Kulik, Weller, Williams
NAYS: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Welner
TIBURON PLANNING COMMISSION RESOLUTION NO.2016-03 02/24/2016 1
L_:_i.=DJT N�.
DAVID KULIK, CHAIR
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
Attachment: Exhibit"A"
TIBURON PLANNING COMMISSION RESOLUTION No.2016-03 02/242016 2
EXHIBIT"A"
(A) Title IV, Chapter 16, Section 16-52.110B is revised to add read as follows:
B. General criteria. Home occupations shall be limited to the following uses:
1. Art and craft work(ceramics,painting, photography, sculpture, etc.);
2. Tailors, sewing, etc.; and
3. Office-only uses, including an office for an architect, attorney, consultant,
counselor, insurance agent,planner,tutor, writer, etc., and electronic commerce.
4. Firearms sales, as defined in article X [Definitions] of this chapter, are not
permitted as a home occupation.
Home Occupations may also include any other uses that may be determined by the
Review Authority to be of the same general character as the above-allowed
occupations, and not objectionable or detrimental to the zone in which they are
located.
(B) Title IV, Chapter 16, Section 16-22.030A.2 [Conditional uses permitted in the
NC zone] is revised to add the term"Firearms sales"to the alphabetical list of
uses set forth therein.
(C) Title IV, Chapter 16, Section 16-100.020F of the Tiburon Municipal Code is amended
to add the definition of"Firearms sales"to read as follows:
"Firearms sales". A business licensed to sell, lease or transfer firearms or ammunition
pursuant to California Penal Code Sections 26700 to 26915 and 30300 to 30365, or
successor sections thereto.
TIBURON PLANNING COMMISSION RESOLUTION N0.2016-03 02/24/2016 3
RESOLUTION NO. 2016-04
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION
OF VARIOUS TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE
WHEREAS,the Town of Tiburon has initiated text amendments to the Town's Zoning
Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and
WHEREAS, a notice of the public hearing on the amendments was published in a
newspaper of general circulation within the Town of Tiburon on February 12,2016 and other
noticing was provided as required by law; and
WHEREAS,the Planning Commission did hold a duly noticed and advertised public
hearing on February 24, 2016 and considered any testimony received during the public hearing;
and
WHEREAS,the Planning Commission has considered the preliminary environmental
determination that the proposed amendments are categorically exempt from further review under
the California Environmental Quality Act(CEQA)pursuant to Section 15305 of the CEQA
Guidelines(Minor Alterations to Land Use Limitations) and also pursuant to CEQA Guidelines
Section 15061(b)(3); and
WHEREAS,the Planning Commission finds that the proposed zoning text amendments
are consistent with the goals,policies, and programs of the Tiburon General Plan and any
applicable plans and are consistent with the requirements and objectives of the Zoning
Ordinance; and
WHEREAS,the Planning Commission finds that the proposed amendments will not be
detrimental to the public health, safety or welfare of the Town.
NOW,THEREFORE,BE IT RESOLVED that the Planning Commission hereby
recommends that the Town Council adopt the Zoning Ordinance text amendments as set forth in
the attached Exhibit"A".
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
Town of Tiburon held on February 24, 2016,by the following vote:
AYES: COMMISSIONERS: Corcoran, Kulik,Weller,Williams
NAYS: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Welner
TIBURON PLANNING COMMISSION RESOLUTION NO.2016-04 02/24/2016 1
r-,-T:7-21T NO
DAVID KULIK,ZCHAIZFr/'
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
Attachment: Exhibit"A"
TIBURON PLANNING COMMISSION RESOLUTION NO.2016-04 02/24/2016 2
EXHIBIT"A"
(A) Title IV, Chapter 16, Section 16-10.050D.2. of the Tiburon Municipal Code is
amended to read as follows:
2. Development standards. The proposed use of land or structure shall satisfy all
applicable requirements of this chapter,including,but not limited to,minimum lot
area, height limits,required setbacks,residential density, lot coverage, and floor area
limits; and
(B) Title IV, Chapter 16, Section 16-21.020B.I of the Tiburon Municipal Code is
amended to read as follows:
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).
(C) Title IV, Chapter 16, Section 16-21.020B.2 of the Tiburon Municipal Code is
amended to read as follows:
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).
(D) Title IV, Chapter 16, Section 16-30.030C of the Tiburon Municipal Code is amended
to read as follows:
C. Measurement of setbacks. Required setbacks shall be measured horizontally from
the front, side or rear property line as appropriate to the measurement,to a line parallel
thereto at the minimum distance specified in Article II for the zone in which the
property is located. On a site that is not rectangular or approximately rectangular in
shape,required setbacks shall be determined by the director, and a record of such
determination kept in the town building file.
TIBURON PLANNING COMMISSION RESOLUTION NO.2016-04 02/14/2016 3
Rear Lot Line
Q
Rear Setback
n,
-'-----r------------------------------------------I------
r ,
Lot area not
located in the
v
required
setbacks
,
,
;
H.
,
Front Setback
N
e'1
60•
Front Lot Line
stree,Centerline
Figure 3.1.Setbacks(Example using R-1 zone setbacks)
TIBURON PLANNING COMMISSION RESOLUTION NO.2016-04 02/2412016 4
(E) Title IV, Chapter 16, Section 16-30.030E.1 of the Tiburon Municipal Code is amended
to read as follows:
1. Accessory structures. Required front and side setbacks shall not be used for the
placement or erection of any accessory building in any zone.Detached accessory
buildings not exceeding twelve feet in height may be located on a rear setback,
provided that such buildings do not occupy more than twenty-five percent of the
area of the rear setback. Swimming pools and spas may also be located on a rear
setback,but not within a front setback or side setback.
(F) Title IV, Chapter 16, Section 16-30.030E.5.c of the Tiburon Municipal Code is
deleted.
(G) Title IV, Chapter 16, Section 16-30.030G of the Tiburon Municipal Code is amended
to read as follows:
G. Restrictions on the use of front setbacks in residential zones. In any residential
zone, a front setback shall not be used for the storage of junk materials as described
in article X [Definitions] under the definition of"junkyard."
(H) Title IV, Chapter 16, Section 16-30.040B.iii of the Tiburon Municipal Code is
amended to read as follows:
iii. The fence and/or wall would have a maximum height of six feet on the upper
side of the structure; and a maximum height on the lower side of the structure of
six feet plus the difference in surface elevation between the adjoining property at
the property line,but in no instance more than nine feet;
(I) Title IV, Chapter 16, Section 16-30.100B of the Tiburon Municipal Code is amended
to read as follows:
B. The area of such lots that is below the mean high tide line shall not be used in
the determination of lot coverage,floor area ratio, or any other land and structure
regulation of the zone in which it is located,but submerged land under the same
ownership may be applied toward the minimum lot area requirements and the
required rear setback of a lot.
(J) Title IV, Chapter 16, Section 16-30.12013.1 of the Tiburon Municipal Code is
amended to read as follows:
1. Lot coverage measures the proportion of a lot that is covered by structures.Lot
coverage limits help to promote the aesthetic qualities of spaciousness and
privacy. Lot coverage limits can also help reduce excessive run-off and help
provide usable outdoor spaces by restricting the horizontal overbuilding of
properties. In traditional zones (R-1,R-1-13, R-2, R-3,RO), the percentage of
any lot that may be covered by structures is specified in the land and structure
TIBURON PLANNING COMMISSION RESOLUTION NO.201&04 02/24/2016 5
regulations for that zone (see article II [zones and allowable uses]). Lot coverage
in planned developments is usually established by the precise development plan
or associated document.
(K) Title IV, Chapter 16, Section 16-40.020H.f of the Tiburon Municipal Code is amended
to read as follows:
f. No side setback or rear setback variances shall be allowed for the project.
(L) Title IV, Chapter 16, Section 16-40.050D.2.a of the Tiburon Municipal Code is
amended to read as follows:
a. Fencing. A six-foot high fence or wall shall be constructed on all property lines
or around the outdoor activity areas, except in the front setback or within a
traffic safety visibility area. All fences or walls shall provide for safety with
controlled points of entry in compliance with section 16-30.040 (fences and
walls).
(M) Title IV, Chapter 16, Section 16-42.030.2 of the Tiburon Municipal Code is amended
to read as follows:
2. Television broadcast system(TVBS) antennas provided: (1) the antenna is
located entirely on and/or above the subject property; and (2)no portion of any
ground-mounted antenna is within a required front setback for the main building,
in front of the main building,within a required side setback of a comer lot,or
adjacent to a street. All TVBS antennas greater than three feet in height shall
require site plan and architectural review and building permits in compliance
with the Municipal Code for review of placement to ensure that maximum safety
is maintained;
(l) Title IV, Chapter 16, Section 16-42.030.3 of the Tiburon Municipal Code is amended
to read as follows:
3. Satellite earth station(SES) antennas measuring two meters or less in diameter
(or diagonal measurement) located on a property within any commercial office
or public zone, provided that: (1)the antenna is located entirely on and/or above
the subject property; and (2)no portion of any ground-mounted antenna is within
a required front setback for the main building, in front of the main building,
within a required side setback of a corner lot, or adjacent to a street. All SES
antennas measuring more than one meter in diameter shall require site plan and
architectural review and building permits in compliance with the Municipal
Code for review of placement to ensure that maximum safety is maintained;
(0) Title IV, Chapter 16, Section 16-52.040J.1 of the Tiburon Municipal Code is amended
to read as follows:
1. Special setbacks, open spaces and buffers;
TIBURON PLANNING COMMISSION RESOLUTION NO.2016-04 02/24/2016 6
(P) Title IV, Chapter 16, Section 16-62.020B.Lc of the Tiburon Municipal Code is
amended to read as follows:
b. A building with a setback less than that required in its zone and that did not
receive a variance for the reduced setback area.
(Q) Title IV, Chapter 16, Section 16-100.020A of the Tiburon Municipal Code is amended
such that the definition of"Access Corridor"reads as follows:
"Access corridor". The portion of a flag lot providing access from the street,except
that no portion of a site having side lot lines radial to the center or curvature of a
street from the street property line to the rear lot line shall be deemed an access
corridor. The area of an access corridor shall not be included in determining the area
of a site, and the depth of an access corridor shall not be included in determining the
depth of a front setback.
(R) Title IV, Chapter 16, Section 16-100.020A of the Tiburon Municipal Code is amended
such that the definition of"Accessory building or structure" reads as follows:
"Accessory building or structure". A building or structure that is subordinate to the
main building on the same site, or the use of which is incidental to the use of the site
or the use of the main building on the site. A building that shares a common wall with
a main building shall be deemed a part of the main building. A building or structure
that is used as a secondary dwelling unit is not an accessory building or structure.
(S) Title IV, Chapter 16, Section 16-100.020F of the Tiburon Municipal Code is amended
such that the definition of"Front setback"reads as follows:
"Front setback". An area extending across the full width of a lot or parcel,the depth
of which is the minimum distance from the front lot line (see"Lot line,front)as set
forth in article II of this chapter for the zone in which the lot or parcel is located.
(T) Title IV, Chapter 16, Section 16-100.020L of the Tiburon Municipal Code is amended
such that subsection 6. Reversed comer lot of the definition of"Lot"reads as follows:
6. Reversed corner lot. A comer lot,the rear setback of which abuts the side setback
of another lot.
(i1) Title IV, Chapter 16, Section 16-100.020L of the Tiburon Municipal Code is amended
such that the definition of"lot line, front"reads as follows:
"Lot line, front". "Front lot line" means the line of an interior lot separating it from a
street at or closest to the access to the lot, except(1) as otherwise defined under
"frontage", or (2)when a front property line falls within a street right-of-way or
TIBURON PLANNING COMMISSION RESOLUTION NO.2016-04 02/24/2016 7
roadway easement,the front lot line shall be the street right-of-way or roadway
easement line within the property.
(V) Title IV, Chapter 16, Section 16-100.020R of the Tiburon Municipal Code is amended
to add the definition of"Rear setback"to read as follows:
"Rear Setback". An area extending across the full width of a lot or parcel,the depth of
which is the minimum distance from the rear lot line (see"Lot line,rear") as set forth
in article II of this chapter for the zone in which the lot or parcel is located.
(W) Title IV, Chapter 16, Section 16-100.0205 of the Tiburon Municipal Code is amended
such that the definition of"Setback"reads as follows:
"Setback". A portion of a lot or parcel in which certain uses, buildings or structures
are regulated or restricted. Setback distances are based on the zone in which the lot
or parcel is located. See article II for specifics and see section 16-30.030C for a
graphic representation. See also "Front setback', "Rear setback", and"Side setback".
(J) Title IV, Chapter 16, Section 16-100.020S of the Tiburon Municipal Code is amended
to add the definition of"Side Setback"to read as follows:
"Side setback". An area extending from the front setback to the rear setback of the
lot or parcel,the width of which is the minimum distance from the side lot line(see
"Lot line, side"), as set forth in article II of this chapter for the zone in which the lot
or parcel is located.
(Y) Title IV, Chapter 16, Section 16-100.020S of the Tiburon Municipal Code is amended
such that the definition of"Special setback"reads as follows:
"Special setback". A setback different than normally required pursuant to article II of
this chapter that is required through the course of a conditional permit or other
discretionary zoning permit review.
(Z) Title IV, Chapter 16, Section 16-100.020Y of the Tiburon Municipal Code is amended
such that Figure 10-5 Yards is deleted and the definition of"Yard"reads as follows:
"Yard". When used in the context of a physical portion of a lot or parcel, "yard" is
synonymous with"setback".
(AA) Title IV, Chapter 16, Section 16-100.020Z of the Tiburon Municipal Code is amended
such that the definition of"Zone"reads as follows:
"Zone". An area within which certain uses of land, buildings and structures are
permitted and certain others are regulated or prohibited; setbacks are required,and lot
areas,building height limits, and other requirements are established.
TIBURON PLANNING COMMISSION RESOLUTION NO.2016-04 02/24/2016 8
(BB) Title IV, Chapter 16, Section 16-20.030A.4 [Prohibited uses] is revised to read as
follows:
4. Prohibited Uses.
a. Marijuana Dispensaries are prohibited in all zones.
b. The sale of marijuana is prohibited in all zones.
c. The cultivation of marijuana is prohibited in all zones. For purposes
of this section, `cultivation of marijuana"means any activity
involving the planting, growing,harvesting, drying, curing, grading,
or trimming of cannabis.
(CC) Title IV, Chapter 16, Section 16-22.030A.1.a is revised to read as follows:
a. Use-for-use changes (e.g., restaurant to restaurant) or minor structural
alterations when no substantive intensification of use, as determined by the
Director, is proposed; except as set forth in Subsection A.I.e below.
Substantive intensification of use shall be measured in terms of parking
requirements, number of employees at maximum shift, total floor area
occupied, vehicular trip generation, or other factors within the reasonable
discretion of the Director. The term"use for use changes" is qualified to limit
its applicability to situations where the replacement use is substantially similar
to the prior use in the reasonable discretion of the Director..
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