The URL can be used to link to this page

Home My WebLink AboutTC Ord 2003-10-01 ORDINANCE NO. 478 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING VARIOUS AMENDMENTS TO, AND REZONING CERTAIN PROPERTIES DESIGNATED WITHIN, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE WHEREAS, the Town of Tiburon has initiated text amendments and rezonings to the Town's Zoning Ordinance, codified as Chapter 16 ofthe Tiburon Municipal Code; and WHEREAS, the Planning Commission held duly noticed and advertised public hearings on the amendments on July 9, 2003 and August 13,2003; and WHEREAS, the Planning Commission recommended approval of the amendments to the Town Council by adoption of Resolutions 2003-12 and 2003-13 on August 13, 2003; and WHEREAS, the Town Council held duly-noticed and advertised public hearings on September 17, 2003 and October 1, 2003, and received and considered any and all public testimony on this matter; and WHEREAS, the Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Town Council finds that the amendments made by this Ordinance are consistent with the objectives of Chapter 16 and would not be detrimental to the public health, safety, or welfare; and WHEREAS, the Town Council finds that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and are consistent with other Town ordinances, plans, and regulations; and WHEREAS, the Town Council finds that the project has no potential to result in adverse impacts on the environment and is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (B) (3) of the CEQA Guidelines and is, in addition, statutorily exempt from the requirements of CEQA pursuant to Section 21080.17 of the Public Resources Code. Town of Tiburon Ordinance No. 478 N.S. Effective 10/31/2003 1 ___ .__.__n ._. ..._____ .------~'---- .----...----.----- --- ---.-..--,-.------..--.----....---...-..------ ---"'....-- -------, .-. -. ---.----- NOW, THEREFORE, THE TOWN COUNCil OF THE TOWN OF TIBURON HEREBY ORDAINS AS FOllOWS: Section 1. Zonina Text Amendments. A. Section 16-1.3 of Chapter 16 (Zoning) of the Tiburon Municipal Code is amended to read as follows: This Chapter 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 of Tiburon or any of its agencies, any authority or district organized under the laws of the State of California, or private persons, firms, corporations, utilities, or organizations. The scope of this Chapter is limited by preemptions for certain uses as set forth in state and/or federal law. 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 Chapter shall apply to all property development in the Town of Tiburon. Examples of such vesting could be, but are not limited to, one of the following, if in effect prior to December 26, 1990: 1. A valid Development Agreement. 2. Rights established by a Vesting Tentative Map. 3. A valid, Town-recognized legal settlement. Non-vested properties for which Master and/or Precise Plans or their 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 Chapter, where such provisions are more restrictive than the floor area limit provisions, if any, contained in the Master and/or Precise Plans. B. Sections 16-2.13, 16-2.13.1 and 16-2.13.2 of Chapter 16 (Zoning) of the Tiburon Municipal Code are amended to read as follows: Town of Tiburon Ordinance No. 478 N.S. Effective 10/31/2003 2 Section 16-2.13 P Zone Reaulations. The Public/Quasi-Public Zone is intended to provide for public and quasi-public uses, and to recognize existing public and quasi-public uses and facilities which are expected to remain in a similar use in the foreseeable future. The permitted uses and conditional uses listed below are qualified by the existence of preemptions for certain uses as set forth in Section 53091 or successor section(s) of the California Government Code and by other preemptions contained in state or federal law. 16-2.13.1 Permitted uses (P). The uses listed below are allowed by right in the P zone. (a) Parks and ancillary improvements thereto; (b) Open Spaces and ancillary improvements thereto. 16-2.13.2 Conditional uses permitted (P). The uses listed below shall be permitted only when a conditional use permit is granted, as provided in section 16-4.4. Other similar uses may be added to this list by resolution of the planning commission. (a) Educational facilities; (b) Buildings or facilities operated by public/non-profit agencies; (c) Recreational buildings or facilities; (d) Utility buildings or facilities; (e) Governmental buildings or facilities; (f) Additional specific uses which are. in the opinion of the commission, similar or accessory to those uses listed above. C. Section 16-3.1.1 of Chapter 16 (Zoning) of the Tiburon Municipal Code is amended to read as follows: Applications for permits governed by this chapter shall be made on forms furnished by the Community Development Department. The owner of the property for which any application is submitted, or the agent or authorized representative of the owner, shall file the application with the Community Development Department. Potential applicants are encouraged to consult with planning division staff prior to application. Town of Tiburon Ordinance No. 478 N.S. Effective 1013112003 3 ------......__.._~_.- ..- --- ---_.....-_._._-~..- -..----.-.---...-----.-.-.-.-- -.-....- -.....----- ----- _.--- - - Applications shall be full and complete, including all information required for the presentation of necessary facts for the permanent record and to assist in determining the merits of the application. Handouts and instructions listing submittal requirements shall be obtained from the Community Development Department. The application shall be accompanied by a written statement of the property owner, or his/her legally appointed representative, agreeing that if the Town grants the approval, with or without conditions, and that action is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant shall also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. The Town will impose this requirement as a condition to all project approvals or conditional project approvals. D. Section 16-5.6.4 (B[2]) of Chapter 16 (Zoning) of the Tiburon Municipal Code is amended to read as follows: (2) A fence, wall, or retaining wall shall not exceed six (6) feet in height in any yard, unless all of the following conditions are met: a. The fence and/or wall is located along a private residential property line shared with another private residential property; b. 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; c. The fence and/or wall would have a maximum height of six (6) feet on the upper side of the structure; and a maximum height on the lower side of the structure of six (6) feet plus the difference in surface elevation between the adjoining yard areas at the property line, but in no instance more than nine (9) feet; Town of Tiburon Ordinance No. 478 N.S. Effective 10/31/2003 4 d. The Acting Body determines that a fence and/or wall with a height of six (6) feet on the lower side of the structure would not provide an effective privacy screen for the adjoining properties; and e. The Acting Body determines that the proposed fence would not result in significant view obstruction or visual impacts on properties in the vicinity. E. Section 16-5.6.7 (e) of Chapter 16 (Zoning) of the Tiburon Municipal Code is added to read as follows: (e) If two or more fences and/or walls are constructed with a separation of three (3) 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 (3) feet, the heights of the structures shall be calculated separately. F. Section 16-6.6 of Chapter 16 (Zoning) of the Tiburon Municipal Code is amended to read as follows: (a) Pursuant to Government Code Section 65915 et seq., the town shall provide density bonuses of twenty-five percent for projects which provide twenty percent of the total units of a residential development for lower income households, ten percent of the total units of a residential development for very low income households, or fifty percent of the total units of a residential development for people 62 years of age or older, or 55 years of age or older in a senior citizen housing development; or the town shall provide a density bonus of ten percent for condominium projects which provide twenty percent of the total units for moderate income households, in addition to the other incentives described in sections 16-6.3(g), (h), (i) and 0). (b) Applicants who propose residential development which complies with the afford ability requirements described in section (a) may submit to the town a proposal for the specific incentive described in sections 16-6.3(g), (h), (i) and 0). The town shall award the incentive unless either of the following written findings is made based upon substantial evidence: Town of Tiburon Ordinance No. 478 N.S. Effective 10/31/2003 5 --.-'--'-- - - - ----------------.-----.-.-.--.- ..-....---.---.--..--...---- .---_. -- -- ------ --.....----.... -----.. ---.-- --- .- (1) The incentive is not required in order to provide for affordable housing costs, or (2) The incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. (c) The town shall grant density bonuses which allow the re- establishment of developments containing affordable housing units when such developments are destroyed by fire, earthquake, or similar disaster, even when such developments may exceed current allowable densities. Section 2. Rezonina. Section 16-2.16 (Zoning Map) of Chapter 16 (Zoning) of the Tiburon Municipal Code is hereby amended as set forth in the attached Figure 1, said Figure 1 depicting the following rezonings and being incorporated herein by reference: 1. Assessor Parcel Nos. 058-100-71 and 58-450-01; approximately 103 acres located at the end of Lyford Drive; rezoned from Residential Planned Development (RPD) zone to Open Space (OS) zone. 2. Assessor Parcel 58-100-38; approximately 15.6 acres; located immediate down slope from the above-listed property; rezoned from Residential Multiple Planned (RMP) zone to Open Space (OS) zone. 3. Assessor Parcel No. 58-111-28; approximately 0.6 acres located down slope from the end of Stevens Court; rezoned from Residential Planned Development (RPD) zone to Open Space (OS) zone. Section 3. Severabilitv. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining port-ioRs of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, Town of Tiburon Ordinance No. 478 N.S. Effective 10/31/2003 6 irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance, or its legally required equivalent, shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on September 17, 2003, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on October 1, 2003, which was noticed pursuant to provisions of the California Government Code, by the following vote: AYES: COUNCILMEMBERS: Berger, Fredericks, Slavitz & Thompson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gram ATTEST: f/zthf~ DIANE CRANE IACOPI, TOWN CLERK H:DCRANEJwpdocslresolAMEND CHAPTER 16 CERTAIN PROPERTIES 2003.ord.doc Town of Tiburon Ordinance No. 478 N.S. Effective 10/31/2003 7