HomeMy WebLinkAboutTC Ord 2016-04-06 (2)ORDINANCE NO. 564 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) REGARDING
SETBACKS, YARDS, MARIJUANA SALE AND CULTIVATION, USE -FOR -USE
CHANGES, FIREARMS -RELATED REGULATIONS, AND OTHER
MISCELLANEOUS AMENDMENTS
SECTION 1. FINDINGS.
A. On February 24, 2016, the Planning Commission adopted Resolution No. 2016-04
recommending to the Town Council that various text amendments be made to Title IV,
Chapter 16 (Zoning) of the Tiburon Municipal Code.
B. The Town Council held a duly noticed public hearing on March 16, 2016, and has heard
and considered all public testimony on the proposed Ordinance.
C. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
D. The Town Council finds that the amendment actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare and to comply with
federal law.
E. The Town Council has found that the amendments made by this Ordinance are consistent
with the goals and polices of the Tiburon General Plan and other adopted ordinances and
regulations of the Town of Tiburon, and further the intent and purposes of General Plan
goals and policies.
F. The Town Council fmds that adoption of this ordinance is exempt from the requirements
of the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor
Alterations to Land Use Limitations) of the CEQA Guidelines, as well as Section
15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that the text
amendments will not result in a significant adverse effect on the environment.
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
(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
Town of Tiburon Ordinance No. 564 N. S. Effective 05/06/2016 Page J 1
(B) Title IV, Chapter 16, Section 16-21.020B.1 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.
Town of Tiburon Ordinance No. 564 N. S. Effective 05/06/2016 Page / 2
0
N
Rear Lot Line
•
Side Setback
r
Rear Setback
Lot area not
located in the
required
setbacks
Front Setback
60'
.60
Side Setback
Front Lot Line
Street Centerline
Figure 3.1. Setbacks (Example using R-1 zone setbacks)
Town of Tiburon Ordinance No. 564 N. S. Effective 05/06/2016 Page / 3
(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:
(H)
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."
Title IV, Chapter 16, Section 16-30.040B.2.a.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:
(J)
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.
Title IV, Chapter 16, Section 16-30.120B.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
Town of Tiburon Ordinance No. 564 N. S. Effective 05/06/2016 Page 14
provide usable outdoor 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.
(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:
(N)
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;
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;
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(0) Title IV, Chapter 16, Section 16-52.040J.1 of the Tiburon Municipal Code is amended
to read as follows:
(P)
(Q)
1. Special setbacks, open spaces and buffers;
Title IV, Chapter 16, Section 16-62.020B.1.c 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.
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
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.
(T) 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:
(U)
"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.
Title IV, Chapter 16, Section 16-100.020L of the Tiburon Municipal Code is amended
such that subsection 6. Reversed corner lot of the definition of "Lot" reads as follows:
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6. Reversed corner lot. A corner lot, the rear setback of which abuts the side setback
of another lot.
(V) 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:
(\O
(X)
"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.
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.
Title IV, Chapter 16, Section 16-100.020S 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 (Figure
3.1) for a graphic representation. See also "Front setback", "Rear setback", and "Side
setback".
(Y) 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.
(Z) 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:
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"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.
(AA) 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".
(BB) 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.
(CC) 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.
(DD) Title IV, Chapter 16, Section 16-52.110B is revised to 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,
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and not objectionable or detrimental to the zone in which they are located.
(EE) 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.
(FF) 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.1.e below.
Substantive intensification of use shall be measured in terms of parking
requirements, number of employees at maximum shift, total floor area
occupied, vehicular trip generation, or other factors within the reasonable
discretion of the Director. The term "use for use changes" is qualified to limit
its applicability to situations where the replacement use is substantially similar
to the prior use in the reasonable discretion of the Director.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of 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, irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION 4. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a
newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town
Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this
ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in
the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the
ordinance along with the names of those Council members voting for and against the ordinance.
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on March 16, 2016, and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on April 6, 2016, by the following vote:
Town of Tiburon Ordinance No. 564 N. S. Effective 05/06/2016 Page f 9
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ERIN TOLLINI, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE:IACOPI, TOWN CLERK
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