HomeMy WebLinkAboutTC ORd 1999-01-06
ORDINANCE NO. 443 N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
PROHIBITING ANY CONSTRUCTION
ACTIVITY THAT ADVERSELY IMPACTS
THE FREE FLOW OF TRAFFIC
IN THE DOWNTOWN DURING THE
HOLIDAY SEASON
The Town Council of the Town ofTiburon does ordain as follows:
SECTION 1. FINDINGS.
A. Main Street, in the downtown area, is a primary thoroughfare for the Town's retail
district.
B. The holiday season, between Thanksgiving Day and New Year's Day, is generally a
very busy period in the downtown, generating high levels of traffic.
C. The sales that occur during the holiday season are of vital importance to the
downtown retail area, and are likely to be adversely affected by construction activities
that restrict the traffic capacity of streets in the downtown.
SECTION 2. ROAD BLOCKAGES PROHIBITED DURING HOLIDAY SEASON
1. For purposes of this Ordinance, the Holiday Season is deemed to commence at 9 a.m.
on the Saturday before Thanksgiving Day and end at 5 p.m. on January the first.
Notwithstanding the foregoing, ifJanuary the first falls on a Saturday or Sunday, the
Holiday Season shall be extended to 5 p.m. on the first Monday in January.
2. No person or public agency shall conduct road improvement, street repairs or
construction activities that have the affect of restricting, blocking or interfering with
the free flow of traffic on Main Street during the Holiday Season.
3. The Town Manager shall have the authority to waive the application of this
Ordinance, in whole or in part where, in his judgement, the public interest advanced
by the waiver outweighs the likely adverse impacts.
4. Violation of this Ordinance shall be an infraction, punishable by a fine as provided in
Government Code S 36900, or by administrative citation as set forth in Chapter 3 I
of the Town's Municipal Code.
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cubic yards or which requires a grading pennit under the applicable
Unifonn Building Code regulations of the Town.
4.02.03. Application & Information Required.
Application for approval shall be made pursuant to the provisions of Section 3.01.00.
Information and materials necessary to adequately describe the proposed project, as
appropriate to the proposed size, scale, and nature of the project, and as deemed necessary
by the Planning Director or his designee, shall accompany each application. Lists of
information and materials which are typically required for a complete application are
available in the Planning Department.
4.02.04. Notices.
The Planning Director or his designee shall mail courtesy (ie, not required by state or local
law) notices of all applications for Site Plan & Architectural Review to owners of property,
as shown on the latest equalized Marin County assessment roll, located within 300 feet of
the subject property. Courtesy notices for Minor Alterations as set forth in Section 4.02.06
may be mailed only to contiguous property owners, but may include other property owners
as determined by the Planning Department.
4.02.05. Design Review Board as Acting Body.
The Design Review Board shall be the acting body for all applications for Site Plan &
Architectural Review, except as otherwise provided in Section 4.02.06. Hearings and
decisions ofthe Board shall be as set forth in Section 3.03 ofthe Zoning Ordinance.
The Board shall meet and act on applications for Site Plan and Architectural Review
within time limits applicable under State Law. The Board shall determine from the reports
and data submitted, supplemented by on-site inspections as the Board may deem
appropriate, whether the use and structures will meet the requirements and objectives of
this Ordinance, and shall, upon making affirmative findings, approve the application.
If, from the information submitted, the Board finds that the requirements, principles, or
objectives of this Ordinance would not be achieved, it shall disapprove the application or ,
approve it subject to specified conditions, changes, or additions.
The Board may impose such reasonable conditions it determines are necessary to allow it to
make the required findings and which insure that the principles, guidelines and standards
will be met. Conditions required by the Board must be implemented prior to final
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inspection and occupancy, unless otherwise stipulated.
4.02.06. Planning Director as Acting Body on Applications for Minor Alterations.
Site Plan & Architectural Review applications for the following items are considered to be
Minor Alterations and may be acted upon by the Planning Director or his designee in lieu
of the Design Review Board:
a. Residential additions less than 500 square feet in floor area.
b. Accessory buildings or structures less than 500 square feet in floor area.
c. Fences, walls, and/or retaining walls.
d. Minor exterior alterations such as windows, decks, skylights, solar panels,
satellite dishes, and similar items as determined by the Planning Director.
e. Re-roofs.
f. Swimming pools.
g. Spas.
h. Modifications to approved Site Plan & Architectural Review permits when
determined to be minor in nature.
i. Other applications which the Planning Director determines to be appropriate
for Staff action.
The Planning Director may refer any application to the Design Review Board for action.
4.02.07. Guiding Principles in the Review of Applications.
In reviewing applications for Site Plan & Architectural Review, the acting body shall
consider the following principles as they may apply:
(a) Site Plan Adequacy. Proper relation of a project to its site, including that it
promotes orderly development ofthe community, provides safe and
reasonable access, and will not be detrimental to the public health, safety,
and general welfare.
(b) Site Layout in Relation to Adjoining Sites. The location of proposed
improvements on the site in relation to the location of improvements on
adjoining sites, with particular attention to view considerations, privacy,
adequacy ofIight and air, and topographic or other constraints on
development imposed by particular site conditions;
(c) Neighborhood Character. The height, size, and/or bulk of the proposed
Ordinance Amending Tiburon Zoning Ordinance, Adopted 1/6/99 - Effective 2/5/99 4
project bears a reasonable relationship to the character of existing buildings .
in the vicinity. A good relationship of a building to its surroundings is
important. For example, in neighborhoods consisting primarily of one-story
homes, second-story additions shall be discouraged, or permitted with
increased setbacks or other design features to minimize the intrusion on the
neighborhood.
(d) Floor Area Ratio. The relationship between the size and scale of
improvements and the size of the property on which the improvements are
proposed. This concept is known as "floor area ratio" (see Section 4.02.08
below).
(e) Grading & Tree Renwval. The extent to which the site plan reasonably
minimizes grading and/or removal of trees, significant vegetation, or other
natural features of the site such as rock outcrop pings or watercourses.
(t) Compatibility of Architectural Style and Exterior Finish. The architectural
style and exterior finish are harmonious with existing development in the
vicinity and will not be in stark contrast with its surroundings.
(g) Landscaping. Proposed landscaping, insofar as it is used appropriately to
prevent erosion; to protect the privacy of adjoining sites; and to mitigate the
visual and noise impacts of the proposed development. Applicants are
encouraged to use native and drought-resistant landscaping. Proposed
landscaping shall be used which will at maturity minimize primary view
obstruction from other buildings. A cash deposit or other monetary security
may be required to ensure the installation and/or maintenance for a one year
period of any and all landscaping.
(h) Lighting. Proposed lighting, insofar as it should not invade the privacy of
other properties, or produce glare or light pollution; yet provide adequate
illumination for safety and security purposes. The acting body may impose a
condition that following issuance of a certificate of occupancy or final
building inspection, all exterior lighting shall be subject to a 30-day light level
review by the Planning Department to ensure conformance with this
guideline.
(i) Overall Property Improvement. In order to allow the gradual upgrading of
existing development it may be required that improvements to existing
buildings and the site as a whole be made. The review of applications for
additions or modifications to existing development may include conditions
requiring changes and/or modifications to existing buildings and site
improvements for the entire property.
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(j) Appropriate Use of Building Envelope. In Planned Residential (RPD and
RMP) zones, building envelopes are generally intended to provide a larger-
than-needed area for flexibility in the appropriate siting of a main structure
and its accessory structures. The building envelope should not be interpreted
as an area intended to be "filled" by a main structure and its accessory
structures.
4.02.08. Floor Area Ratio Guidelines.
The intent of this section is to provide a "community yardstick" for appropriate residential
size and scale, measured in gross square footage, in relation to the overall size of property
on which the improvements are proposed. It is the intent ofthe Town of Tiburon to
reasonably apply residential floor area ratios with regard to specific site characteristics and
the surrounding pattern of development.
The floor area ratio guideline is intended to discourage overbuilding of property, as often
occurs with "tear-downs" and extensive remodeVadditions on infill sites, and with first-
time residential construction. The Floor Area Ratio Guideline for a lot is not intended as a
target to be achieved, but is intended to indicate a reasonable maximum. The Town may
approve less than the maximum square footage indicated by the floor area ratio guideline
when necessary to achieve compatibility with surrounding development, to maintain the
neighborhood character, or for other good cause.
Floor Area is calculated using the definition contained in Subchapter 1 under "Floor Area,
Gross". Floor area ratio includes accessory buildings as well as any primary building.
Floor area ratio guidelines for the conventional single family and two family residential
zones (R-l, R-I-B, RO-l, RO-2, RPD, and R-2) are as shown in the following table. The
multi-family zone (R-3) has a floor area maximum of .60. Properties in the Residential
Planned Development (RPD) zone are subject to the guidelines in the following table, unless
otherwise specified in a Precise Development Plan. Properties in the Residential Multiple
Planned (RMP) zone have a .30 floor area ratio maximum, unless otherwise specified in a
Precise Development Plan.
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TABLE OF FLOOR AREA RATIO GUIDELINES
Area of Property Gross Floor Area Maximum
Less than 7,500 sq. ft. Thirty-five (35) percent of the
Property area, plus an additional 600 sq. ft. of
garage or carport.
7,500 sq. ft. through Ten (10) percent of the property
60,000 sq. ft. area plus 2,000 sq. ft., plus an
additional 600 sq. ft. of garage
or carport.
More than 60,000 sq. ft. 8,000 sq. ft., plus an additional
750 sq. ft. of garage or carport.
Below are some examples to illustrate the floor area ratio guideline concept:
Example No.1: A 7,400 square foot lot generally could achieve a reasonable size
and scale of residential development with a maximum of 2,590 square feet (.35 x
7,400) of gross floor area, not including up to 600 sq. ft. of garage or carport.
Example No.2: A 10,000 square foot lot generally could achieve a reasonable size
and scale of residential development with a maximum of 3,000 square feet ((.10 x
10,000) + 2,000) of gross floor area, not including up to 600 sq. ft. of garage or
carport.
Example No.3: A 20,000 square foot lot (approximately half-acre) generally could
achieve a reasonable size and scale of residential development with a maximum of
4,000 square feet ((.10 x 20,000) + 2,000) of gross floor area, not including up to 600
sq. ft. of garage or carport.
Example No.4: A 40,000 square foot lot (approximately one acre), generally could
achieve a reasonable size and scale ofresidential development with a maximum of
6,000 square feet ((.10 x 40,000) + 2,000) of gross floor area, not including up to 600
sq. ft. of garage or carport.
Example No.5: A 60,000 sq. ft. lot (and any lot larger in size) generally could
achieve a reasonable size and scale of residential development with a maximum of
8,000 square feet of gross floor area, not including up to 750 sq. ft. of enclosed
garage space provided the lot is larger than 60,000 sq. ft. in area.
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Residential construction in excess of the floor area guidelines may be granted through a
floor area exception if the following findings are made:
1. The applicant has demonstrated that the visual size and scale of the proposed
structure is compatible with the predominant pattern established by existing
structures in the surrounding neighborhood; and
2. The applicant has demonstrated that the proposed structure is compatible with the
physical characteristics of the site. The characteristics include, but are not limited
to, the scale of trees, rock outcroppings, stream courses, land forms, and the
dimensions ofthe lot.
4.02.09. Design Review Guidelines.
In reviewing applications for Site Plan and Architectural Review, the acting body shall also
apply goals and principles, as appropriate to the project, set forth in the booklet entitled,
Town of Tiburon Desi~n Guidelines For Hillside Dwellings and General Design Guidelines
for New Construction and Remodeling, copies of which are available from the Tiburon
Planning Department.
4.02.10. New Construction Projects versus Remodel Projects.
The Town of Tiburon has witnessed an increase in projects which are proposed and
presented as "remodel" projects, but which during implementation essentially become total
or near total demolitions followed by new construction. Since the acting body might reach
different conclusions on an application for Site Plan and Architectural Review if presented
as a remodel as opposed to new construction, the following provisions are established.
Remodel applications for Site Plan & Architectural Review must include a statement,
calculations, and drawings of sufficient detail to demonstrate the percentage of existing
floor area proposed to be demolished. If the floor area to be demolished is less than 50% of
the total existing floor area ofthe building, then the project is classified as a "remodel". If
the floor area to be demolished is equal to or more than 50% of the total existing floor area
of the building, then the project shall be classified as "new construction", with the
expectation that the building is to conform with the appropriate zoning standards for new
construction.
If an application is filed and approved as a "remodel" project, but prior to or during
construction expands to become a "new construction" project as defined herein, all zoning
and building permit approvals shall become null and void. The applicant shall be required
to resubmit applications for Site Plan & Architectural Review approval and building
Ordinance Amending Tiburon Zoning Ordinance, Adopted 1/6/99 - Effective 2/5/99 8
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permits as "new construction". The Planning Director shall have authority to waive this .
requirement in cases where the public safety and necessity require the additional
demolition, or in de minimis cases.
4.02.11. Staff Conformance Check.
Following Site Plan and Architectural Review approval, upon submittal by the applicant
for a building permit, the Planning Director or his designee shall review the building
permit submittal for substantial conformance with the Site Plan and Architectural Review
approval. No building permit shall be issued until such conformance has been
demonstrated.
4.02.12. Appeals.
Decisions of the Design Review Board on applications for Site Plan & Architectural Review
may be appealed to the Town Council as provided in Section 3.08.00.
Decisions of the Planning Director or his designee on applications for Site Plan &
Architectural Review may be appealed within five (5) working days to the Design Review
Board, which shall follow the same procedures for hearing the appeal as set forth for the
Town Council in Section 3.08. Notwithstanding provisions of Section 3.08 to the contrary,
the decision of the Design Review Board on appeal shall be final.
4.02.13. Expiration of Site Plan and Architectural Review Approval; Reapplication After
Denial.
Site Plan and Architectural Review approval shall expire and become null and void three
(3) years after the date of approval unless a building permit has been issued before the date
of expiration.
Following the denial of an application for Site Plan and Architectural Review, no
application for the same or substantially the same project shall be filed within one year of
the date of denial unless the denial is made without prejudice.
Section 4. Severability.
If any section, subsection, sentence, clause 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 section, subsection, sentence, clause or phrase shall be deemed severable
Ordinance Amending Tiburon Zoning Ordinance, Adopted l/6/99 - Effective 2/5/99 9
and shall not affect the validity of the remaining portions of the Ordinance. The Town .
Council ofthe Town of Tiburon hereby declares that it would have passed this Ordinance,
any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any
one or more other sections, subsections, sentences, clauses or phrases may be declared
invalid or unconstitutional.
Section 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage. Pursuant to the provisions of Government Code Section 36933, a summary of this
ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the
Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1)
publish the summary, and (2) post in the office of the Town Clerk a certified copy ofthis
ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk
shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy
of the full text 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 ofthe
Town of Tiburon on December 2, 1998, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on January 6,1999, which was noticed pursuant to
Government Code 50022.3, by the following vote:
AYES: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews,
Thompson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
/flt~
DIANE L. CRANE, TOWN CLERK z98-0 1 b2.ord
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