HomeMy WebLinkAboutTC Ord 2008-02-20
ORDINANCE NO. 502 N. S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
AMENDING TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON
MUNICIPAL CODE BY MAKING TEXT AMENDMENTS THERETO
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. FINDINGS.
A. On January 23,2008, the Planning Commission adopted Resolution No. 2008-01
recommending to the Town Council that text amendments be made to Title IV,
Chapter 16 (Zoning) of the Tiburon Municipal Code.
B. The Town Council has held a duly noticed public hearing on February 6, 2008, and
has heard and considered 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.
E. The Town Council has found that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan and other adopted
ordinances and regulations of the Town of Tiburon.
F. The Town Council finds that this project has no potential to result in adverse
impacts on the environment and was adequately analyzed in the Environmental
Impact Report certified for the General Plan update in 2005, and no further
environmental review is required.
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. TITLE IV.
CHAPTER 16 (ZONING).
A. Section 16-2.11 is amended to read as follows:
Section 16-2.11 NC zone regulations.
The Neighborhood Commercial (NC) zone is intended to provide for predominantly
resident-serving commercial and office uses, while allowing incidental residential
uses and mixed-use commercial/residential projects in accordance with the General
Plan. Predominantly tourist-oriented uses (e.g. souvenir shops) are strongly
discouraged in this zone.
B. Section 16-2.11.1 is amended to read as follows:
Town ofTiburon Ordinance No. 502 N. S.
Adopted 2/20/2008 - Effective 3/21/2008
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Section 16-2.11.1, Principal uses permitted [NC].
(a) Use-for-use changes (e.g., restaurant to restaurant) when no
intensification of use, as determined by the Director, is proposed; except
as set forth in subsection (e) below. 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.
(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. 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.
(d) Drive-through restaurants, and restaurants that primarily offer fast-food
and/or take-out service, are prohibited.
(e) Tiburon Boulevard-fronting, ground floor commercial office uses shall
not be permitted after March 21, 2008 in newly-constructed or
redeveloped buildings located along "Upper Tiburon Boulevard", as that
area is designated in the Downtown Element of the Tiburon General Plan
on Diagram 4.4-1, without the granting of a conditional use permit
pursuant to Section 16-4.4 and an exception pursuant to Section 16-
2.11.1.1.
C. Section 16-2.11.1.1 is added to read as follows:
Section 16-2.11.1.1 Exception for Street-Fronting Ground Floor Office Use.
An exception may be granted to allow street-fronting, ground floor commercial
office use otherwise prohibited by Section 16-2.11.1 (e), provided that the acting
body finds that the applicant has provided substantial and compelling evidence that
retail, restaurant, or personal service use is not economically viable in the proposed
location.
Town ofTiburon Ordinance No. 502 N. S.
Adopted 2/20/2008 - Effective 3/21/2008
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D. Section 16-2.11.2 is amended (first paragraph only) to read as follows:
Section 16-2.11.2
Conditional uses permitted (NC).
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.
(1) Artist supply stores,......[remainder of section is unchanged]
E. Section 16-2.11.4 is added to read as follows:
Section 16-2.11.4
Minor Floor Area Additions.
Minor floor area additions to properties exceeding FAR limits may be approved
without the need for a General Plan or Zoning Ordinance amendment. Minor floor
area additions are those that do not materially increase parking demand or traffic
generation. A finding must be made by the acting body that there will be no
material adverse effects from the granting of the minor floor area addition.
F. Section 16-2.12 (VC Zone Regulations) is amended to read as follows:
Section 16-2.12
VC Zone Regulations.
(a) The Village Commercial (VC) zone has the same permitted uses and conditional
uses as those set forth in the Neighborhood Commercial zone (see Section 16-
2.11 et seq.), except as follows:
(1) Souvenir shops are allowed in the Village Commercial zone.
(2) As of March 21, 2008, street-fronting ground floor commercial
office uses shall not be permitted on Main Street, covering street
addresses 1 through 100 Main Street inclusive. See Section 16-2.12.1
for an exception process.
(b) The Village Commercial Zone (VC) has the same land and structure regulations
as those set forth in the Neighborhood Commercial zone (see Section 16-2.11 et
seq.), except for the following:
(1) Lot coverage limit: not to exceed twenty-eight percent of the
land area located above the high water line, unless a transfer
of intensity has been approved pursuant to General Plan
Downtown Element policies;
(2) Floor area ratio limit: 0.28, unless a transfer of intensity has
been approved pursuant to General Plan Downtown Element
policies.
Town ofTiburon Ordinance No. 502 N. S.
Adopted 2/20/2008 - Effective 3/21/2008
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G. Section 16-2.12.1 is added to read as follows:
Section 16-2.12.1
Exception for Ground Floor Office Use.
An exception may be granted to allow street-fronting ground floor commercial
office use otherwise prohibited by Section 16-1.12 (a) (2), provided that a
conditional use permit is secured and one or more of the following findings is made
by the acting body:
(a) The space proposed for the commercial office use is not
physically suitable for retail, restaurant, or personal service use.
(b) The applicant has provided substantial and compelling
evidence that retail, restaurant, or personal service use is not
economically viable in the proposed location.
H. Section 16-2.12.2 is added to read as follows:
Section 16-2.12.2
Minor Floor Area Additions.
Minor floor area additions to properties exceeding FAR limits may be approved
without the need for a General Plan or Zoning Ordinance amendment. Minor floor
area additions are those that do not add demand for parking as defined in Section
16-5.8 (Parking and Loading), and do not increase traffic generation. A finding
must be made that by the acting body there will be no material adverse effects from
the granting of the minor floor area addition.
1. Subsection 16-5.4.3 (c) (3) [Alteration, enlargement and replacement] is amended to
read as follows:
An existing commercial building may be rebuilt or reconstructed to the same
floor area as the former structure. If the building is located in Downtown
Tiburon, the resulting building shall substantially conform to the guidelines
of the Downtown Tiburon Design Handbook.
Town ofTiburon Ordinance No. 502 N. S.
Adopted 2/20/2008 - Effective 3/2 J /2008
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SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this chapter is for any
reason held by a court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remaining portions of this chapter. The Town Council declares that it
would have passed this chapter and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that anyone or more section, sentences, clauses or phrases
be declared invalid.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) 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 shall be published with the names of the members voting for and
against it at least once in a newspaper of general circulation in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on February 6,2008, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on February 20,2008, by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Collins, Fredericks, Gram
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Slavitz
LCJrA~<~~
ALICE FREDERICKS, VICE MAYOR
TOWN OF TIBURON
ATTEST:
DIt!!~CLERK
S:\Administration\Town CouncillOrdinanceslZoning Text Amendments 2008. ord.doc
Town ofTiburon Ordinance No. 502 N. S.
Adopted 2/20/2008 - Effective 3/2 J /2008
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