HomeMy WebLinkAboutTC Ord 1970-10-13
AFFIDAVIT
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STATE OF CALIFORNIA
COUNTY OF MARIN
CITY OF TIBURON
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PHIL V. SCOTT, being first duly sworn deposes and says:
That at all times herein mentioned he was and now is the DEVELOPMENT
ADMINISTRATOR of the City of Tiburon, California; that pursuant to
Sec tion_J ,. 3 J of the Government Code, of the State of California,
he posted at three public places within the City of Tiburon to wit:
the City Hall 80 Main Street, Tiburon Fire Department 1679 Tiburon Blvd.
and Tiburon Fire Department, Trestle Glen Blvd. and Paradise Drive .
4J,.. )-8,41.S. AIW....,.~.. ~H.,3 ., #l.. 2,......:, ",.,.......c.
a copy of which is
hereinafter set forth in the form attached hereto.
Said t),..A..........t (. was posted on the aforementioned places in the
City of Tiburon on theh!i day of Mv.-J,~ 1970 .
~~ L., -
Development Administrator
of the City of Tiburon
Subscribed and sworn to before me, a
City Clerk in and for said County and
State, on the /7bf day of
~-J/l~ 19 7ZJ
~ 'dJ~
ORDINANCE NO. 58 N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING
SOCTION 13 OF THE TIBURON ZONING ORDINANCE.
The City Council of the City of Tiburon does ordain as follows:
Section 1. Amendment of Parkin2 and Loadin~ Requirements.
Section 13 of the Tiburon Zoning Ordinance is hereby amended as follows:
Section 13: Parkit12 and Loadit12:
No structures shall be constructed unless spaces for automobile parking
and truck loading and unloading are permanently provided and maintained for the
benefit of residents, employees, customers and visitors, within or outside of
buildings or in a combination of both, in compliance with all the following
requirements:
(A) Provisions of this Section shall not apply to uses or buildings
located within a municipal parking district, or to uses in existence on a
parcel at the effective date of this ordinance. A new use, structure, addition
or alteration on such parcel shall be allowed only if it does not increase or
create a parking deficiency as dete~lned in this section.
(B) The required parking shall be provided on the parcel or contiguous
lot or parcel where the use is located. For non-residential uses, the required
parking may be provided on a parcel no farther than 1000 feet from the boundaries
of the parcel where the use is located, providing that the parcel is within the
City, in the same zone or in a less restrictive zone. The required loading shall
be provided on the parcel where the use is located and no farther than 20 feet
from the building to be served. If the building, structure or improvement
requiring parking space is located on one parcel and the required parking space
provided is on another parcel, partially or wholly, there shall be recorded in
the office of the County Recorder of Marin County, State of California, a
covenant by the owner or owners of said parcels for the benefit of the City
in the form first approved by said City that such owner or owners will continue
to maintain such parking space so long as said building, structure or improve-
ment is maintained within said City. The covenant herein required shall stipu-
late that the title to and right to use the parcel or parcels upon which the
parking space is to be provided will be subservient to the title to the premises
upon which the building has been or is to be, erected and that it is warranted
that said parcel or parcels are not and will not be made subject to any other
covenant or contract for use without prior written consent of the City.
(C) The layout of parking stalls, loading berths and parking aisles
shall be submitted with the application for the applicable land use permits
and shall comply with all the following requirements:
1. The required parking stalls, loading berths and parking aisles
may not be located on any street right-of-way;
2. The required parking stalls, loading berths and parking aisles, if
outdoors, may be located on the required side and rear yards, and within the
required front yards up to 3 feet from the street right-of-way;
3. Each loading berth shall have a min~um size of 12 feet by 35 feet
whether indoors or outdoors; access thereto shall have a minimum IS-foot
vertical clearance;
4. Each parking stall and loading berth shall have behicular access
to tbe street, without passing over other parking stalls;
Draft Date:
Revised:
Revised:
10/1/69
3/13/70
9/14/70
1.
S. Each parking stall, except those serving one and two-family dwell-
ings, shall have vehicular access to the street without backing into it or into
the stall.
6. Dimensions of and access to the required parking stalls shall con-
form as closely as possible to the following diagram: (page ).
7. Each parking stall and aisle, except those accessory to one and
two-family dwellings, shall be graded, drained and surfaced so as to prevent
dust, mud or standing water, and shall be identified by pavement markings to
the satisfaction of the City Engineer;
8. Landscaping, including trees and shrubs for shading and visual
buffering excepting RO.l, RO.2, R.l and R.2 uses, shall be required and shown
as part of the parking layout.
9. In anyone parking lot, prov1s10ns may be made for parking compact
cars, subject to adequate marking, in the following ratios:
I compact space for the first 20 spaces;
I compact space for each additional 5 spaces in excess of 20.
(D) ~provements listed below shall be completed prior to occupancy
under the applicable use;
1. Sufficient lighting shall be provided to protect the public
in a parking area during the time it is accessible to the public after daylight;
glare shall be shielded from contiguous residential buildings;
2. Landscaping as approved on the plans.
(E) The following min~um number of parking stalls shall be required
to serve the uses or buildings listed;
1. One or multi-family residences: one and a half for each dwelling
unit with a minimum of two required;
2. Rooming or boarding house, motel, hotel: one for each rental unit;
3. Hospital, sanitarium, rest home: one for each four beds plus one
space for each two employees of the maximum shift;
4. Place ofas~mbly or worship, mortuary: one for each 4 seats of
maximum seating capacity;
5. Eating or drinking establishment:
one per 3 seats of maximum seating capacity for the first 100 seats;
one per 4 seats of maximum seating capacity for the next 100 seats;
one per 5 seats of maxUnum seating capacity for over 200 seats.
6.
Beauty shop:
Barber shop:
2 for each operating chair;
1 for each operating chair;
7. Retail Sale:
Group 1: Markets, Drugstores, Variety Stores, Hardware Stores,
Gift Shops, Appliance Stores, and like enterprises:
one space per 150 sq. ft.
Group II: Specialty and Single-Purpose Shops, such as Clothing,
Stationery, Music, Toys, Photo Supplies, and like
enterprises: one space per 200 sq.ft.
Group III: Art and Book Stores and Galleries, Florists, Nurseries,
and bulk items such as boats: one space per 250 sq.ft.
2.
Draft Date:
Revised:
Revised:
10/1/69
3/13/70
9/14/70
Any other establishments shall have a parking requirement in the amount
of the group listed above which is most closely similar. The square footage
requirement shall mean gross floor area of the indoor and outdoor use devoted
to such sales, exclusive of rest rooms, receiving areas, and mechanical areas.
8. Office, bank, studio, retail repair and service: one for each 200
square feet of floor area, measured to the nearest 200 square feet;
9. Bulk storage, wholesale, packing, manufacturing, processing, services
or research: one for each employee on maximum working shift;
10. Harbor or Marina: one for each berth, slip or mooring;
11. Where water-oriented uses provide free public boat berths: 2 parking
spaces per berth, if approved by the Planning Commission or one of its boards,
may be subtracted from the parking require~ent. No parking spaces shall be
required for the free public boat berths when oriented to visiting boats.
12. Multiple uses: shall be the sum of the requirements for each indi~
vidual use;
(F) A min~um of one loading berth shall be required in addition to
parking stalls for each 5,000 square feet of floor area or part thereof to serve
the following uses of buildings: office, bank, studio, retail sale, repair and
service, bulk storage, wholesale, packing, manufacturing, processing, services
or research, hospital, sanitarium.
(G) Parking spaces required for one use may utilize the same spaces
required for another use upon approval, by means of appropriate conditions, of
the City Council of said dual parking. The City Council shall not grant such
approval unless it is able to, and does, make the following findings:
1. that the uses for which overlapping parking is being requested
do not have overlapping hours of operation;
2. thatthe parking lot in question is within a reasonable distance
from the uses which parking requirements are to be overlapped.
Failure to abide by the conditions of the approval shall be cause for
revocation of such approval for all uses involved, regardless of
previous approvals.
(H) Change in use - additions and enlargement: Whenever on any parcel
there is a change in use, or increase in floor area or in the number of employees
or other unit of measurement specified hereinabove to indicate the number of
required off-street parking spaces and such change or increase creates a need
for an additional number of off-street parking spaces as determined by Subparagraph
(E), additional off-street parking spaces shall be provided on the basis of the
increased requirements of the new use or on the basis of the total increase in
floor area or in number of employees, or in such other applicable unit of measure-
ment. The effects of additions, enlargements and changes in use subsequent to
the adoption of this Ordinance shall be cumulative in regard to off-street park-
ing requirements.
(I) In lieu payments: In lieu of furnishing the parking spaces required
by the provisions of this Ordinance, the City Council may permit the requirements
thereof to be satisfied by the payment to the City, prior to the issuance of the
building permit, a sum equivalent to the estimated normal current cost to the City
of providing required parking spaces to serve the contemplated use. The amount of
payment for each required parking space shall be fixed annually by the City Council.
An application for permission to make such in lieu payments shall be filed with
the Development Administrator and set for public hearing before the City Council
within thirty (30) days after filing. The City Council may waive all or part of
the parking normally required and require payment in lieu thereof and impose con-
ditions when the facts demonstrate that granting the application:
(a) Will not result in an unreasonable burden on parking facilities
serving the area in which the subject use is ~o be located;
Draft Date:
Revised:
Revised:
Revised:
10/1/69
3/13/70
9/14/70
9/28/70
3.
(b) Will not materially adversely affect the use and enjoyment
of property in the vicinity; and,
(c) Will be in harmony with the general purpose and intent of
this Ordinance and the General Plan.
Section 2. Separability.
If any section, subsection, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by the decision of a
Court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of- the ~rdinance. The City Council of the City of
Tiburon hereby declares that it would have passed this ordinance, and each
section, subsection, clause or phrase ther~of, irrespective of the fact that
anyone or more other sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitutional.
Section 3. Effective Date.
This ordinance shall take effect and be in force thirty days after the
date of passage~ and before expiration of fifteen days after its passage the
same shall be published with the names of the members voting for and against
the same, at least once in a newspaper of general circulation published in the
City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Tiburon held on October 13, 1970, by the following vote:
AYES:
COUNCILMEN: Ellinwood, Sennett, Becker, Fanning, Rice
NOES:
COUNC ILMEN: None
ABSENT:
COUNC ILHEN: None
DENIS T. RICE
Mayor of the City of Tiburon
ATTEST:
~.~
LAtmENCE D. ROSE,
Q~~
City Clerk
--
4.
Draft Date:
Revised:
Revised:
10/1/69
3/13/70
9/14/70