HomeMy WebLinkAboutTC Agd Pkt 2014-02-05 (2)TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
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From:
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Reviewed By:
BACKGROUND
Mayor and Members of Town Council
Community Development Department
Town Council Meeting
February 5, 2014
Agenda Item:
Consider Recommendation to the Town Council Regarding Text
Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code
This item proposes a number of clean-up text amendments to the Tiburon Zoning Ordinance to
address issues that have arisen and to correct or clarify minor text discrepancies and errors that
have been discovered since the adoption of the comprehensive Zoning Ordinance update in 2010.
W rl11001e(e'
The Planning Commission held a public hearing on the proposed text amendments to the Zoning
Ordinance on October 23, 2013. The staff report for that meeting (Exhibit A) contains
descriptions of the various amendments and their intended purposes. A supplemental staff report
(Exhibit B) contained several recommended revisions to the draft text amendments described in
the original staff report.
At that meeting, the Planning Commission heard testimony from several residents who supported
the recommended changes that would expand the list of addresses where street- fronting ground
floor office uses are prohibited (without the granting of an exception) to include additional
properties along Tiburon Boulevard. Minutes of the meeting are attached as Exhibit C. The
Commission adopted Resolution No. 2013 -12 (Exhibit D) recommending approval of the text
amendments to the Town Council. A diagram showing the location of the expanded list of
addresses is attached as Exhibit F.
Staff also recommends an additional finding be included to ensure that a future ground floor
office use is not proposed in an inappropriate location based on general plan and zoning
conformance. Staff therefore recommends that Section 16- 22.040 (3[2]) be amended as follows:
2. Exception for street- fronting ground floor office use in the VC zone and 1690
through 1698 Tiburon Boulevard. An exception may be granted to allow street -
fronting ground floor office use otherwise prohibited by Section 16- 22.030
(Commercial Zones Allowable Land Uses and Permit Requirements), provided
that the following finding (a) below is made and one or more of the following
findings (b) and (c) is made by the Review Authority:
TOWN OF TIBURON PAGE 1 OF 2
Town Council Meeting
February 5,2014
a. The use is otherwise consistent with General Plan and Zoning Ordinance
provisions and the findings can be made for approval of a conditional use
permit for the use.
b. The space proposed for the office use is not physically suitable for retail,
restaurant, or personal service use.
C. The applicant has provided substantial and compelling evidence that retail,
restaurant, or personal service use is not economically viable in the
proposed location.
► \/ 1 C 1 Uu_1_ '
The proposed clean-up amendments are exempt from CEQA on the basis that they have no
potential to result in adverse impacts on the environment or were adequately analyzed in prior
environmental documents prepared for the comprehensive update of the Tiburon Zoning
Ordinance in 2010. No further environmental review is required.
PUBLIC COMMENT
As of the date of this report, no letters have been received regarding the proposed zoning text
amendments.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing and take testimony on the proposed text amendments to
Chapter 16 (Zoning) of the Municipal Code; and
2. Consider adoption of the draft ordinance (Exhibit E). The procedure for adoption
would be to move to read by title only, waiving any additional reading, and
introduce the ordinance amending Title IV, Chapter 16 (Zoning) of the Tiburon
Municipal Code. Pass the reading by roll call vote. If the first reading is passed,
the item will return for final adoption on a future consent calendar.
1 W41611.11 V
A. Planning Commission staff report dated October 23, 2013
B. Supplemental Planning Commission staff report dated October 22, 2013
C. Minutes of the October 23, 2013 Planning Commission meeting
D. Planning Commission Resolution.No. 2013 -12
E. Draft Ordinance
F. Diagram of Downtown Tiburon zoning
Prepared By: Daniel M. Watrous, Planning Manager
S. IAdministrationlTown CounciAStaffRepartsQ0141February 5 DrajtslZaning Ordinance Text Amendmenis.doc
TOWN OF TIBURON PAGE 2 O 2
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Members of the Planning Commission
Community Development Department
Planning Commission Meeting
October 23, 2013
Agenda Item:
Consider Recommendation to the Town Council Regarding Various Text
Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code
Staff recommends a number of clean-up text amendments to the Tiburon Zoning Ordinance to
address issues that have arisen and to correct or clarify minor text discrepancies and/or errors that
have been discovered since the adoption of the comprehensive Zoning Ordinance update in 2010
and the most recent Zoning Ordinance update in 2012.
ANALYSIS
The following amendments are proposed to the text of the Zoning Ordinance:
ARTICLE II (ZONES AND ALLOWABLE LAND USES)
16 -22 Commercial Zones
As a result of the Planning Commission's recent denial of a conditional use permit application for
a ground floor office use on property located at 1704 Tiburon Boulevard, Town staff has looked
into whether the areas in which such office uses are generally not permitted should be expanded.
Currently, Section 16- 22.030 (B[2]) (Permitted uses in the VC zone) reads as follows:
"Street- fronting ground floor office uses shall not be permitted on Main Street, covering
street addresses 1 through 100 Main Street inclusive."
In addition, Section 16- 22.030 (A[l(e)]) (Permitted uses in the NC zone) reads as follows:
"Tiburon Boulevard- fronting ground floor office uses shall not be permitted in newly -
constructed or redeveloped buildings located along "Upper Tiburon Boulevard ", as that
area is defined in the Tiburon General Plan Downtown Element on Diagram 4.4 -1,
without the granting of a Conditional Use Permit in compliance with Section 16- 52.040
(Conditional Use Permits) and an exception in compliance with Subsection 16- 22.040.B.I
(Exception for street - fronting ground floor office use in the NC zone)."
TOWN OF TI3uRON EXHIBIT NO.-A- PAGE 1 OF 7
Planning Commission Meeting
October 23, 2013
The Tiburon General Plan recognizes that ground floor commercial offices can discourage
pedestrian traffic in Downtown Tiburon and lessen the overall economic vitality of the
commercial heart of the town. The above- mentioned code sections implement the following
policies contained in the Downtown Element of the Tiburon General Plan:
DT -3: The Town shall actively promote the economic vitality of its Downtown.
DT -16: In order to encourage pedestrian use and enjoyment of Main Street, the Town
shall discourage commercial office uses from occupying ground floor space suitable for
retail and restaurants on Main Street and Ark Row.
Staff reviewed the existing uses and physical characteristics of the properties immediately west of
Main Street along Tiburon Boulevard. The existing uses in this area are summarized as follows:
1704 Tiburon Boulevard: Vacant (previously Maria French Cleaners; dry cleaning
establishment)
1696 Tiburon Boulevard: New Morning Cafe (restaurant)
1694 Tiburon Boulevard: Grass Shack (restaurant/ice cream parlor)
1690 Tiburon Boulevard: Bradley Real Estate (real estate office)
Unique Boutique (retail clothing store)
Demo Sports (sports equipment sales and rentals)
The building at 10 Main Street/1704 Tiburon Boulevard is situated close to the property line, near
Ferry Plaza and lower Main Street and directly adjacent to Fountain Plaza, which has become
another major hub for pedestrian traffic in Downtown. The buildings at 1690 -1696 Tiburon
Boulevard are similarly located near the front property lines and provide a pedestrian- friendly
environment, particularly with the outdoor seating and tables provided by New Morning Cafe and
the Grass Shack.
The pedestrian- oriented character of this area diminishes to the west of 1690 Tiburon Boulevard.
The next building to the west is the two -story Mantegani building (1680 Tiburon Boulevard),
which contains a mix of office and service uses. This building is set far back from Tiburon
Boulevard, with a parking lot at the front of the site that interrupts the pedestrian flow along
Tiburon Boulevard at this point.
There appears to be a clear break in the character of the buildings, uses and activities at the
western end of the building at 1690 Tiburon Boulevard. Up to that point, the buildings and
improvements along this stretch of Tiburon Boulevard lend themselves toward uses that carry on
the pedestrian activity associated with Main Street and are in close proximity to the activities of
Ferry Plaza and Fountain Plaza. After that point, the distance from activity centers and the
building setbacks are less likely to encourage pedestrians to travel west from Main Street.
Staff recommends that Section 16- 22.030 (A[l(e)]) be amended to read as follows:
"Street- fronting around floor office uses shall not be permitted on street addresses 1690
through 1704 Tiburon Boulevard inclusive. Tiburon Boulevard- fronting ground floor
office uses shall not be permitted in newly - constructed or redeveloped buildings located
along "Upper Tiburon Boulevard ", as that area is defined in the Tiburon General Plan
TOWN OF TIBURON PAGE 2 OF 7
EXHIBIT N0. A_
Planning Commission Meeting
October 23. 2013
Downtown Element on Diagram 4.4 -1, without the granting of a Conditional Use Permit
in compliance with Section 16- 52.040 (Conditional Use Permits) and an exception in
compliance with Subsection 16- 22.040.B.1 (Exception for street - fronting ground floor
office use in the NC zone)."
ARTICLE III (GENERAL DEVELOPMENT STANDARDS AND PARKING
STANDARDS)
16 -30 Standards for All Development and Land Uses
16- 30.050 — Height Limits and Exceptions
Section 16- 30- 050(D) lists exceptions that may be granted to the height limits that are contained
in the Zoning Ordinance. In most zones, accessory structures are limited to a maximum height of
15 feet. Subsection 2 of this code section states that "spires, flag poles, radio and television
towers or antennas, and similar features, of minimal area and bulk, may exceed maximum height
limits by up to three feet or as required by the California Building Code." According to this
exception, a flag pole would be allowed a maximum height of 18 feet in most zones.
However, the Tiburon Sign Ordinance (Chapter 16A of the Municipal Code) includes regulations
for flags. Sections 16A.710 (b[4]) and 16A.725 (e) set the maximum height of any freestanding
flag pole at 24 feet.
To ensure consistency between the Zoning Ordinance and the Sign Ordinance, staff recommends
that Section 16- 30- 050(D) be amended to read as follows:
2. Spires, flag poles, radio and television towers or antennas, and similar features, of
minimal area and bulk, may exceed maximum height limits by up to three feet or
as required by the California Building Code. The height restrictions shall not apply
to antennas for wireless communication facilities licensed by the Federal
Communications Commission when a Conditional Use Permit has been obtained
for that use in compliance with Section 16- 52.040 (Conditional Use Permit) and
Section 16 -42 (Wireless Communications Facilities).
5. Flag poles shall have a maximum height of twenty -four feet.
ARTICLE V (ZONING PERMIT PROCEDURES)
16 -52 Permit Review and Decisions
16- 52.020 — Site Plan and Architectural Review
An existing building on a lot is often demolished to make way for construction of a new building
on the site. In most instances, the applicant indicates a request to demolish the existing building
as part of an application to construct a new building. However, on occasion an applicant will
request a demolition permit from the Building Division to remove the existing building before a
Site Plan and Architectural Review application has been submitted for construction of a new
TOWN OF TI uRON PAGE 3 OF 7
EXHIBIT N0. A
Planning Commission heeling
October 13, 2013
building. In these cases, the demolition may cause issues related to views, privacy, landscaping,
safety and attractive nuisance that would normally be addressed during the Design Review
process for the new building on the lot. In addition, recent court case law dictates that absent an
associated discretionary permit, historic structures may be demolished by obtaining a ministerial
building (demolition) permit, without triggering any review under the California Environmental
Quality Act.
To ensure that these issues are addressed, the categories of "demolition of an existing main
building on a lot' and "demolition of any structure on a property listed on a local historic
inventory or eligible for listing on a state or federal historic registry" would be added to Section
16- 52.020 (B) as actions that require Site Plan and Architectural Review approval, and added to
Section 16- 52.020 (F) to allow the potential for Staff approval of such an application if
warranted.
Section 16- 52.020 (K) addresses the differences between new construction and remodel projects
and the consequences if a project is approved as a remodel project and later becomes a new
construction project. Subsection 2 of this section currently reads as follows:
2. If an application is filed and approved as a remodel project, but prior to or during
construction expands to become anew construction project as defined herein, all
related Zoning and Building Permit approvals shall become null and void. The
applicant shall be required to resubmit applications for Site Plan and Architectural
Review approval and Building Permits as a new construction project. The 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.
The inclusion of building permits in this section is inappropriate, as it incorrectly gives authority
within the zoning Ordinance over permits that are under the jurisdiction of the Building Code. As
a result, staff recommends that Section 16- 52.020 (K[2]) be amended to read as follows:
2. 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
gpplicable related Zoning eted Building Permit approvals shall become null and
void. The applicant shall be required to resubmit applications for Zoning Permit
Site Phm and Ar-ehkeet�afal Review approval and Building Pefff4ts as a new
construction project. The 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.
16- 52.040 — Conditional Use Permit
Section 16- 52.040 (D) lists the "factors to be considered in determining whether or not any
conditional use should be permitted in a specific location." These factors do not include
consideration of whether a proposed use would contribute to the vibrancy or vitality of the
surrounding area, particularly in Downtown Tiburon.
The Downtown Element of the Tiburon General Plan includes the following policies:
TOWN OF TIBURON � PAGE 4 OF 7
���II�IT N0.
PlamiingConnnission Mecting
�� tober?1 ,'013
DT -2: Resident - serving land uses shall be encouraged throughout Downtown.
DT -3: The Town shall actively promote the economic vitality of its Downtown.
Neighborhood Commercial District Policies
DT -12: The Neighborhood Commercial land use designation shall permit primarily
resident - serving commercial and residential uses.
Village Commercial District Policies
DT -16: In order to encourage pedestrian use and enjoyment of Main Street, the Town
shall discourage commercial office uses from occupying ground floor space suitable for
retail and restaurants on Main Street and Ark Row.
To recognize the need to "promote the economic vitality" of Downtown Tiburon, staff
recommends that the following section be added to Section 16- 52.040 (D):
6. The contribution that the proposed use would make to sustaining and improving
the economic vitality and vibrancy of Tiburon, including encouraging resident -
serving or tourist - serving uses in appropriate areas and uses that promote
pedestrian activity.
16- 52.110 — Home Occupations
Section 16- 52.110 (E) includes a typographical error that incorrectly refers to Section 16- 50.020
(Authority for Land Use and Zoning Decisions) as Section 16- 52.020.
ARTICLE VH (INCLUSIONARY HOUSING AND DENSITY BONUSES)
16 -70 Amount of In -Lieu Housing Fee
Table 7 -1 in Section 16 -70 establishes the amount of in -lieu housing fees that are required to be
paid for any residential development creating three through six new lots or dwelling units as a pro
rata monetary contribution to the Town's in -lieu housing fund. The fees listed in Table 7 -1 were
calculated based upon 2008 income levels and can be updated to reflect 2013 income levels. Staff
recommends that Table 7 -1 be amended to read as follows:
TOWN OF TIBURON A PAGE 5 OF 7
EnIIIBIT N0.
Planning Commission A.teeting
October 23, 2013
Table 7 -1.
Example Housing In -Lieu Fee Calculation'
Cost to construct a modest single - family dwelling unit of 1500 square feet
Assumptions:
A. Land and site development costs
$350,0002
B. Construction costs @ $2252 per sq. ft.
$375;000 337.500
C. Total of A and B above
$72000 687.500
Moderate - income purchase price affordability calculation.
Assumptions:
A. Current median income for 4- person household
Effective 2/13/081/1/2013
$9473W 101.2002
B. 4- person household at 80% of median income
$448 809502
C. 6 259A 4.500/6 fixed rate mortgage, 95%2 to value ratio 5% down - payment, O�oA 1.50% pdvate
mortgage insurance. o
D. 25p2 for mortgage payment
E. Mortgage payment equates to:
$4;6721 690 per month
F. Loan amount equates to:
$238;999 268.400
G. Affordable purchase pace:
$250;600 282.500
In -lieu housing fee calculation (using these variables):
A. Total construction cost:
I $723;000 687.500
B. Affordable purchase price:
I $250,500 282.500
C. In -lieu housing fee (per unit):
I $474,500405.000
Note
1. This is an example of housing in lieu fees, based on 2008 2013 income levels. The Housing Authority
updates income levels annually; therefore in -lieu fees will vary by year.
2. Denotes a variable subject to periodic updating or determination by the Director.
ENVIRONMENTAL REVIEW
The proposed clean-up amendments are exempt from CEQA on the basis that they have no
potential to result in adverse impacts on the environment or were adequately analyzed in prior
environmental documents prepared for the comprehensive update of the Tiburon Zoning
Ordinance in 2010. No further environmental review is required.
RECOMMENDATION
Staff recommends that the Planning Commission:
Hold a public hearing and discuss the proposed text amendments to Chapter 16
(Zoning) of the Municipal Code; and
2. Adopt the attached Resolution (Exhibit 1) recommending approval of the text
amendments to the Town Council.
TOWN OF TIBURON PAGE 6 OF 7
End =iB�IT NO.=
Nannin Cnmmis <ion ` c:ctin
EXHIBIT
1. Draft Resolution
Prepared By: Daniel M. Watrous, Planning Manager
S. IPla ninglPlanning CommissimAStaff Reports120131October 13 meetinglZoning OrdinanceText Amendments.doc
TOWN OF TIBURON /� PAGE 7 OF 7
EnHIBIT N0. A
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
SUPPLEMENTAL O.
Date: October 22, 2013
To: Planning Commission
From: Dan Watrous, Planning Manager
Subject: Proposed Zoning Text Amendments, Item 2 on the October 23, 2013 Planning
Commission Agenda
Since we prepared the staff report for the proposed amendments to the Zoning Ordinance scheduled for
the October 23, 2013 Planning Commission meeting, staff has realized that one of the recommended
amendments requires certain revisions. The recommended amendment that would extend the prohibition
on ground floor office uses in Downtown Tiburon would be applied to properties in both the NC and VC
zones. The staff report recommends that Section 16- 22.030 (A[1 (e)]) be amended to read as follows:
"Street - fronting ground floor office uses shall not be permitted on street addresses 1690 through
1704 Tiburon Boulevard inclusive. Tiburon Boulevard - fronting ground floor office uses shall not
be permitted in newly - constructed or redeveloped buildings located along "Upper Tiburon
Boulevard ", as that area is defined in the Tiburon General Plan Downtown Element on Diagram
4.4 -1, without the granting of a Conditional Use Permit in compliance with Section 16- 52.040
(Conditional Use Permits) and an exception in compliance with Subsection 16- 22.040.B.1
(Exception for street- fronting ground floor office use in the NC zone)."
The addresses from 1690 through 1698 Tiburon Boulevard are located in the NC zone, while the addresses
between 1700 and 1704 Tiburon Boulevard are located in the VC zone. The draft amendment language
would have been included only in the section of the Zoning Ordinance pertaining to the NC zone.
In order to ensure that the proposed amendment would correctly place these restrictions in the appropriate
zoning districts, staff recommends that the abovementioned language be replaced by the following
amendments.
Section 16- 22.030 (A[1(e)]) shall be amended to read as follows:
e. Tiburon Boulevard- fronting ground floor office uses shall not be permitted in newly-
constructed or redeveloped buildings located along "Upper Tiburon Boulevard ", as that
area is defined in the Tiburon General Plan Downtown Element on Diagram 4.4 -1,
without the granting of a Conditional Use Permit in compliance with Section 16- 52.040
(Conditional Use Permits) and an exception in compliance with Subsection 16- 22.040.B.I
(Exception for street - fronting ground floor office use in the NC zone). Street - fronting
ground floor office uses shall not be permitted on street addresses 1690 through 1698
Tiburon Boulevard inclusive without the granting of a Conditional Use Permit in
compliance with Section 16- 52.040 (Conditional Use Permits) and an exception in
compliance with Subsection 16- 22.040.B.2 (Exception for street - fronting ground floor
Page I o{ 2
EXHIBIT N0.
Section 16- 22.030 (B[2]) shall be amended to read as follows:
2. Street - fronting ground floor office uses shall not be permitted on Main Street, covering
street addresses 1 through 100 Main Street and 1700 through 1704 Tiburon Boulevard
inclusive without the granting of a Conditional Use Permit in compliance with Section I&
52.040 (Conditional Use Permits) and an exception in compliance with Subsection 16-
22.040.13.2 (Exception for street- fronting ground floor office use in the VC zone and 1690
through 1698 Tiburon Boulevard) See Subsection 16- 22.040.13.2 (Exception for street -
fronting ground floor office use in the VC zone).
Section 16- 22.040 (B[2]) shall be amended to read as follows:
2. Exception for street - fronting ground floor office use in the VC zone and 1690 through
1698 Tiburon Boulevard. An exception may be granted to allow street - fronting ground
floor office use otherwise prohibited by Section 16- 22.030 (Commercial Zones Allowable
Land Uses and Permit Requirements), provided that a Conditional Use Permit is secured
and one or more of the following findings is made by the Review Authority:
a. The space proposed for the 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.
Staff will further discuss these proposed changes at the Planning Commission meeting.
2 tit I
E °HIBIT N0.
2. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL REGARDING
VARIOUS TEXT AMENDMENTS TO TITLE IV, CHAPTER 16 (ZONING) OF
THE TIBURON MUNICIPAL CODE [DW]
Planning Manager Watrous said staff is recommending a number of clean-up text amendments to
the Tiburon Zoning Ordinance to address issues that have arisen and to correct or clarify minor
text discrepancies and/or errors that have been discovered since the adoption of the
comprehensive Zoning Ordinance update in 2010 and the most recent Zoning Ordinance update
in 2012.
The first item is related to the recent denial of the use permit for ground floor use of office space
at 1704 Tiburon Boulevard. Currently the zoning ordinance has limitations as to where such uses
can go. The downtown element of the General Plan states the Town shall actively promote the
economic vitality of downtown area, and to encourage pedestrian use and enjoyment of Main
Street, the Town shall discourage commercial offices occupying ground floor space suitable for
retail or restaurants on Main Street and Ark Row. Staff has looked at some of the areas west of
Main Street, particularly from 1690 to 1704 Tiburon Boulevard, which are on or close to
Fountain Plaza. There seems to be a break after 1690 Tiburon Boulevard where the area is less
pedestrian friendly and less likely to draw pedestrian traffic. Staff has created a supplemental
staff report to clarify proposed text changes to the zoning ordinance in those areas.
Planning Manager Watrous described the other proposed amendment as follows:
• A change to the height of flag poles to add the limit of 24 feet to the zoning ordinance;
• Changes to the Site Plan and Architectural Review requirements to require demolition of
an existing main building on a lot to receive prior design review approval;
• A change to the section dealing with new construction and remodeling projects to
eliminate references to building permits, which are inappropriately referenced in the
zoning ordinance;
• Suggesting a change to the conditional use permit factors to be considered in determining
whether a use would be allowed in certain locations; specifically related to vibrancy and
vitality of the downtown area consistent with General Plan policies;
• Proposing to correct a typographical error in the Home Occupation section; and
• Updating Table 7 -1 regarding affordable housing in -lieu fee calculations.
Vice Chair Welner asked if the effect of the proposed text change regarding ground floor
restrictions would apply to existing uses or only to permits applied for in the future. Planning
Manager Watrous said that it was intended only for future uses and a conditional use permit
would only be required for a change of use.
Commissioner Tollini asked about Neil Sorensen's letter [representing 1704 Tiburon Boulevard]
and the legality of the proceedings at this meeting. Director Anderson said that the Town
Attorney looked at this letter and researched applicable State laws. He stated that the Town
mailed a notice to the property owner on October 9, 2013. He said that Mr. Sorensen's letter
states that the notice was defective because it did not list all code sections, but Mr. Anderson said
that there is nothing in the law that states every code section must be listed in the notice, and the
E-KrIiIBIT N0. C
TIBURON PLANNING COMMISSION MINUTES - OCTOBER 23, 2013 MINUTES NO. 1037 PAGE 3
notice was very clear about potential changes affecting the property in question. He said that the
Town Attorney believed the Town's notice process on this matter to be compliant with the law.
Director Anderson further stated that it was not the Town's intention to have the zoning
ordinance text amendments heard by the Town Council prior to the appeal for the property
represented by Mr. Sorensen was heard by the Town Council.
Commissioner Tollini asked how the timing would play out. Director Anderson said that the
amendments could be delayed until after the appeal is heard in January, or the Commission could
act on the remainder of the amendment except for this portion in dispute. He said that if the text
amendments are recommended for approval by the Commission at this meeting, then the Town
Council would have to deal with the timing issue.
Commissioner Corcoran noted that he also spoke with the Town Attorney and confirmed that she
made the same points listed by Director Anderson with respect to the public hearing notice.
Commissioner Tollini asked what is currently located at 1698 Tiburon Boulevard. Director
Anderson answered that nothing is at that address now, but there have been various addresses in
the buildings over the years and it was safer to cover the entire range of address possibilities in
the ordinance.
Vice Chair Weiner opened the public hearing.
Janice Anderson -Gram, member of the Tiburon Marketing and Communications Task Force,
stated that the Task Force's strong belief was that restrictions against ground floor office uses
should be increased to include Fountain Plaza and Tiburon Boulevard near downtown. She said
that office uses totally interrupt the flow of pedestrians and make an area become a dead zone.
She read a letter from 11 downtown merchants in support of restricting all ground floor space to
restaurant and/or retail business uses and in favor of denying the appeal of the proposed tenant to
protect the character and liveliness of downtown.
Michael Koskie, also a member of the Task Force, said that they have been meeting regularly for
the past three years to come up with strategies to revitalize the downtown area. He said that it
was critical to have a proper tenant base to attract people to downtown.
Todd Garrett, also a member of the Task Force, said that it was very clear that the Town has the
right to determine the type of businesses in the downtown area and he read language from the
General Plan. He said that every one of the downtown merchants who signed the letter supported
what staff is recommending regarding the restrictions on the ground floor space of buildings. He
said that the downtown vitality would be dramatically enhanced and he had not heard from
anyone who did not support this.
Colin Probert, also a member of the Task Force, showed photos of the downtown area and then a
photo of Strawberry Village and stated that that is what they could have in downtown Tiburon.
He said that the area near the Larkspur Ferry is an example of the vitality they could have in
downtown Tiburon.
EXHIBIT N0. C
TIBURON PLANNING COMMISSION MINUTES - OCTOBER 23, 2013 MINUTES NO. 1037 PAGE 4
Tom Gram reported that the Town Council started this process in 2004 or 2005 in the General
Plan update and tried to avoid repeating some prior mistakes on Main Street by allowing office
space at 39 Main Street. He said that end of Main Street on the water side is a "dead" space and
it discourages people from going further on to Ark Row. He said that the rule is to not mix office
and retail at street level. He urged the Commission to pass the amendments on to the Town
Council as recommended by staff.
Vice Chair Welner closed the public hearing.
Commissioner Corcoran said that he fully supported increasing pedestrian activity in downtown.
He thanked the members of the Task Force for coming to the meeting and for volunteering their
time to improve downtown, which he felt demonstrates the passion people have in improving the
downtown area. He felt that progress is being made and these proposed changes would make a
difference. He pointed out that the Cove Shopping Center had been revitalized to a place of
activity because of a couple of new tenants, and he suggested that having the right tenants in
downtown would make a difference.
Commissioner Tollini said that many of the provisions were clean-up items and the one change
that was substantive regarded office space on the ground floor of buildings. She said that she
completely supported the proposed amendments. She said if the amendments are considered by
the Town Council before the appeal for 1704 Tiburon Boulevard, she recommended that the
appellant should not be subject to something that would be adopted after their appeal.
Vice Chair Welner agreed with the other Commissioners that the other provisions are non-
controversial. He said that his key issue with the proposed amendments was addressed, as he
wanted to be sure that the amendments would not affect any existing tenants. He said that he
was not concerned about the timing of this going to the Council because the Council will have
full discretion to continue it if they want to and to take any legal implications into consideration.
ACTION: It was WS (Corcoran/Tollini) to adopt the resolution recommending approval of the
text amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code as reflected in
the Supplemental Staff Report to the Town Council. Motion carried: 3 -0.
MINUTES:
3. PLANNING COMMISSION MINUTES — Regular Meeting of August 28, 2013
ACTION: It was M/S (Corcoran/Tollini) to approve the minutes of the August 28, 2013 meeting
as submitted. Motion carried: 3 -0.
EXHIBIT NO. C.,_ _.
TIBURON PLANNING COMMISSION MINUTES - OCTOBER 23, 2013 MINUTES NO. 1037 PAGE 5
RESOLUTION NO. 2013-12
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION
OF TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE
WHEREAS, the Town of Tiburon has initiated text amendments to the Town's Zoning
Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and
WHEREAS, a display ad notice of the public hearing on the amendments was published
in the Ark newspaper on October 9, 2013 and other noticing was provided as required by law;
and
WHEREAS, the Planning Commission did hold a duly noticed and advertised public
hearing on October 23, 2013 and considered any testimony received during the public hearing;
and
WHEREAS, the Planning Commission has determined that the proposed clean-up
amendments are exempt from CEQA on the basis that they have no potential to result in adverse
impacts on the environment or were adequately analyzed in prior environmental documents
prepared for the Housing Element update in 2012 and for the comprehensive update of the
Tiburon Zoning Ordinance in 2010, and that no further environmental review is required; and
WHEREAS, the Planning Commission finds that the proposed zoning text amendments
are consistent with the goals, policies, and programs of the Tiburon General Plan and are
consistent with the objectives of the Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the Town Council adopt the Zoning Ordinance text amendments as set forth in
the attached Exhibit "A ", entitled "Town of Tiburon Title IV Chapter 16 of the Municipal Code
(Zoning Ordinance), Planning Commission Recommended Amendments, October 2013."
PASSED AND ADOPTED at a regular meeting of the.Planning Commission of the
Town of Tiburon held on October 23, 2013, by the following vote:
AYES: COMMISSIONERS: WELNER, CORCORAN AND TOLLINI
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WELLER AND KULIK
N WE R, VICE -CHAIR
n Tiburon Planning Commission
4
ATTEST:
SCOTT ANDERSON, SECRETARY
Attachment: Exhibit "A"
TIBURON PLANNING COMMISSION RESOLUTION N0.2013 -12 EXHIBIT OCTOBER NO23 2 1
�
Exhibit A
Town of Tiburon Title IV Chapter 16 of the Municipal Code (Zoning Ordinance),
Planning Commission Recommended Amendments, October 2013
ARTICLE H (ZONES AND ALLOWABLE LAND USES)
16 -22 Commercial Zones
Section 16- 22.030 (A[1(e)]) shall be amended to read as follows:
e. Tiburon Boulevard- fronting ground floor office uses shall not be permitted
in newly - constructed or redeveloped buildings located along "Upper
Tiburon Boulevard ", as that area is defined in the Tiburon General Plan
Downtown Element on Diagram 4.4 -1, without the granting of a
Conditional Use Permit in compliance with Section 16- 52.040
(Conditional Use Permits) and an exception in compliance with
Subsection 16- 22.040.B.1 (Exception for street - fronting ground floor
office use in the NC zone). Street - fronting ground floor office uses shall
not be permitted on street addresses 1690 through 1698 Tiburon
Boulevard inclusive without the granting of a Conditional Use Permit in
compliance with Section 16- 52.040 (Conditional Use Permits) and an
exception in compliance with Subsection 16- 22.040.B.2 (Exception for
street - fronting around floor office use in the VC zone and 1690 through
1698 Tiburon Boulevard).
Section 16- 22.030 (B[2]) shall be amended to read as follows:
2. Street - fronting ground floor office uses shall not be permitted on Main
Street, covering street addresses 1 through 100 Main Street and 1700
through 1704 Tiburon Boulevard inclusive without the granting of a
Conditional Use Permit in compliance with Section 16- 52.040
(Conditional Use Permits) and an exception in compliance with
Subsection 16- 22.040.B.2 (Exception for street - fronting ground floor
office use in the VC zone and 1690 through 1698 Tiburon Boulevard).
Section 16- 22.040 (B[2]) shall be amended to read as follows:
2. Exception for street - fronting ground floor office use in the VC zone and
1690 through 1698 Tiburon Boulevard. An exception may be granted to
allow street - fronting ground floor office use otherwise prohibited by
Section 16- 22.030 (Commercial Zones Allowable Land Uses and Permit
Requirements), provided that a Conditional Use Permit is secured and one
or more of the following findings is made by the Review Authority:
TIBURON PLANNING COMMISSION RESOLUTION NO. 2013-12 EXHIBIT A . OCTOBER 23, 20 1
EXHIBIT NO.
a. The space proposed for the 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.
ARTICLE III (GENERAL DEVELOPMENT STANDARDS AND PARHING
STANDARDS)
16 -30 Standards for All Development and Land Uses
Section 16- 30- 050(D[2]) shall be amended to read as follows:
2. Spires, flagpoles, radio and television towers or antennas, and similar
features, of minimal area and bulk, may exceed maximum height limits by
up to three feet or as required by the California Building Code. The height
restrictions shall not apply to antennas for wireless communication
facilities licensed by the Federal Communications Commission when a
Conditional Use Permit has been obtained for that use in compliance with
Section 16- 52.040 (Conditional Use Permit) and Section 16 -42 (Wireless
Communications Facilities).
Section 16- 30- 050(D[5]) shall be added to read as follows:
5. Flag poles shall have a maximum height of twenty-four feet.
ARTICLE V (ZONING PERMIT PROCEDURES)
16 -52 Permit Review and Decisions
16- 52.020 — Site Plan and Architectural Review
The following addition shall be made to Section 16- 52.020 (B):
9. Demolition of an existing main building on a lot and demolition of any
structure on a property listed on a local historic inventory or eligible for
listing on a state or federal historic registry.
Section 16- 52.020 (F) shall be amended to read as follows:
10. Demolition of an existing main building on a lot and demolition of any
structure on a property listed on a local historic inventory or eligible for
listing on a state or federal historic registry.
TIBURON PLANNING COMMISSION RESOLUTION NO. 2013-12 EXHIBIT A OCTOBER 23, 201 2
EXHIBIT N0. -
44. 11. Driveways and minor modifications to the layout or design of parking lots;
and
44-. 12. Other minor applications that the Director determines to be appropriate for
Staff action.
Section 16- 52.020 (K[2]) shall be amended to read as follows:
2. If an application is filed and approved as a remodel project, but prior to of
during construction expands to become a new construction project as
defined herein, all applicable related Zoning and Buildin g Permit
approvals shall become null and void. The applicant shall be required to
resubmit applications for Zoning Permit Site Plan and AT-ehiteetural
Review approval wing PerAtits as anew construction project. The
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.
16- 52.040 — Conditional Use Permit
The following section shall be added to Section 16- 52.040 (D):
6. The contribution that the proposed use would make to sustainine and
improving the economic vitality and vibrancy of Tiburon, including
encouraging resident - serving or tourist - serving uses in appropriate areas
and uses that promote pedestrian activity.
16- 52.110 — Home Occupations
Section 16- 52.110 (E) shall be amended to read as follows:
E. Appeals. Any person aggrieved by any decision of the Director involving
the approval, denial, or revocation of a Home Occupation Permit, may
appeal such decision to the Planning Commission in compliance with
Section 16 52.020 16- 50.020 (Authority for Land Use and Zoning
Decisions) and Section 16 -66 (Appeals). The decision of the Planning
Commission on the appeal shall be final. Any person aggrieved by any
decision of the Planning Commission involving the approval, denial, or
revocation of a Home Occupation Permit (except on appeal), may appeal
such decision to the Town Council using procedures set forth in Section
16 -66 (Appeals).
TIBURON PLANNING COMMISSION RESOLUTION NO. 2013-12 EXHIBIT A OCTOBER 23, 2013 3
DK IBIT N6.�_
ARTICLE VII aNG`LUSIONARY HOUSING AND DENSITY BONUSES)
16 -70 Amount of In -Lieu Housing Fee
Table 7 -1 shall be amended to read as follows:
Table 7 -1.
Example Housing In -Lieu Fee Calculation'
Cost to construct :a: --modestsingle-family dwelling unit of 1'500 square .feet
Assumptions:
A. Land and site development costs
$350,0002
B. Construction costs @ $2252 per sq. ft.
$375;999 337,500
C. Total of A and B above
$726490 687.500
Moderate- income purdhasepnce affordability calculation.
Assumptions:
A. Current median income for 4- person
household Effective 294=1 /1/2013
$94;399 101.2002
B. 4- person household at 80% of median Income
$75148 809502
C. 6.259A 4.50% fixed rate mortgage, 95% loan to value ratio, 5%4 down - payment, 0 75% 1.50%
private mortgage insurance. for a total effeigtive me ° a
D. 25p2 for mortgage payment
E. Mortgage payment equates to:
$1,57-2 1 690 per month
F. Loan amount equates to:
$2384909 268.400
G. Affordable purchase price:
$259 509 282.500
In- liewhousing fee calculation (using these variables.):
A. Total construction cost:
$725;009 687.500
B. Affordable purchase price:
$259;509 282.500
C. In -lieu housing fee (per unit):
$474,599 405.000
Note
1. This is an example of housing in lieu fees, based on 2908 2013 income levels. The Housing Authority
updates income levels annually; therefore in -lieu fees will vary by year.
2. Denotes a variable subject to periodic updating or determination by the Director.
TIBURON PLANNING COMMISSION RESOLUTION NO. 2013-12 EXHIBIT A OCTOBER 23,200 4
EXHIBIT N0.
ORDINANCE NO. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BY MAKING
VARIOUS TEXT AMENDMENTS
SECTION 1. FINDINGS.
A. On October 23, 2013, the Planning Commission adopted Resolution No. 2013 -12
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 February 5, 2014 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.
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 finds that adoption of this ordinance is exempt from the requirements
of the California Environmental Quality Act pursuant to Sections 15304 and 15305 of the
CEQA Guidelines, as well as being exempt from CEQA under the "general rule ",
pursuant to Section 15061(b)(3) of the CEQA Guidelines.
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code shall be amended as follows:
(A) Section 16- 22.030 (A[l(e)]) shall be amended to read as follows:
e. Tiburon Boulevard - fronting ground floor office uses shall not be permitted in
newly - constructed or redeveloped buildings located along "Upper Tiburon
Boulevard ", as that area is defined in the Tiburon General Plan Downtown
Element on Diagram 4.4 -1, without the granting of a Conditional Use Permit in
compliance with Section 16- 52.040 (Conditional Use Permits) and an exception
in compliance with Subsection 16- 22.040.B.1 (Exception for street - fronting
ground floor office use in the NC zone). Street - fronting ground floor office uses
Tiburon Town Council Ordinance No. (Draft) Effective -4- 42014 1
EXHIBIT NO �i
shall not be permitted on street addresses 1690 through 1698 Tiburon Boulevard
inclusive without the granting of a Conditional Use Permit in compliance with
Section 16- 52.040 (Conditional Use Permits) and an exception in compliance
with Subsection 16- 22.040.B.2 (Exception for street - fronting ground floor office
use in the VC zone and 1690 through 1698 Tiburon Boulevard).
(B) Section 16- 22.030 (B[21) shall be amended to read as follows:
2. Street - fronting ground floor office uses shall not be permitted on Main Street,
covering street addresses 1 through 100 Main Street and 1700 through 1704
Tiburon Boulevard inclusive without the granting of a Conditional Use Permit in
compliance with Section 16- 52.040 (Conditional Use Permits) and an exception
in compliance with Subsection 16- 22.040.B.2 (Exception for street - fronting
ground floor office use in the VC zone and 1690 through 1698 Tiburon
Boulevard).
(C) Section 16- 22.040 (B[21) shall be amended to read as follows:
2. Exception for street - fronting ground floor office use in the VC zone and 1690
through 1698 Tiburon Boulevard. An exception may be granted to allow street -
fronting ground floor office use otherwise prohibited by Section 16- 22.030
(Commercial Zones Allowable Land Uses and Permit Requirements), provided
that the following finding (a) below is made and one or more of the following
findings (b) and (c) is made by the Review Authority:
a. The use is otherwise consistent with General Plan and Zoning Ordinance
provisions and the findings can be made for approval of a conditional use
permit for the use.
b. The space proposed for the office use is not physically suitable for retail,
restaurant, or personal service use.
C. The applicant has provided substantial and compelling evidence that retail,
restaurant, or personal service use is not economically viable in the
proposed location.
(D) Section 16- 30- 050(D[2]) shall be amended to read as follows:
2. Spires, radio and television towers or antennas, and similar features, of minimal
area and bulk, may exceed maximum height limits by up to three feet or as
required by the California Building Code. The height restrictions shall not apply
to antennas for wireless communication facilities licensed by the Federal
Communications Commission when a Conditional Use Permit has been obtained
for that use in compliance with Section 16- 52.040 (Conditional Use Permit) and
Section 16 -42 (Wireless Communications Facilities).
(E) Section 16- 30- 050(D[51) shall be added to read as follows:
Tiburon Town Council Ordinance No. (Draft) Effective —/- -/2014 2
EXHIBIT N0. E
(F)
(G)
(H)
(I)
(J)
5. Flag poles shall have a maximum height of twenty-four feet.
The following addition shall be made to Section 16- 52.020 (13):
9. Demolition of an existing main building on a lot and demolition of any structure
on a property listed on a local historic inventory or eligible for listing on a state or
federal historic registry.
Section 16- 52.020 (F) shall be amended to read as follows:
10. Demolition of an existing main building on a lot and demolition of any structure
on a property listed on a local historic inventory or eligible for listing on a state or
federal historic registry.
11. Driveways and minor modifications to the layout or design of parking lots; and
12. Other minor applications that the Director determines to be appropriate for Staff
action.
Section 16- 52.020 (K[2]) shall be amended to read as follows:
2. 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
applicable Zoning Permit approvals shall become null and void. The applicant
shall be required to resubmit applications for Zoning Permit approval as a new
construction project. The 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.
The following section shall be added to Section 16- 52.040 (D):
6. The contribution that the proposed use would make to sustaining and improving
the economic vitality and vibrancy of Tiburon, including encouraging resident -
serving or tourist - serving uses in appropriate areas and uses that promote
pedestrian activity.
Section 16- 52.110 (E) shall be amended to read as follows:
E. Appeals. Any person aggrieved by any decision of the Director involving the
approval, denial, or revocation of a Home Occupation Permit, may appeal such
decision to the Planning Commission in compliance with Section 16- 50.020
(Authority for Land Use and Zoning Decisions) and Section 16 -66 (Appeals). The
decision of the Planning Commission on the appeal shall be final. Any person
aggrieved by any decision of the Planning Commission involving the approval,
denial, or revocation of a Home Occupation Permit (except on appeal), may
appeal such decision to the Town Council using procedures set forth in Section
16 -66 (Appeals).
Tiburon Town Council Ordinance No. (Draft) Effective 442014 3
EXHIBIT N0. E-
(K) Section 16- 70.080, Table 7 -1 (Example Housing In -Lieu Fee Calculation), shall be
amended to read as follows:
Table 7 -1.
Example Housing In -Lieu Fee Calculation'
Cost to construct a modest single-family dwelling unit of 1500 square feet.
Assumptions:
A. Land and site development costs
$350,0002
B. Construction costs @ $2252 per sq. ft.
$337,500
C. Total of A and B above
$687,500
Moderate- income purchase price affordability calculation.
Assumptions:
A. Current median income for4 -person household
Effective 1/1/2013
$101,2002
B. 4 -person household at 80% of median income
$80,9502
C. 4.50%2 fixed rate mortgage, 95%2 loan to value ratio, 5% down - payment, 1,50%2 private mortgage
insurance.
D. 25 0/62 for mortgage payment
E. Mortgage payment equates to:
$1,690 per month
F. Loan amount equates to:
$268,400
G. Affordable purchase price:
$282,500
In -lieu housing fee calculation (using these variables):
A. Total construction cost:
$687,500
B. Affordable purchase price:
$282.500
C. In -lieu housing fee (per unit):
$405,000
Note
1. This is an example of housing in lieu fees, based on 2013 income levels. The Housing Authority updates
income levels annually; therefore in -lieu fees will vary by year.
2. Denotes a variable subject to periodic updating or determination by the Director.
SECTION 3. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be invalid
or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
this Ordinance, or its application to any other person or circumstance. The Town Council of the
Town of Tiburon hereby declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
be declared invalid or unenforceable.
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
Tiburon Town Council Ordinance No. (Draft) Effective -4- 42014 4
EXHIBIT N0. 0
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 read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on the 5h day of February, 2014, and was adopted at a regular meeting of
the Town Council of the Town of Tiburon, held on the 19u' day of February, 2014, by the
following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council
Ordinance No. (Draft)
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
Effective - -/- -/2014 5
E )CHIBIT N0. L
EXHIBIT N0. F
M
NC ZONING `
L-!
VC ZONING
EXPANDED GROUND FLOOR OFFICE PROHIBITION
AR