SUBJECT: Z 2003-01: ADOPTION OF RESOLUTION REGARDING TOWN-INITIATED TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE, INCLUDING, BUT NOT LIMITED TO, MODIFIED REGULATIONS REGARDING DETACHED TWO-FAMILY DWELLINGS IN THE R-2 (TWO-FAMILY RESIDENTIAL) ZONE; NEW AND MODIFIED DEFINITIONS; AND MODIFIED LIMITATIONS ON PARKING IN FRONT YARD SETBACKS

SUMMARY

On April 9, 2003, the Planning Commission held a public hearing to consider several amendments to the Tiburon Zoning Ordinance. At that meeting, the Commission directed Staff to prepare a resolution recommending approval of several zoning text amendments to the Town Council. The issues related to paving of surfaces on residential properties were not to be included in the resolution, as the discussion on these issues was continued to the May 14, 2003 meeting.

The draft resolution has been prepared and is attached. A separate text attachment includes the modifications requested by the Planning Commission.

 RECOMMENDATION

Staff recommends that the Planning Commission adopt the draft resolution recommending approval of the amendments to the Tiburon Zoning Ordinance to the Town Council.

EXHIBITS

Draft resolution

Draft Zoning Text Amendments

RESOLUTION NO. 2003-(DRAFT)

 A RESOLUTION OF THE PLANNING COMMISSION  OF THE TOWN OF TIBURON RECOMMENDING THE ADOPTION OF ZONING ORDINANCE TEXT AMENDMENTS TO THE TOWN COUNCIL

WHEREAS, the Town of Tiburon has initiated text amendments to the Town's Zoning Ordinance (No. 360 N.S., as amended through Ordinance No. 462 N. S.); and

WHEREAS, the Planning Commission has determined that the project has no potential to result in adverse impacts on the environment and is exempt from the requirements of CEQA; and

WHEREAS, a display ad notice of the public hearing on the amendments was published in the ARK newspaper on March 26, 2003 and other noticing was provided as required by law; and

WHEREAS, the Planning Commission did hold a duly noticed and advertised public hearing on April 9, 2003, at which testimony was received from the public, and

WHEREAS, the Planning Commission finds that the proposed Zoning Ordinance text amendments are consistent with the goals, policies, and programs of the Tiburon General Plan.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on April 23, 2003, by the following vote:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

__________________________________

PAUL SMITH, CHAIRMAN

Tiburon Planning Commission

ATTEST:

 ______________________________________

SCOTT ANDERSON, SECRETARY

EXHIBIT A

Subchapter 1.05.00 (Definitions) of the Tiburon Zoning Ordinance is amended by the addition of the following new definitions:

Attached Two-Family Dwelling: A building containing two dwelling units designed for and/or occupied by two families living independently. An Attached Two-Family Dwelling is such that the two dwelling units share a common wall, roof, and foundation, or are one above the other sharing a common floor/ceiling. A breezeway, carport, or similar accessory structure connecting two buildings does not transform the buildings into an Attached Two-Family Dwelling.

Detached Two-Family Dwelling: Two dwelling units, each located in a separate building on the same lot, for which a Detached Two-Family Dwelling Exception has been issued pursuant to this Chapter. Detached Two Family Dwellings that lawfully exist as of [the effective date of this Ordinance], and proposed Detached Two-Family Dwellings that have received final zoning permit approval as of [the effective date of this Ordinance], shall be deemed legal non-conforming structures subject to provisions of Section 5.04 of this Chapter.

Director of Community Development: The Director of the Town’s Community Development Department, or his assigned designee.

Improved Parking Surface: An artificially enhanced ground surface, typically but not exclusively composed of concrete, asphalt, stone, brick, ceramic, macadam, or gravel, that is used for, or capable of being used for, the parking of vehicles.

Planning Division: The division of the Community Development Department charged with responsibility for the current and advance planning functions of the Town of Tiburon, including land use regulation, zoning permits and enforcement thereof.

Subchapter 1.05.00 (Definitions) of the Tiburon Zoning Ordinance is hereby amended to incorporate the following revisions to existing definitions:

Community Development Department: The Planning Division and the Building Division of the Town of Tiburon, which together are charged with implementing the land use regulations of the Town and providing staff support to the various Boards, Commissions, and the Town Council.

Director: See Director of Community Development.

Dwelling, Two-Family: An Attached Two-Family Dwelling or a Detached Two-Family Dwelling, as defined herein.

Planning Department: See Planning Division.

Planning Director: See Director of Community Development.

Section 2.05.01 of the Tiburon Zoning Ordinance is revised to read as follows:

2.05.01 Principal Uses Permitted (R-2).

1. One single-family dwelling.

2. One Attached Two-Family Dwelling.

2.5. One Detached Two-Family Dwelling, provided that the Design Review Board has approved or conditionally approved a Detached Two-Family Dwelling Exception, as set forth in Section 2.05.04. Detached Two Family Dwellings that lawfully exist as of [the effective date of this Ordinance], and proposed Detached Two-Family Dwellings that have received final zoning permit approval as of [the effective date of this Ordinance], shall be deemed legal non-conforming structures subject to provisions of Section 5.04 of this Chapter.

3. Publicly owned park.

4. The providing of room and board for not more than one paying guest in each dwelling unit.

5. Nursery school, day care center, or preschool located in a single family dwelling and serving six or fewer children as defined and regulated by the California Health and Safety Code.

6. Intermediate or community care facilities (as defined by state law) or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single family dwelling. All such facilities shall be subject to all regulations of the California Health and Safety Code.

Sections 2.05.04 (A) through Section 2.05.04 (J) of the Tiburon Zoning Ordinance are added to read as follows:

Section 2.05.04 Detached Two-Family Dwelling Exception.

2.05.04 (A) Policy.

The R-2 zone is located exclusively in the Old Tiburon/Lyford’s Cove neighborhood. This neighborhood was created by a subdivision in the nineteenth century and is generally characterized by densely developed small lots, steep slopes, narrow winding streets, and inadequate parking.

Attached two-family dwellings (two units in a single building) are, and have historically been, the preferred and nearly exclusive form of two-family dwelling allowed in the R-2 zone. An unregulated proliferation of detached two-family dwellings could substantially alter the existing development pattern and character of the Old Tiburon neighborhood in that detached units on small lots create a de facto single-family residential land use pattern on significantly smaller lots than is allowed in any single family residential zone in the Town of Tiburon. Detached units also have the potential to increase visual, privacy, and other impacts both within and without the property boundaries.

The Town also recognizes that limited instances may occur where a detached two-family dwelling (two units in two detached buildings) may be a preferable land development solution due to physical characteristics of an individual lot, or due to the specific nature of a lot’s immediately surrounding pattern of development.

2.05.04 (B) Purpose and Authority.

The purpose of the Detached Two-Family Dwelling Exception is to limit approval of such uses to lots where the applicant has successfully addressed land use compatibility issues and neighborhood impacts, and where the detached units will result in a demonstrably superior site planning solution as compared to a probable attached two-family dwelling.

The Design Review Board may grant a Detached Two-Family Dwelling Exception for any lot in the R-2 zone which meets the "minimum parcel area" and "minimum parcel area per dwelling unit" land and structure regulations for the R-2 zone as set forth in Section 2.05.03 of this chapter.

2.05.04 (C) Application and Fee.

The application for a Detached Two-Family Dwelling Exception shall be filed in conjunction with a Site Plan & Architectural Review application for the project pursuant to Section 3.01.00 of this chapter, and shall be accompanied by the appropriate additional filing fee.

2.05.04 (D) Information Required.

Lists of information and materials which are normally necessary for a complete Detached Two-Family Dwelling Exception application are available from the Tiburon Planning Division.

The Director or his designee may require additional information, plans, drawings, or other documents if needed to assist in making an informed decision on the application.

2.05.04 (E) Notice and Hearing Required.

A hearing as prescribed in Section 3.05.00 of this chapter shall be held to consider every application for a Detached Two-Family Dwelling Exception. Notice shall be given pursuant to Section 3.03.00 of this Chapter.

2.05.04 (F) Criteria for Review and Approval.

The Design Review Board shall consider the following criteria prior to taking action on an application for Detached Two-Family Dwelling Exception:

The lot area is adequate to reasonably accommodate two detached units in a functional site layout that substantially meets the land and structure regulations of the R-2 zone.

Physical conditions exist on the lot that render impractical or difficult the construction of attached units; or the site planning superiority and land use compatibility benefits of detached units are clearly demonstrated for the lot.

Two dwelling units in two detached buildings would likely reduce visual, environmental, privacy or other impacts as compared to a probable attached two-family dwelling on the lot.

The permit history of the lot has been researched and provides no evidence of self-created hardship, self-created non-conformity, or other pattern of activity that would act to circumvent the purpose of this section.

All vehicular access shall be convenient, shall comply with industry standards for ingress and egress, and shall not result in adverse impacts on adjoining properties.

In conducting its evaluation of the criteria, the Design Review Board shall also review the lot for evidence that its physical limitations are of such severity that a single family dwelling may be the appropriate level of development for the lot, and shall consider any such evidence in its deliberations.

2.05.04 (G) Required Condition.

The following condition shall be imposed on any approval for a Detached Two-Family Dwelling:

"Owner shall record a deed restriction prohibiting future condominiumization or subdivision of the property while the Detached Two-Family Dwelling remains in existence."

The Town finds this condition is necessary to avoid de facto upzoning of the property and to protect the Town’s existing stock of rental housing.

2.05.04 (H) Recommended Conditions.

The Design Review Board shall consider the application of conditions to the approval of a Detached Two-Family Dwelling Exception, including but not limited to the following:

At least four (4) on-site non-tandem standard-sized residential parking spaces shall be provided. No more than three (3) of these spaces may be side-by-side, as viewed from any street open to use by the public.

One unit shall be significantly smaller than the other; with a minimum 60%/40% floor area split between the two units.

No floor area exception shall be allowed for the project.

No lot coverage variance shall be allowed for the project.

No height variance shall be allowed for the project.

No side yard or rear yard setback variances shall be allowed for the project.

2.05.04 (I) Action by Design Review Board.

The Design Review Board may approve, approve with conditions, or deny any application for Detached Two-Family Dwelling Exception. In taking its action, the Board shall make findings based on evidence in the record. The burden rests with the applicant to convince the Board that the project has met the criteria necessary for approval.

2.05.04 (J) Appeal; Expiration; Reapplication.

The decision of the Design Review Board may be appealed to the Town Council pursuant to the provisions of Section 3.08.00.

Detached Two-Family Dwelling Exceptions 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 Detached Two-Family Dwelling Exception, no application for the same or substantially the same exception shall be filed within one year of the date of denial unless the denial is made without prejudice.

 Section 2.08.01 of the Tiburon Zoning Ordinance is amended to read as follows:

2.08.01. Principal Uses Permitted (RMP).

1. Single family dwelling.

1.5 Attached Two-Family Dwelling.

2. Multi-family dwelling.

3. Dwelling group.

4. Provide room and board for not more than one paying guest in a single family dwelling.

5. Public park or open space use.

6. Nursery school, day care center, or preschool located in a single family dwelling and serving six or fewer children as defined and regulated by California Health and Safety Code.

7. Intermediate or community care facilities (as defined by state law) or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single family dwelling. All such facilities shall be subject to all regulations of the California Health and Safety Code.

Section 4.02.02(f) of the Tiburon Zoning Ordinance is added to read as follows:

Modifications to the layout or design of parking lots located in a non-residential zone, or in any parking lot or parking area containing more than ten (10) parking spaces that is located in an R-3 or RMP zone. This excludes simple repainting of existing stall lines absent any substantive modifications.

Section 5.06.04(d) of the Tiburon Zoning Ordinance is amended to read as follows:

Section 5.06.04(e) of the Tiburon Zoning Ordinance is renumbered to become Section 5.06.04 (f).

Section 5.06.04(e) of the Tiburon Zoning Ordinance is added to read as follows: