TO: PLANNING COMMISSION

FROM: SCOTT ANDERSON, DIRECTOR OF COMMUNITY DEVELOPMENT

SUBJECT: Z 2003-02: TOWN-INITIATED TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE REGARDING ESTABLISHMENT OF LIMITATIONS ON PARKING IN REQUIRED YARDS (SETBACKS) AND IMPERVIOUS SURFACE IN RESIDENTIAL ZONES

MEETING DATE: MAY 14, 2003

BACKGROUND

At its meeting Of April 9, 2003, the Planning Commission began discussion of possible zoning ordinance text amendments regarding the regulation of parking in required yards (setbacks) in residential zones, and also regarding limitations on the amount of impervious surface allowed on lots in residential zones. Pertinent portions of the minutes from that meeting are attached as Exhibit 2. The Commission continued these matters to its regular meeting of May 14, 2003 for further discussion.

ANALYSIS

Regulation (or Prohibition) of Parking in Required Yards (Setbacks)

This issue has been raised in response to concerns that lot owners may choose to "pave over" considerable portions of their front yard for parking of vehicles without the need for any permits from the Town of Tiburon. Currently this is possible as there is neither zoning code nor building code requirements for permits for essentially at-grade improvements such as paving or placement of sidewalks or other hardscape when not related to a substantially more significant application such as a new home or remodel/addition.

The concern being expressed at this time is that the "paving over" of front yard areas (for parking) is essentially unregulated. While Town Staff is not aware that paving over front yards for parking purposes is currently a problem of significant magnitude in Tiburon, there was a recent instance where the lack of permit authority frustrated both an affected neighbor and the Design Review Board.

Current Regulatory Framework

The current Zoning Ordinance regulations for the location of required parking stalls with respect to "yards" are set forth in Section 5.08.03(B) as follows:

(B) 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 three feet from the street right-of-way;

Previous Commission Discussion

At the April 9, 2003 meeting, the Commission forwarded recommendations to the Town Council that would clarify existing prohibitions on parking on unimproved surfaces (such as lawns). The Commission also considered, but did not take action on, text amendments that would regulate (but not necessarily prohibit) parking in required front yards by requiring Site Plan & Architectural Review as follows:

Section 4.02.02(g) [requiring Site Plan & Architectural Review approval] is hereby added to the Tiburon Zoning Ordinance to read as follows:

(g) After {the effective date of this Ordinance}, creation or establishment of more than two non-tandem, open or uncovered parking spaces (or other areas capable of being used for parking) on an Improved Parking Surface, if located in a required front yard on any lot in a residential zone.

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

(e) In any required front yard in a residential zone, the creation or establishment of more than two non-tandem, open or uncovered parking spaces (or other areas capable of being used for parking) on an Improved Parking Surface, shall require Site Plan & Architectural Review approval as provided in Section 4.02.02 of this Chapter. The purpose of this regulation is to prevent excessive use of required front yards for the parking of vehicles.

This requirement for review would be used in conjunction with the following new definition of the term "Improved Parking Surface":

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.

At the April 9, 2003 meeting, the Planning Commission also discussed expanding the regulation of parking to required side or rear yard setbacks, and to the areas outside of approved building envelopes in Residential Planned zones. The issues associated with such potential regulations vary:

Front Yard Setbacks. Most of the potential undesirable impacts from unregulated front yard parking stem from the visibility of front yard areas from the street and from neighboring properties. The unsightliness of multiple vehicles parked in front of a home, the potential loss of landscaped front yard area, and the impacts on neighboring properties from headlights, noise, and so forth are heightened by the normally open character of residential front yards. Limitations on or regulation of parking in front yards could address these issues.

Side Yard Setbacks. In contrast, most required residential side yards considerably smaller (with setbacks of 8 feet in the R-1 and R-2 zones, and 6 feet in the R-1-BA zone), and are often less visible than front yards, due to fencing and landscaping for privacy purposes. Side yard areas are seldom used for parking of vehicles, unless as part of a driveway leading to a garage or carport at the rear of the property, or when the side yard of a corner lot borders a street. Limitations on or regulation of parking in most required side yards would therefore affect only a narrow strip of land that is generally not used for parking, nor particularly visible from neighboring properties.

Rear Yard Setbacks. Although required rear yard setbacks are larger than side yard setbacks (usually 25 feet), the rear yards of most residential properties are not highly visible from neighboring lots. In most cases, homes and yard areas are designed and landscaped to provide adequate privacy for rear yards as private recreation areas. Many older cities have actually encouraged parking and placement of garages within rear yard areas, partly in recognition of the limited visibility of such areas; for example, the Tiburon Zoning Ordinance permits accessory structures to be located within the required rear yard setback. Although this limited visibility can lead to excessive vehicle parking or other unsightly storage in rear yards, existing zoning regulations regarding junkyards provide adequate controls for such nuisances.

Building Envelopes. Not all precise development plans have established building envelopes for the lots covered by these plans. In some older precise plans, the location of all physical improvements is established through the Design Review process. In many cases, the irregular shape of building envelopes makes the clear delineation of front, side and rear yard areas difficult to define. Limitations on parking outside building envelopes would be difficult, as most lots need to have a driveway leading from the street to the building envelope, as envelopes almost never extend to the property lines adjacent to street rights-of-way. Further, the regulations of what can and cannot be done outside building envelopes varies considerably among precise plans; it would be difficult to craft enforceable regulations that would be compatible with most adopted precise development plans in Tiburon.

It is clear that unregulated installation of driveways or parking areas in front yards creates the potential for unwanted visual and aesthetic characteristics visible to surrounding properties. Although the required side and rear yard setbacks are not generally as visible, and areas outside approved building envelopes are difficult to define, the potential still exists for improperly designed driveways or parking areas to negatively impacts nearby homes.

Discussion at Town Council/Design Review Board Workshop

This issue was discussed at the annual Town Council/Design Review Board Workshop held on April 30, 2003. There appeared to be a consensus from both bodies that some form of regulation was appropriate for parking in front yards.

 Regulations in other Marin County Municipalities

Staff conducted a survey of other municipalities in Marin County to gauge the extent to which parking areas and driveways are subject to zoning permit review. The full survey results are attached as Exhibit 3. The Cities of Mill Valley, San Rafael and Sausalito explicitly require Design Review for parking areas and driveways. The City of Novato has limitations for the amount of paving in the front yard, while The City of Sausalito has limitations for the amount of paving in the side yard. The Town of Corte Madera prohibits parking within the street side of required setbacks. No municipalities in Marin County have limitations on the overall amount of paving or impervious surfaces on a lot, or regulations regarding parking in rear yards or outside building envelopes.

There is no consistent pattern in the regulation of parking or paving in required yards in other Marin County municipalities. However, the presence of Design Review requirements for parking and driveways in three other nearby cities could mitigate the previously noted potential enforcement issues associated with requiring a zoning permit for installation of paved surfaces, which are exempt even from building permits under the Uniform Building Code (UBC). If these other cities have such requirements, most responsible contractors would understand the need to contact the Town regarding possible permit requirements for driveways and/or parking areas prior to their installation.

Recommendation

There does not appear to be a preponderance of evidence establishing that the location of driveways or parking areas within required setbacks is such a problem that strict regulations on such improvements should be imposed. However, it is clear that the potential exists for improper design of driveways or parking areas that could result in unwanted impacts on neighboring properties. Circumstances vary greatly from site to site based on many factors.

Tiburon’s existing Site Plan and Architectural Review process offers an accepted means to assess the appropriateness of most physical improvements in town. It is therefore recommended that the Design Review process be expanded to require the review of proposed driveways and parking areas. This could be accomplished by adding a new Section 4.02.02(g) to the Tiburon Zoning Ordinance as follows: 

(g) After {the effective date of this Ordinance}, the creation, installation, or establishment of any driveway or of any open parking space (or other area capable of being used as a parking space) on an Improved Parking Surface.

A draft Resolution to this effect is attached as Exhibit 1.

Regulation of Impervious Surfaces

As noted above, a survey of municipalities in Marin County indicates that none of the other cities have limitations on the overall amount of paving or impervious surfaces on a lot. However, the California Water Quality Control Board has been urging Regional Boards to adopt additional stormwater regulations on new development, including restrictions on the amount of impervious surfaces on many new developments. Within the next few years, it is anticipated that most California municipalities will need to adopt new regulations that will be consistent with these statewide or regionwide stormwater requirements. As the previously recommended zoning text amendment would address the issues of adequate review for new driveways and parking areas, Staff recommends that the Town take up the issue of limitations on impervious surfaces once the State or the Regional Water Quality Control Board finalizes these stormwater requirements.

RECOMMENDATION

Hold a public hearing on the item.

Discuss and make any desired changes or refinements to the draft zoning text amendments.

If appropriate, adopt the Resolution recommending approval of the zoning text amendments to the Town Council.

EXHIBITS

1. Draft Resolution with proposed zoning text amendment.

2. Minutes of the April 9, 2003, Planning Commission meeting.

3. Survey of Parking and Paving Regulations for Marin Cities.