16-22 Commercial Zones

Sections:

16-22.010 - Purpose

16-22.020 - Purposes of the Commercial Zones

16-22.030 - Commercial Zones Allowable Land Uses and Permit Requirements

16-22.040 - Commercial Zones General Development Standards

The purpose of Section 16-22 is to establish the land uses that may be allowed within the commercial zones established by Section 16-14.020 (Zoning Map and Zones), determine the types of Zoning Permit (if any) required for each use, and provide standards for site layout and building size.

The purpose of each commercial zone is as follows.

• A. NC (Neighborhood Commercial) Zone. The NC zone is intended to primarily provide for resident-serving commercial and office uses, while allowing incidental residential uses and mixed-use commercial/residential projects in accordance with the General Plan. Predominantly tourism-oriented uses (i.e., souvenir shops) are strongly discouraged in this zone, and street-fronting ground floor office use restrictions apply to portions of the NC zone.

• B. VC (Village Commercial) Zone. The VC zone has the same permitted uses and conditional uses as those set forth in the NC zone, except souvenir shops are allowed. Street-fronting ground floor office use restrictions apply to portions of the VC zone (See Subsection 16-22.030.B).

• A. NC Zone.

1. Permitted Uses in the NC Zone

• a. Use-for-use changes (e.g., restaurant to restaurant) or minor structural alterations when no intensification of use, as determined by the Director, is proposed; except as set forth in Subsection A.1.e below. Intensification of use shall be measured in terms of parking requirements, number of employees at maximum shift, total floor area occupied, vehicular trip generation, or other factors within the reasonable discretion of the Director.

Article II - Zones & Allowable Land Uses

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16-22.030

Commercial Zone

• b. Lawfully existing uses established prior to December 26, 1990 shall be permitted to operate under the authority and limitations of applicable Zoning Permits.

• c. The Point Tiburon Plaza commercial area shall continue to be regulated by provisions of the Point Tiburon Precise Plan and Master Conditional Use Permit. Conditional Use Permits for new uses in the Point Tiburon commercial area may be issued in accordance with provisions herein provided that such approvals are consistent with the Point Tiburon Precise Plan and Master Use Permit.

• d. Drive-through restaurants, and restaurants that primarily offer fast-food and/or take-out service, are discouraged.

• 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).

• f. Emergency shelters in compliance with Section 65582 of the California Government Code (see Section 16-40-060 [Emergency shelters]).

2. Conditional Uses Permitted in the NC Zone. The following uses shall be permitted only when a Conditional Use Permit is granted, as provided in Section 16-52.040 (Conditional Use Permit). Additional uses, similar or accessory to those listed below, may be conditionally permitted by resolution of the Commission.

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16-22.040

Commercial Zone

Hobby stores Stationary stores Hotels and motels Tailor and dressmaking shops Household appliance stores Theaters and playhouses Interior decorating shops Toy stores Jewelry stores Travel bureaus Leather goods and luggage shops Upholstery shops Liquor or drug stores Watch and clock repair shops Locksmiths Wireless communication facility, radio, Meeting hall microwave, and TV transmitter and Mortuary broadcasting station, including amateur Music stores and professional Newspaper publishing

• B. VC Zone. The VC zone has the same land and structure regulations as those set forth in the NC zone (See Subsection A. above), except as following:

  1. Souvenir shops are allowed in the VC zone.

Street-fronting ground floor office uses shall not be permitted on Main Street, covering street addresses 1 through 100 Main Street inclusive. See Subsection 1622.040.B.2 (Exception for street-fronting ground floor office use in the VC zone).

• A. General standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3 in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article III (General Development Standards and Parking). The goals and principles of the Downtown Tiburon Design Handbook shall be consulted in the review of substantive improvements for properties in Downtown Tiburon.

TABLE 2-3

COMMERCIAL ZONE DEVELOPMENT STANDARDS

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Commercial Zone

B. Exceptions.

1. Exception for street-fronting ground floor office use in the NC zone. 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 Review Authority finds that the applicant has provided substantial and compelling evidence that retail, restaurant, or personal service use is not economically viable in the proposed location.

2. Exception for street-fronting ground floor office use in the VC zone. 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. 

• C. Minor Floor Area Additions. Minor floor area additions to properties exceeding FAR limits may be approved without the need for a General Plan or Zoning Ordinance amendment. Minor floor area additions are those that do not materially increase parking demand (as defined in Section 16-32 [Parking and Loading Standards]) or traffic generation. A finding must be made by the Review Authority that there will be no material adverse effects from the granting of the minor floor area addition.

may be approved without the need for a General Plan or Zoning Ordinance amendment. Minor floor area additions are those that do not materially increase parking demand (as defined in Section 16-32 [Parking and Loading Standards]) or traffic generation. A finding must be made by the Review Authority that there will be no material adverse effects from the granting of the minor floor area addition.

• D. Approval of a Conditional Use Permit. Approval of a Conditional Use Permit in compliance with the provisions of Section 16-52.040 (Conditional Use Permit) is required prior to:

  1. New construction or subdivision of land;

  2. Additions to existing structures;

  3. Reconstruction of existing structures; and/or

  • 4 Grading of undeveloped or cleared land.

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16-23.010

Overlay Zones