16-40 Standards for Specific Land Uses

Section:

16-40.010 - Purpose and Applicability 16-40.020 - Exceptions for Detached Two-family Dwelling Unit

16-40.030 - Secondary Dwelling Unit

16-40.040 - Home Occupations 16-40.050 - Bed and Breakfast Inns (B&Bs) 16-40.060 - Seasonal Rental Units 16-40.070 - Child Day-Care Facilities 16-40.080 - Emergency Shelters

• A. Purpose. The provisions of Section 16-40 provide site planning, development, and/or operating standards for certain land uses that are allowed by Article II (Zones and Allowable Land Uses) within individual or multiple zones, and for activities that require special standards to mitigate their potential adverse impacts.

• B. Applicability. The land uses and activities covered by Section 16-40 shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Ordinance.

  1. Where allowed. The uses that are subject to the standards in Section 16-40 shall be located only where allowed by Article II (Zones and Allowable Land Uses).

Development standards. The standards for specific uses in Section 16-40 supplement and are required in addition to those in Articles II (Zones and Allowable Land Uses) and III (General Development Standards and Parking Standards).

• a. The applicability of the standards in Section 16-40 to the specific land uses listed is determined by Article II (Zones and Allowable Land Uses).

• b. In the event of any conflict between the requirements of Section 16-40 and requirements of Articles II (Zones and Allowable Land Uses) or III (General Development Standards and Parking), the requirements of Section 16-40 shall control.

This Section provides exceptions for detached two-family dwelling units, as defined in Article X (Definitions), where allowed by Article II (Zones and Allowable Land Uses).

• A. General. Attached two-family dwelling units primarily exist in the R-2 zone. The R-2 zone is located exclusively in the Old Tiburon/Lyford’s Cove neighborhood. This

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neighborhood was created by a subdivision in the nineteenth century and generally has been characterized by densely developed small lots, steep slopes, narrow winding streets, and inadequate parking.

Attached two-family dwellings are, and have historically been, the predominant 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.

The Town recognizes that limited instances may occur where a detached two-family dwelling 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.

• 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 twofamily dwelling.

The Review Authority may grant a detached two-family dwelling exception for any lot in the R-2 zone that meets the “minimum lot area” and “minimum lot area per dwelling unit” land and structure regulations for the R-2 zone as set forth in Section 16-21.040 (Residential Zones Development Standards).

• C. Application and fee. The application for a detached two-family dwelling exception shall be filed in conjunction with a Site Plan and Architectural Review application for the project in compliance with Section 16-50.030 (Application Preparation and Filing), and shall be accompanied by the appropriate additional filing fee.

• D. Information required. Lists of information and materials that are required for a complete detached two-family dwelling exception application are available from the Tiburon Planning Division. The Director may require additional information, plans, drawings, or other documents if needed to assist in making an informed decision on the application.

• E. Notice and hearing required. A hearing as prescribed in Section 16-64 (Public Hearings) shall be held to consider every application for a detached two-family dwelling exception. Notice shall be given in compliance with Section 16-64.030 (Notice of Hearing).

• F. Criteria for review and approval. The Design Review Board shall consider the following criteria prior to taking action on an application for a detached two-family dwelling exception:

  1. 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;

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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;

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

4. The permit history of the lot has been researched and provides no evidence of selfcreated hardship, self-created nonconformity, or other pattern of activity that would act to circumvent the purpose of this Section;

5. All vehicular access shall be convenient, shall comply with industry standards for ingress and egress, and shall not result in adverse impacts on neighboring properties and/or streets.

In conducting its evaluation of the criteria, the Review Authority 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.

• G. Required condition. The following condition shall be imposed on any approval for a detached two-family dwelling:

“Prior to issuance of a Certificate of Occupancy for the project, Owner shall record a deed restriction prohibiting future condominiumization or subdivision of the property for the duration that the Detached Two-Family Dwelling remains in existence. Said deed restriction shall be reviewed and approved by the Town Attorney prior to recordation, and following recordation, a recorded copy shall be transmitted to the Town for its permanent record.”

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

• H. Recommended conditions . The Review Authority shall consider the application of conditions to the approval of a detached two-family dwelling exception, including but not limited to the following:

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

• b. One unit shall be significantly smaller than the other; with a minimum sixty percent to forty percent ratio floor area split between the two units;

  • c. No floor area exception shall be allowed for the project;

  • d. No lot coverage variance shall be allowed for the project;

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• e. No height variance shall be allowed for the project;

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

• I. Action by Review Authority. The Review Authority may approve, approve with conditions, or deny any application for a detached two-family dwelling exception. In taking its action, the Review Authority 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.

J.

Appeal--Expiration--Reapplication

• a. The decision of the Review Authority may be appealed to the Council in compliance with the provisions of Section 16-66 (Appeals).

• b. Detached two-family dwelling exceptions shall expire and become null and void three years after the date of approval unless a Building Permit has been issued before the date of expiration.

• c. Following the denial of an application for a 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.

This Section establishes standards for the development and operation of Bed and Breakfast Inns (B&Bs), where allowed by Article II (Zones and Allowable Land Uses). The intent of these provisions is to ensure that compatibility between the B&Bs and any adjoining zone or use is maintained or enhanced.

• A. Permit requirement. B&Bs are allowable in the zones and with the permit requirements determined by Articles II (Zones and Allowable Land Uses) and V (Zoning Permit Procedures).

• B. Site requirements. Except for minimum lot size requirements, the proposed site shall conform to all standards of the applicable residential zone.

• C. Appearance. The exterior appearance of the structure used for the B&Bs shall be outwardly indistinguishable from that of a single family residence.

• D. Limitation on services provided. Service shall be limited to the rental of bedrooms or suites and meal/beverage service shall be provided for registered guests only. Separate/additional kitchens for guests are not allowed. No receptions, private parties, retreats, or similar activities, for which a fee is paid, shall be allowed.

• E. Occupancy by permanent resident required. All B&Bs shall be occupied by at least one permanent resident.

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• F. Signs. Signs shall be installed/maintained in compliance with Municipal Code Chapter 16A (Signs).

• G. Fire safety. A B&B shall comply with applicable Fire District regulations.

• H. Parking. On-site parking shall be provided in compliance with Section 16-32 (Parking and Loading Standards). One parking space shall be provided for each guest room plus two covered spaces for the resident family.

• I. Business license. A B&B shall have a valid business license from the Town.

This Section establishes standards for the seasonal rental of a dwelling unit in any residential zone. The intent of these provisions is to ensure compatibility between seasonal rental units and adjoining zones or uses.

General criteria. Prior to its establishment and/or operation, a seasonal rental unit shall be required to obtain a Home Occupation Permit, tailored to seasonal rental purposes, pursuant to the requirements of Section 16-52.110, including Subsections D & F, except that the following general criteria shall be used instead of the general criteria and operating standards contained in Section 1652.110 (B & C):

1. Signs. Signs shall be installed/maintained in compliance with Municipal Code Chapter 16A (Signs).

2. Parking. On-site parking shall be provided as required for a single-family dwelling unit in compliance with Section 16-32 (Parking and Loading Standards).

3. Fire safety. The seasonal rental unit shall comply with applicable Fire District regulations.

4. Outdoor space. The use of outdoor yard areas, open decks, pools and the like shall not result in the production of excessive off-site noise, odor and other external disturbances. Said determination to be based on the judgment of the Director. Approval of the seasonal rental unit may be conditioned upon the installation of screening, fencing, plantings and/or other such installations and conditions to help ensure compatibility of the seasonal rental unit with the surrounding area.

5. Limitations. In no event shall the owner of the seasonal rental unit or their agent rent an individual room in the seasonal rental unit to a person, family, or other group of persons.

6. Business license. A seasonal rental unit shall have a valid business license from the Town.

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• A. Applicability. Where allowed by Article II (Zones and Allowable Land Uses) child daycare facilities shall comply with the standards of this Section. As provided by State law (Health and Safety Code Sections 1596.78, et seq.), small and large family day-care homes are allowed within any single-family residence located in a residential zone.

These standards apply in addition to the other provisions of this Zoning Ordinance and requirements imposed by the California Department of Social Services (DSS), or successors thereto. DSS Licensing is required for all child day-care facilities. A DSS License for a child day-care facility shall be obtained and evidence of the license shall be presented to the Department prior to establishing any child-care facility.

• B. Definitions. Definitions of large and small family day care facilities regulated by this Section can be found in Article X (Definitions) under “Child day-care facilities” and “Child day-care center”.

• C. Child day-care centers (15 or more children). Child day-care centers are allowed in the zones as set forth in Article II (Zones and Allowable Land Uses), subject to Conditional Use Permit approval in compliance with Section 16-52.040 (Conditional Use Permit), and all of the standards in Subsection D, below.

• D. Standards for child day-care facilities. Child day-care facilities are subject to the following standards:

  1. Standards for a large family day-care home. As allowed by Health and Safety Code Sections 1597.46 et seq., a large family day care home shall be approved if it complies with the following standards:

  - **a. Location requirements.** No residential property shall be bordered on more than one side by a large family day-care facility. The Director shall also determine that the proposed facility will not result in an over concentration of child-care facilities to the detriment of the neighborhood. 
  
  - **b. Passenger loading area.** A drop-off and pick-up area shall be established to ensure that children are not placed at risk and street traffic is not unduly interrupted. The driveway may serve as a drop-off area, provided that the driveway is not required to remain available for resident or employee parking. 
  
  - **c. Parking.** Adequate off-street parking shall be available to accommodate residents of the site and all employees, staff and/or volunteers engaged at the child-care facility. On-street parking may be substituted for the required off-street parking for employees and/or volunteers if the applicant can demonstrate to the satisfaction of the Director that there is adequate on-street parking for this purpose in the immediate area without creating a parking problem for adjacent uses. 
  
  - **d. Signs.** All signs shall be in compliance with Municipal Code Chapter 16A
  

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(Signs).

2. Standards for child day-care centers. The following standards apply to child day-care centers in addition to the standards in Subsection D.1, above.

• a. Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area. All fences or walls shall provide for safety with controlled points of entry in compliance with 16-30.040 (Fences and Walls).

• b. Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded, subject to the approval of the Director.

• c. Swimming pools/spas prohibited. No swimming pool/spa shall be installed on the site after establishment of the child day-care center, due to the high risk and human safety considerations. Any pool/spa existing on the site prior to application for approval of a child day-care center shall be removed prior to establishment of the use, unless the Director determines that adequate, secure separation exists between the pool/spa and the facilities used by the children.

• A. Applicability. Where allowed by Article II (Zones and Allowable Land Uses) emergency shelter facilities shall comply with the standards of this Section.

• B. Performance Standards. An Emergency Shelter shall meet the following development and performance standards:

  1. On-site management and on-site security shall be provided during hours when the emergency shelter is in operation.

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-ofway, and of intensity compatible with the surrounding area.

3. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

   • a. Central cooking and dining room(s).

   • b. Recreation room.

   • c. Counseling center.

   • d. Child care facilities.

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• e. Other support services.

4. Parking and outdoor facilities shall be designed to provide security for residents, visitors, employees and the surrounding area.

5. A refuse storage area shall be provided that is completely enclosed with masonry walls not less than five feet high with a solid-gated opening and that is large enough to accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the Review Authority. The refuse enclosure shall be accessible to refuse collection vehicles.

6. The agency or organization operating the shelter shall comply with the following requirements:

   • a. Temporary shelter shall be available to residents for no more than six months. No individual or household may be denied emergency shelter because of an inability to pay.

   • b. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

   • c. The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

7. No emergency shelter shall be located within three hundred feet of another emergency homeless shelter site.

8. The facility shall be in, and shall maintain at all times, good standing with Town and/or State licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility.

9. The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) nightly shall not exceed ten persons.

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Wireless Communications Facilities