The purpose of division 16-29 is to establish the land uses that may be allowed within the overlay zones established by section 16-14.020 (zoning map and zones), and determine the types of zoning permit (if any) required for each use.

(Ord. No. 605 N.S, § 7, 6-21-2023)

The purpose of each overlay zone is as follows:

A.

F (Flood Hazard Overlay) zone. The purpose of the F zone is to limit and protect construction of structures in areas that are liable to flooding, in compliance with Federal Flood Insurance Programs.

1.

Construction in identified F zones shall be regulated by provisions of Municipal Code chapter 13D (flood damage prevention). F overlay zones shall correspond to those areas defined as special flood hazard areas in Municipal Code chapter 13D.

2.

Municipal Code chapter 13D designates the town engineer as the floodplain administrator of the town.

3.

Special flood hazard areas are depicted on flood insurance rate maps of the National Flood Insurance Program, effective March 16, 2016, or the most current successors thereto, and are incorporated and made a part herein. Refer to current flood insurance rate maps and utilize North American Vertical Datum (1988) for elevation data.

B.

NC/AHO (Neighborhood Commercial/Affordable Housing Overlay) zone. The purpose of the NC/AHO zone is to encourage and direct, through the provision of a town density bonus and other development incentives, the construction of well-designed, mixed-use residential/nonresidential projects, containing substantial numbers of affordable housing units, on those commercial sites identified in the Tiburon general plan housing element as affordable housing opportunity sites. Potential applicants are strongly advised to meet with town staff in advance of project design to discuss any potential project.

C.

HPO (Historic Protection Overlay) zone. The purpose of the HPO zone is to protect, maintain and enhance historic structures in the downtown area that are included in the town's local historic inventory of buildings located in downtown Tiburon ("Inventory"), as adopted by resolution of the town council and amended from time to time. The HPO zone is intended to:

1.

Safeguard the town's heritage as embodied and reflected in the buildings listed in the inventory;

2.

Encourage public knowledge, understanding and appreciation of the town's past;

3.

Encourage the preservation of diverse and harmonious architectural styles and design preferences reflecting phases of the town's history in its downtown area;

4.

Foster community pride and a sense of identity based upon the recognition and use of historic buildings;

5.

Promote enjoyment and use of historic buildings;

6.

Protect and enhance the town's historical attraction to visitors; and

7.

Identify and resolve conflicts between the preservation of historical resources and alternative land uses.

Inclusion of the buildings within the inventory in the HPO acknowledges the protection of historic resources as provided by the California Environmental Quality Act and allows application of the California State Historic Building Code to the buildings included therein.

(Ord. No. 605 N.S, § 7, 6-21-2023)

A.

NC/AHO zone.

1.

Permitted uses in the NC/AHO zone.

a.

Multifamily dwellings; and

b.

Two-family dwellings.

2.

Nothing in this section shall be deemed to prohibit or not allow the uses permitted in the underlying neighborhood commercial (NC) zone.

B.

Conditional uses permitted. No conditional use permit shall be required for the qualifying affordable residential components.

C.

Qualification. In order to qualify for the benefits of these overlay zones, a residential development project shall comply with all of the following:

1.

Include a minimum of five percent very-low-income, ten percent low-income, and ten percent moderate-income housing units, as defined in section 16-70.030 (general inclusionary requirements). Moderate-income rental units shall be counted only if they are below ninety percent of the median income. On smaller sites that would yield ten or fewer total units at the minimum allowable density, the affordable component shall be reduced from twenty-five to twenty percent of total units. At least fifty percent of the required affordable units shall be low income or very low income.

2.

Ensure that affordable units are deed-restricted for a period of not less than fifty-five years, and in perpetuity if possible, to ensure affordable resale and rents.

3.

Provide a percentage of units for special needs populations in compliance with section 16-70.030 (General Inclusionary Requirements).

E.

Application. Sections 16-29.030 through 16-29.050 shall not apply if an applicant requests a state-mandated density bonus in compliance with section 16-70.110 (state-mandated density bonus).

(Ord. No. 605 N.S, § 7, 6-21-2023)

General standards. Proposed development within the affordable housing overlay zones shall be designed and constructed in conformity with the development standards in table 2-8 (Overlay Zones Development Standards).

TABLE 2-8
OVERLAY ZONES DEVELOPMENT STANDARDS

(Ord. No. 605 N.S, § 7, 6-21-2023)

A.

NC/AHO zone. In order to promote well-designed, affordable mixed-use residential/nonresidential projects in commercial zones, the following incentives are offered to facilitate mixed-use development on properties located in the NC/AHO zone:

1.

Architectural design. Affordable units within a mixed affordable/market rate development shall be allowed to vary in design and square footage from non-affordable units. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted to reduce costs of providing affordable units. Affordable developments are encouraged to include shared common spaces in order to reduce the size of individual living units and increase community interaction. Examples include co-housing, live-work housing opportunities, or other types of housing that create shared spaces.

2.

Fees. The town shall subsidize hook-up fees or other fees charged by special districts up to one hundred percent for affordable units. The town shall waive or reduce certain town application and development fees for the affordable units in a qualifying development.

3.

Priority processing. The town shall give qualifying projects the highest processing priority, and efforts will be made by staff and decision-makers to:

a.

Provide technical assistance to potential affordable housing developers in processing requirements, including participation in community involvement;

b.

Consider project funding and timing needs in the processing and review of the application; and

c.

Provide the fastest turnaround time possible in determining application completeness.

4.

Other incentives and contributions. Town financial contributions toward the construction of utilities, public road improvements and other traffic improvements; soils remediation; plan preparation and development; construction subsidies for the affordable units; and assistance and support in securing public financing, such as bonds or tax credits.

(Ord. No. 605 N.S, § 6, 6-21-2023)

A.

Permitted uses. Uses permitted in the HPO zone shall be the same as those permitted in the underlying neighborhood commercial (NC) and village commercial (VC) zones.

B.

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 (commercial zones development standards) in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (general development standards and parking).

C.

Permits required and guiding principles. Any exterior alterations or modifications to an existing building in the HPO zone shall require approval by the director of a site plan and architectural review application for minor alterations. In reviewing such applications for site plan and architectural review, the director shall consider the following principles as they may apply:

1.

Any new use of an existing building in the HPO zone shall maximize the retention of materials, exterior design features and spaces related to the historic significance of the building and property outlined within the Local Historic Inventory of Buildings Located in Downtown Tiburon, as adopted by town council resolution 07-2001, as may be amended from time to time (see section 16-22.020).

2.

The design of any construction, additions, repairs or replacement of a building in the HPO zone shall be in harmony with the general architectural, craftsmanship and historical characteristics of the building as outlined in the inventory and shall reflect the guiding themes of consistency, compatibility and authenticity set forth in the Downtown Tiburon Design Handbook. This shall include windows, doors, trim, roof types, exterior building materials and colors.

3.

Repainting of existing structures shall not require a permit if the director determines that the color conforms to the Benjamin Moore Historical Colors palette.

4.

Deteriorated historic features associated with buildings in the HPO zone shall be repaired rather than replaced where possible. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, material. Replacement of missing features shall be substantiated by evidence of previous existence at the time of submittal for building permit.

5.

The goals, principles and recommendations of the Downtown Tiburon Design Handbook shall be considered in the review of applications involving properties in the HPO zone.

(Ord. No. 605 N.S, § 7, 6-21-2023)