Tiburon council advances new rules on housing development
Tiburon officials are updating the municipal code to align town policy with housing development allowances under state law.
The Town Council unanimously approved the changes at a meeting Wednesday. The move brings housing policy into agreement with Senate Bill 9, which went into effect this year to encourage new development on residential parcels.
Tiburon's ordinance would allow up to four residences on parcels previously zoned for one. New residences on those parcels could be 800 square feet —— the square footage identified as the state minimum —— and be approved ministerially, or without an extensive staff review.
The rules prohibit the construction of accessory dwelling units or junior accessory dwelling units if a lot is split.
The resolution was passed on a first reading, meaning it will return to the council for consideration and approval at the next regular council meeting.
“This is an ordinance that is being proposed not because we spontaneously have decided that lot splits and extra housing and single-family housing is something Tiburon is seeking or the council wants,” said Mayor Jon Welner. “The ordinance we are looking at today is putting Tiburon-specific limits within the law.”
Under the state's housing mandate, Tiburon must show it can permit 639 more residences over the next eight years.
A staff report said the town had received inquiries about the development of residences under SB 9 since it became effective Jan. 1.
The ordinance also includes objective standards limiting the lot size, height, color and orientation of windows in the new homes. A staff report notes there are exceptions that would not preclude the development of 800-square-foot residences.
The Planning Commission held a public hearing March 23 and recommended a maximum height of 16 feet for any two-home development. The commission reviewed the proposed ordinance and approved it prior to it being heard by the council.
Director of Community Devel
opment Dina Tasini provided a presentation on the amendments to the council at its meeting Wednesday.
Councilmember Alice Fredericks inquired about the square footage allowed under the modified ordinance and with ministerial approval.
Tasini said the ordinance would allow 800-square-foot residences under the new provisions.
“If you wish to go greater than that, we wouldn't consider that under SB 9,” Tasini said.
Larger residences would require a discretionary review,
a more prolonged process involving review by the Planning Commission.
Welner noted that the town's ADU ordinance has a 1,000-square-foot maximum before triggering a staff review.
In February, the council rejected a recommendation from the Planning Commission to increase the maximum to 1,200 square feet.
Welner suggested refining those rules so there are not two separate development tracks with different rules.
“If we pass this, we're going to have two somewhat inconsistent ordinances on the books,” he said. “There's kind of a discrepancy there.”