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Tiburon council waives first reading on SB 9-related municipal code changes for urban lot splits and two-unit development
Summary
The council held a public hearing and voted to waive additional readings and accept the planning commission's recommendations to amend Tiburon Municipal Code (Title 4 chapters 14 and 16) to implement SB 9 provisions, exempt historic landmarks, and return for second reading Aug. 20.
The Tiburon Town Council held a public hearing Aug. 6 on proposed municipal code amendments to implement California's SB 9 provisions on urban lot splits and two-unit development and voted to waive further readings so the ordinance can return for adoption at the second reading on Aug. 20.
Neil Toft, the town's interim director of community development, summarized the amendments, which would repeal and replace portions of Title 4 (land use and improvements), chapter 14 (subdivision regulations regarding urban lot splits) and chapter 16 (zoning provisions for two-unit developments). Toft said the changes are intended to bring the town into compliance with SB 9 and more recent state clarifications and timelines, including a statutory requirement that approvals or denials follow tighter timelines and that denials list remediable deficiencies.
Toft told the council that the state granted cities the ability to adopt objective design standards for SB 9 projects only if those standards do not effectively preclude the ministerial housing allowed under the law; the town's draft regulations allow objective standards for lot splits but limit design controls for two-unit development to standards that apply uniformly across the zoning district. The planning commission recommended the amendments and added an exemption to exclude parcels designated or listed as historic landmarks or within historic districts from the SB 9 provisions.
Council members asked whether Tiburon has any state-recognized historic districts; staff said there are no state-designated historic districts but that the downtown had been discussed in earlier exercises and that the historic-district language is part of the government code and can remain in the ordinance. The council then read the ordinance title by title only, waived further readings on first reading, and approved the measure on roll-call vote; the ordinance will return to the council on Aug. 20 for second reading and possible adoption.
Toft said if the council approves the ordinance on second reading, staff will bring finalized code language and process changes to implement SB 9, including compliance with the state's 60-day timeline requirements and providing applicants with a list of deficiencies when denials occur.
