Article V — Zoning Permit Procedures

16-50.010 - Purpose...........................................................................................................V-3 16-50.020 - Authority for Land Use and Zoning Decisions ..............................................V-3 16-50.030 - Application Preparation and Filing ................................................................V-4 16-50.040 - Application Fees ............................................................................................V-5 16-50.050 - Initial Application Review .............................................................................V-5 16-50.060 - Staff Evaluation and Report...........................................................................V-6 16-50.070 - Story Poles .....................................................................................................V-7 16-52 PERMIT REVIEW AND DECISIONS.............................................................. V-9

.............................................V-5 16-50.060 - Staff Evaluation and Report...........................................................................V-6 16-50.070 - Story Poles .....................................................................................................V-7 16-52 PERMIT REVIEW AND DECISIONS.............................................................. V-9

16-52.010 - Purpose and Applicability..............................................................................V-9 16-52.020 - Site Plan and Architectural Review .............................................................V-10 16-52.030 - Variance .......................................................................................................V-18 16-52.040 - Conditional Use Permit................................................................................V-20 16-52.050 - Condominium Use Permit ............................................................................V-24 16-52.060 - Precise Development Plan............................................................................V-29 16-52.070 - Conceptual Master Plan ...............................................................................V-36 16-52.080 - Tidelands Permit ..........................................................................................V-38 16-52.090 - Temporary Use Permit .................................................................................V-39 16-52.100 - Secondary Dwelling Unit………………………………………………… V-41 16-52.110 - Home Occupation…………………………………………………………V-42 16-54 PERMIT IMPLEMENTATION, TIME LIMITS, EXTENSIONS ............... V-44 16-54.010 - Purpose.........................................................................................................V-45 16-54.020 - Effective Date of Permits.............................................................................V-44 16-54.030 - Applications Deemed Approved..................................................................V-44 16-54.040 - Filing of New Application After Denial ......................................................V-44 16-54.050 - Performance Guarantees ..............................................................................V-45 16-54.060 - Permit Time Limits and Extensions.............................................................V-45 16-54.070 - Changes to an Approved Project..................................................................V-46 16-56 ENFORCEMENT AND PENALTIES ............................................................. V-48 16-56.010 - Purpose.........................................................................................................V-48 16-56.020 - Enforcement .................................................................................................V-48 16-56.030 - Violations and Penalties...............................................................................V-48 16-56.040 - Legal Remedies............................................................................................V-49

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-50.010

Application Filing and Processing

Section:

16-50.010 - Purpose

16-50.020 - Authority for Land Use and Zoning Decisions

16-50.030 - Application Preparation and Filing

16-50.040 - Application Fees 16-50.050 - Initial Application Review 16-50.060 - Staff Evaluation and Report 16-50.070 - Story Poles

The provisions of Section 16-50 provide procedures and requirements for the preparation, filing, and initial processing of the Zoning Permit applications required by this Zoning Ordinance.

Table 5-1 (Review Authority, below) identifies the review authority responsible for reviewing and making decisions on each type of permit, entitlement, or amendment, as well as the proper authority to administer appeals.

Table 5-1 - Review Authority

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Table 5-1 - Review Authority

A. Application procedures.

1. Applications for permits governed by this Zoning Ordinance shall be made on forms furnished by the Planning Division. The owner of the property for which any application is submitted, or the agent or authorized representative of the owner, shall file the application with the Division. Potential applicants are encouraged to consult with Division Staff prior to application.

2. Applications shall be full and complete, including all information required for the presentation of necessary facts for the permanent record and to assist in determining the merits of the application. Handouts and instructions listing submittal requirements shall be obtained from the Division.

3. The application shall be accompanied by a written statement of the property owner, or his/her legally appointed representative, agreeing that if the Town of Tiburon grants the approval, with or without conditions, and that action is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant shall also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney’s fees that might result from the third party challenge. The Town will impose this requirement as a condition to all project approvals or conditional project approvals.

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• B. Subsequent filing of inconsistent application. When an application has been filed for a lot, the subsequent filing of a different and inconsistent application for the same lot, or substantially the same lot, shall constitute a withdrawal of the original application and such original application shall not be further processed. Provided, however, that this Section shall not apply to the filing of incidental applications that are a part of, or necessary to, a pending application.

• C. Conformity with General Plan. If the Director determines that a proposal is not in conformity with a quantified policy standard or standards established in the General Plan, the applicant shall be advised of the discrepancies in writing, and of the willingness of the Department to confer with the applicant to assist in bringing the material submitted into conformity. If the applicant does not desire to participate in such conference, and/or declines to revise the application, the Director shall not accept the application unless accompanied by an application for General Plan amendment. The decision of the Director may be appealed as provided in Section 16-66.020.C.2 (Appeal on Error).

the applicant to assist in bringing the material submitted into conformity. If the applicant does not desire to participate in such conference, and/or declines to revise the application, the Director shall not accept the application unless accompanied by an application for General Plan amendment. The decision of the Director may be appealed as provided in Section 16-66.020.C.2 (Appeal on Error).

• D. Applications outside scope of this Zoning Ordinance. In cases where the Director considers the reasons and conditions as set forth on the application do not come within the scope of the provisions or procedures of this Zoning Ordinance, the applicant shall be so informed. If the application is thereafter filed and fees paid, the fact that the applicant was so informed shall be noted on the application. Acceptance of an application does not constitute an indication of approval.

• A. The Council shall, from time to time, by resolution, fix the amounts of fees for applications, permits, and appeals required or authorized by this Zoning Ordinance. Before accepting for filing any application herein mentioned, the Director shall charge and collect, or cause to be charged and collected, a fee in the amount so fixed.

• B. The Council shall, from time to time, by resolution, fix the amount of fees for transcripts of public hearings to be charged when such a transcript is requested. The Director shall charge and collect a fee in the amount so fixed for a transcript of a public hearing.

• C. Before accepting for filing any application herein mentioned, the Director may charge and collect the estimated cost of any special reports or consultant fees that may be required to process the application. Any actual cost that is more than the estimated cost collected shall be paid by the applicant prior to the issuance of the permit, and any collected estimated costs that exceed the actual costs shall be returned to the applicant at the time of issuance of the permit, or within sixty (60) days of permit issuance.

• D. Any fees required in compliance with this Zoning Ordinance may be waived or reduced in compliance with fee waiver policies adopted by resolution of the Council.

• A. Determination of completeness. For development applications, the Town shall determine whether an application is complete or incomplete within thirty days following its receipt by the Town. The determination of completeness shall be based upon a list of submittal

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Application Filing and Processing

requirements for each application available from the Planning Division. Applications that are deemed complete shall be processed, and a decision issued, within the time limits specified in Section 65940 of the California Government Code, where applicable. The Town may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application, even after it is deemed complete.

• B. Incomplete applications. If the Town determines that an application is incomplete, notice of the incompleteness shall be sent to the applicant along with a list specifying what materials or additional information is necessary to make the application complete. Applications which are deemed incomplete pending receipt of additional materials or information shall be deemed automatically withdrawn if such information has not been received within sixty (60) days following notice of incompleteness, unless a longer response time has been indicated in the notice of incompleteness, or unless a written request for additional time is granted by the Director.

• C. Appeal of Determination of Completeness. Pursuant to Government Code Section 65943, any applicant may file a written appeal of the Director’s determination on completeness of an application to the Planning Commission, whose decision shall be final. The Planning Commission shall hear and render a written decision on the appeal within sixty (60) calendar days of the appeal filing, unless the Town and applicant have mutually agreed upon a time extension. The filing fee for the appeal shall be collected as part of the application fee charged for the permit.

• D. Hearing. Upon receipt of a complete application for which a hearing is required, the Director shall set a reasonable time and place for a hearing before the appropriate Review Authority and the hearing shall be held in compliance with the procedures and requirements set forth in this Article.

• E. Appeal from decision. The decision of any Review Authority that has been issued but is not yet final (i.e., the applicable appeal period has not yet expired) may be appealed to the Review Authority holding action appeal authority for that type of application as set forth in Table 5-1, in accordance with the provisions of Section 16-66 (Appeals).

• A. Staff evaluation. The Department shall review each Zoning Permit application filed in compliance with this Article to determine whether it complies and is consistent with the provisions of this Zoning Ordinance, other applicable provisions of the Municipal Code, the General Plan, and any applicable Zoning Permit. Applications shall also be reviewed in compliance with Town of Tiburon Environmental Review Guidelines.

• B. Staff report . Where this Article requires Review Authority action on an application, the Director shall provide a written recommendation to the applicable review authority on the disposition of the application.

• C. Report distribution. Each staff report shall be furnished to the applicant and property owner at the same time as it is provided to the review authority prior to consideration of the application.

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16-50.070

Application Filing and Processing

• A. Purpose. Story poles help to identify the scope of a proposed construction project at the project site.

• B. Application. Story Poles are required for all Board-reviewed applications, and as required by the Director for Commission-reviewed applications and Staff-level design review applications, except where the Town determines that erection of story poles would be a meaningless act.

• C. Timing. Story Poles and connecting material shall be installed at least ten days prior to the date of the hearing. Failure to install the poles and materials in a timely manner may result in continuance of the hearing date.

• D. Certification letter. A certification letter is required from a licensed surveyor or civil engineer for all story poles for new residences and commercial buildings. The certification letter shall be provided to the Town prior to the hearing.

• E. Story pole modifications. When modifications are made to a project design after the story poles are first installed, the applicants shall modify the poles to reflect the revised project design and shall verify in writing that the story poles have been altered accordingly. Story poles reflecting modifications to a project proposing a new residential or a new commercial building shall be installed and re-certified consistent with the provisions of Subsection D above.

• F. Story pole connection. Story poles for appeals before the Council shall be connected by means of ribbons, caution tape, rope or other similar highly visible materials clearly discernable from a distance of at least three-hundred feet. The Director may require connecting materials for other zoning permit applications. A story pole plan showing the poles to be connected, including location and elevations of poles and connections, shall be submitted, reviewed, and accepted as adequate by Division Staff prior to installation of the poles and connections.

• G. Removal. Story poles shall be removed no later than thirty (30) days after the Review Authority takes final action on the application, unless specifically authorized in writing by the Director to remain for a longer period.

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16-50.070

Application Filing and Processing

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-52.010

Permit Review and Decisions

Section:

• 16-52.010 - Purpose and Applicability 16-52.020 - Site Plan and Architectural Review

• 16-52.030 - Variance

• 16-52.040 - Conditional Use Permit

• 16-52.050 - Condominium Use Permit

• 16-52.060 - Precise Development Plan 16-52.070 - Conceptual Master Plan

• 16-52.080 - Tidelands Permit

• 16-52.090 - Temporary Use Permit

• A. Purpose. The provisions of Section 16-52 provide procedures for the final review and approval or denial of the Zoning Permit applications and other review requirements established by this Zoning Ordinance.

• B. Application filing and initial processing. Where applicable, the procedures of Section 16-52 are carried out after those described above in Section 16-50 (Application Filing and Processing), for each application.

• C. Applicability. The provisions of Section 16-52 shall apply to the following development applications:

  1. Site Plan and Architectural Review;

Variances;

3. Conditional Use Permits;

4. Condominium Use Permits;

5. Precise Development Plans;

6. Conceptual Master Plan;

7. Tidelands Permit.

D. Subdivision review procedures.

1. All subdivision proceedings shall be subject to the rules and regulations of Municipal Code Title IV, Chapter 14 (Subdivision of Land), and the State Subdivision Map Act (Government Code Title 7, Division 2), as amended.

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16-52.020

Permit Review and Decisions

2. For all development projects that require the division of a lot, the filing and processing of the subdivision application shall not occur until after the Precise Development Plan, when one is required, has been approved by the Review Authority as provided in Section 16-52.060 (Precise Development Plan).

• A. Purpose. The Purpose of Site Plan and Architectural Review is to ensure that the design of proposed construction and new land uses assists in maintaining and enhancing the Town’s distinctive character. The Site Plan and Architectural Review process:

  1. Ensures that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhood;

Retains and strengthens the visual quality and attractive character of the Town;

3. Ensures that landscaping emphasizes drought tolerant native species and protects mature vegetation;

4. Recognizes the interdependence of land uses and circulation, and provides for an efficient and interconnected system of streets and pedestrian ways throughout the Town;

5. Assists project developers in understanding the Town’s concerns for the aesthetics of construction; and

6. Ensures that construction complies with all applicable Town standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.

• B. Approval required. Site Plan and Architectural Review approval shall be required prior to any of the following actions (the placement of signs does not require Site Plan and Architectural Review, but does require a “Sign Permit,” in compliance with Municipal Code Chapter 16A [Signs]):

  1. Construction or erection of any “structure,” defined in Article X (Definitions) of this Zoning Ordinance, as follows:

     • “Structure” means anything that is built or constructed and requires a location on the ground, including a building, accessory building, or edifice of any kind; or any piece of work artificially built up or composed of parts. Structure does not include a fence or a wall used as a fence three and onehalf feet or less in height; nor landscaping features, decks, or pavement wherein no part of such landscaping features, decks, or pavement extends more than three feet above grade;

Physical exterior alteration of, or addition to, any existing structure, where the alteration or addition requires issuance of a Building Permit;

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Permit Review and Decisions

3. Placement or installation of swimming pools and/or spas; installation or relocation of exterior air conditioning or heating (HVAC) units, generators or similar noisegenerating mechanical equipment; satellite dishes greater than one meter in diameter; skylights; and/or devices of a similar nature, as determined by the Director;

4. Grading, excavation, filling, or earth movement that involves more than fifty cubic yards or which requires a Grading Permit in compliance with the applicable Uniform Building Code regulations;

5. The placement, replacement or modification of utility distribution poles and facilities, including, without limitation, lines, wires and boxes;

6. Modifications to the layout or design of parking lots located in a non-residential zone, or in any parking lot or parking area containing more than ten parking spaces that is located in an R-3 or RMP zone. This excludes simple repainting of existing stall lines absent any substantive modifications;

   7. The creation, installation, or establishment of any driveway or of any open parking space (or other area capable of being used as a parking space) on an improved parking surface.

   8. Sports court features, which include fences over 42 inches in height, exterior lighting poles or mounts over 42 inches in height, and non-portable (i.e. fixed in place) basketball standards or other similar structures.

• C. Application and information required. Application shall be made in compliance with the provisions of Section 16-50.030 (Application Preparation and Filing). Information and materials necessary to adequately describe the proposed project, as appropriate to the proposed size, scale, and nature of the project, and as deemed necessary by the Director, shall accompany each application. Lists of information and materials that are typically required for a complete application are available in the Planning Division.

• D. Notices. The Director shall mail courtesy (i.e., not required by state or local law) notices of all applications for Site Plan and Architectural Review to owners of property, as shown on the latest equalized Marin County assessment roll, located within three hundred feet of the subject property. Courtesy notices for Minor Alteration projects as set forth in Subsection F. may be mailed only to contiguous property owners, but may include other property owners as determined by the Director. Failure of any party to receive a courtesy notice shall not invalidate the proceedings. Notices shall not be mailed for projects approved in accordance with Subsection G. below.

E.

Design Review Board as Review Authority.

1. The Design Review Board (Board) shall be the Review Authority for all applications for Site Plan and Architectural Review, except as otherwise provided in Subsection F. Meetings and actions of the Review Authority shall be as set forth in Section 16-64 (Public Hearings).

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The Board shall meet and act on applications for Site Plan and Architectural Review within time limits in compliance with State law. The Review Authority shall determine from the reports and data submitted, supplemented by on-site inspections as the Review Authority may deem appropriate, whether the use and structures will meet the requirements herein, and shall, upon making affirmative findings, approve the application.

3. If, from the information submitted, the Board finds that the requirements and principles herein would not be achieved, it shall deny the application or approve it subject to specified conditions or modifications.

4. The Board may impose such reasonable conditions it determines are necessary to allow it to make the required findings and which insure that the principles, guidelines and standards will be met. Conditions required by the Review Authority must be implemented prior to final inspection and occupancy, unless otherwise stipulated.

   5. For green building projects, each approval for a “covered project”, as defined in Section 16-90 (Green Building), shall include a condition of approval that the project shall comply with the applicable green building standards for compliance as set for by resolution of the Council. Failure to explicitly impose the condition on an approval shall not release a project from otherwise meeting applicable requirements of Section 16-90.

• F. Director as Review Authority on applications for Minor Alteration Project. Site Plan and Architectural Review applications for the following items are considered to be Minor Alterations and may be acted upon by the Director in lieu of the Design Review Board:

  1. Residential additions less than five hundred square feet in floor area;

Accessory buildings or structures less than five hundred square feet in floor area;

3. Fences, walls, and/or retaining walls;

4. Minor exterior alterations such as windows, decks, skylights, awnings, satellite dishes, and similar items as determined by the Director;

5. Re-roofs;

6. Swimming pools;

7. Spas;

8. Installation or relocation of exterior air conditioning or heating (HVAC) units, generators or similar noise-generating mechanical equipment;

9. Modifications to approved Site Plan and Architectural Review Permits when determined to be minor in nature;

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10. Driveways and minor modifications to the layout or design of parking lots; and

11. Other minor applications that the Director determines to be appropriate for Staff action.

• G. Exception. An especially minor project may be ministerially approved by over-the-counter review by the Director if it does not result in a change to floor area or involve skylight installation and has the approval of affected neighbors. Any such application shall include signatures of consent from neighboring property owners as determined by the Director, along with all required submittal materials in compliance with Subsection C. above. Such approval is not subject to appeal.

• H. Guiding principles in the review of applications . In reviewing applications for Site Plan and Architectural Review, the Review Authority shall consider the following principles as they may apply:

  1. Site plan adequacy. Proper relation of a project to its site, including that it promotes orderly development of the community, provides safe and reasonable access, and will not be detrimental to the public health, safety, and general welfare.

Site layout in relation to adjoining sites. The location of proposed improvements on the site in relation to the location of improvements on adjoining sites, with particular attention to view considerations, privacy, location of noise-generating exterior mechanical equipment, adequacy of light and air, and topographic or other constraints on development imposed by particular site conditions.

3. Neighborhood character. The height, size, and/or bulk of the proposed project bears a reasonable relationship to the character of existing buildings in the vicinity. A good relationship of a building to its surroundings is important. For example, in neighborhoods consisting primarily of one-story homes, second-story additions shall be discouraged, or permitted with increased setbacks or other design features to minimize the intrusion on the neighborhood.

4. Floor area ratio. The relationship between the size and scale of improvements and the size of the property on which the improvements are proposed. This concept is known as floor area ratio (See Subsection I. below).

5. Grading and tree removal. The extent to which the site plan reasonably minimizes grading and/or removal of trees, significant vegetation, or other natural features of the site such as rock outcroppings or watercourses.

6. Compatibility of architectural style and exterior finish. The architectural style and exterior finish are harmonious with existing development in the vicinity and will not be in stark contrast with its surroundings.

7. Landscaping. Proposed landscaping, insofar as it is used appropriately to prevent erosion; to protect the privacy of adjoining sites; and to mitigate the visual and noise impacts of the proposed project. Applicants are encouraged to use native and drought-resistant landscaping. Proposed landscaping shall be used which will, at

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maturity, minimize primary view obstruction from other buildings. A cash deposit or other monetary security may be required to ensure the installation and/or maintenance for a one-year period of any and all landscaping. Projects that are subject to provisions of Title IV, Chapter 13E (Water Efficient Landscape) of the Tiburon Municipal Code shall comply with the Marin Municipal Water District regulations regarding water-efficient landscaping adopted by reference therein.

8. Lighting. Proposed lighting, insofar as it should not invade the privacy of other properties, or produce glare or light pollution; yet provide adequate illumination for safety and security purposes. All proposed exterior lighting shall be shielded downlighting.

9. Overall property improvement. In order to allow the gradual upgrading of existing improvements, upgrades may be required to be made to existing buildings and the site as a whole. The review of applications for additions or modifications to existing development may include conditions requiring changes and/or modifications to existing buildings and site improvements for the entire property to the extent that there is a reasonable relationship between the requested project and the changes and/or modifications required.

10. Appropriate use of building envelope. In planned residential (RPD and RMP) zones, building envelopes are generally intended to provide a larger-than-needed area for flexibility in the appropriate siting of a main structure and its accessory structures. The building envelope should not generally be interpreted as an area intended to be filled by a main structure and its accessory structures.

11. Green building. For residential covered projects, as set forth in Section 16-90.020 (Covered Projects), the project design includes features that foster renewable energy and/or resource conservation, and the overall project appears to meet or exceed the applicable green building standard for compliance as set forth by resolution of the Town Council.

12. Conformance with zoning requirements. All modifications and site improvements shall conform with the setback, parking, and height requirements established for each zone by Article II (Zones and Allowable Land Uses), and with any special requirements including recycling (see Municipal Code Chapter 16C [Recyclables Collection Area]) and screening guidelines established for specific uses by this Zoning Ordinance.

• I. Floor area ratio guidelines.

  1. Purpose. The purpose of this Subsection is to provide a community yardstick for appropriate residential size and scale, measured in gross square footage, in relation to the overall size of property on which the improvements are proposed. It is the intent of the Town to reasonably apply residential floor area ratios with regard to specific site characteristics and the surrounding pattern of development.

The floor area ratio (FAR) guideline is intended to discourage overbuilding of property, as often occurs with “tear-downs” and extensive remodel/additions on

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infill sites, and with first-time residential construction. The floor area ratio guideline for a lot is not intended as a target to be achieved, but is intended to indicate a reasonable maximum. The Town may authorize less than the maximum square footage indicated by the floor area ratio guideline when necessary to achieve compatibility with surrounding development, to maintain the neighborhood character, or for other good cause.

Calculations . Floor area is calculated using the definition contained in Article X (Definitions) under “Floor area, gross.” Floor area ratio includes accessory buildings as well as any main building.

3. FAR guidelines. Residential development standards are as shown in Table 2-2 in Section 16-21.040 (Residential Zones Development Standards). FAR guidelines for single-family and two-family residential zones (R-1, R-1-B, RO, R-2, and RPD) are shown in Table 5-2 below.

Table 5-2 - Floor Area Ratio Guidelines

• a. Examples. The following are some examples to illustrate the floor area ratio guideline concept:

  • (1) Example No. 1 . A 7,400 square foot lot generally could achieve a reasonable size and scale of residential construction with a maximum of 2,590 square feet (.35 x 7,400) of gross floor area, not including up to 600 sq. ft. of garage or carport.

  • (2) Example No. 2 . A 10,000 square foot lot generally could achieve a reasonable size and scale of residential construction with a

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maximum of 3,000 square feet ((.10 x 10,000) + 2,000) of gross floor area, not including up to 600 sq. ft. of garage or carport.

     - **(3) Example No. 3** . A 20,000 square foot lot (approximately halfacre) generally could achieve a reasonable size and scale of residential construction with a maximum of 4,000 square feet ((.10 x 20,000) + 2,000) of gross floor area, not including up to 600 sq. ft. of garage or carport. 

     - **(4) Example No. 4** . A 40,000 square foot lot (approximately one acre), generally could achieve a reasonable size and scale of residential construction with a maximum of 6,000 square feet ((.10 x 40,000) + 2,000) of gross floor area, not including up to 600 sq. ft. of garage or carport. 

     - **(5) Example No. 5.** A 60,000 sq. ft. lot (and any lot larger in size) generally could achieve a reasonable size and scale of residential construction with a maximum of 8,000 square feet of gross floor area, not including up to 750 sq. ft. of enclosed garage space, provided that the lot is at least 60,000 sq. ft. in area. 

4. Floor Area Exception. Residential construction in excess of the floor area guidelines may be granted through a floor area exception if the following findings are made:

• a. The applicant has demonstrated that the visual size and scale of the proposed structure is compatible with the predominant pattern established by existing structures in the surrounding neighborhood; and

  - b. The applicant has demonstrated that the proposed structure is compatible with the physical characteristics of the site. The characteristics include, but are not limited to, shape and steepness of the lot, ease of access, and the presence of natural features worthy of retention, such as trees, rock outcroppings, stream courses and landforms. 
  

• J. Design review guidelines. In reviewing applications for Site Plan and Architectural Review, the Review Authority shall also apply goals and principles, as appropriate to the project, set forth in the Hillside Design Guidelines, Downtown Tiburon Design Handbook, and any other guidelines adopted by Council, copies of which are available from the Planning Division.

• K. New construction projects versus remodel projects. The Town occasionally sees projects that are proposed and presented as remodel projects, but which during implementation essentially become total or near total demolitions followed by new construction. Since the Review Authority might reach different conclusions on an application if presented as a remodel project as opposed to a new construction project, the following provisions are established.

  1. Remodel applications for Site Plan & Architectural Review must include a

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statement, calculations, and demolition plan drawing of sufficient detail to demonstrate the percentage of existing exterior wall framing and roof structure to be removed as part of the project. The project shall be deemed new construction, with the expectation that the building is to conform with the appropriate zoning standards for new construction, if either of the following occurs:

  - a. The roof is removed and more than 50% of the existing exterior wall framing on the upper level is removed. A single-story dwelling is considered to be the upper story for purposes of this clause. 

  - b. All or most of the roof remains, but more than 50% of the exterior wall framing is removed. 

2. If an application is filed and approved as a remodel project, but prior to or during construction expands to become a new construction project as defined herein, all related Zoning and Building Permit approvals shall become null and void. The applicant shall be required to resubmit applications for Site Plan and Architectural Review approval and Building Permits as a new construction project. The Director shall have authority to waive this requirement in cases where the public safety and necessity require the additional demolition, or in de minimis cases.

all related Zoning and Building Permit approvals shall become null and void. The applicant shall be required to resubmit applications for Site Plan and Architectural Review approval and Building Permits as a new construction project. The Director shall have authority to waive this requirement in cases where the public safety and necessity require the additional demolition, or in de minimis cases.

• L. Roof height increases. Under certain circumstances, an increase in roof height or other changes to a roof design may result in potentially significant view obstruction impacts on neighboring homes, and may affect homes farther from the project site than is typical for Minor Alteration projects. Therefore, it is appropriate that wider notifications and enhanced visual aids are required for Minor Alteration projects that propose substantive roof height, roof location, or increased visual roof mass.

  1. Applicants shall be required to erect story poles for all Minor Alteration projects (Site Plan and Architectural Review) applications that involve modifications that would materially increase the height, location or visual mass of the roof of a structure.

     • Courtesy notices for such applications are to be mailed to all property owners within three hundred feet of the boundaries of the subject site. Story poles shall be erected prior to the date courtesy notices are mailed for the application.

• M. Staff conformance check. Following Site Plan and Architectural Review approval, upon submittal by the applicant for a Building Permit, the Director shall review the Building Permit submittal for substantial conformance with the Site Plan and Architectural Review approval. No Building Permit shall be issued until such conformance has been demonstrated. Determinations of substantial conformance are ministerial in nature and not subject to appeal.

• N. Appeals . Decisions of the Review Authority on applications for Site Plan and Architectural Review may be appealed as provided in Section 16-66 (Appeals), except that an appeal of a Director’s decision pursuant to Section 16-52.020 (F) must be appealed within five business days of the decision.

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• O. Expiration of Site Plan and Architectural Review approval. Site Plan and Architectural Review approval 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.

• A. Purpose and authorization.

  1. Where a strict or literal interpretation and enforcement of certain requirements herein would cause practical difficulties or unnecessary physical hardships inconsistent with the objectives herein, the Design Review Board and Planning Commission are empowered to grant Variances according to their respective permit review authority. (See Sections 16-60.020 [Design Review Board] and 16-60.030 [Planning Commission]).

  2. The above-mentioned practical difficulties or unnecessary physical hardships may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from population densities, street locations, or traffic conditions in the immediate vicinity of the site. Cost to the applicant of strict or literal compliance with a regulation may be given consideration, but shall not be the sole reason for granting a Variance.

  3. The Review Authority may grant Variances to the regulations prescribed by this Zoning Ordinance, in compliance with the procedures prescribed in this Section, with respect to fences, walls, screening, landscaping, site area, width, setbacks, coverage, height of structures, distances between structures, usable open space, off-street parking and off-street loading, frontage on a public street or other quantitative standard. Use Variances are prohibited.

  4. When a proposed project requires the granting of a Variance or Variances in conjunction with another entitlement, the Review Authority shall review both simultaneously and shall attempt to eliminate the need for a Variance by reasonable modifications to the project.

• B. Application and fee. The application for a Variance shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing). The application shall be accompanied by the required fee.

• C. Information required. Lists of information and materials which are normally necessary for a complete Variance application are available from the Planning Division. The Director may require additional information, plans, drawings, or other documents if needed to enable a determination as to whether the circumstances prescribed for the granting of a Variance or Variances exist, or to assist in making the findings prescribed in Subsections E. and F.

• D. Public hearing and notice required. A public hearing as prescribed in Section 16-64 (Public Hearings) shall be held to consider every application for a Variance. Notice shall be given in compliance with Government Code Section 65091 and as otherwise required in

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Section 16-64.030 (Notice of Hearing).

• E. Findings by Review Authority. In order to approve or conditionally approve an application for a Variance, the Review Authority shall, on the basis of the application and the evidence submitted, make all of the following findings:

  1. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Zoning Ordinance will deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or substantially the same zone;

The Variance will not constitute a grant of special privileges, inconsistent with the limitations upon other properties in the vicinity and in the same or substantially the same zone;

3. The strict application of this Zoning Ordinance would result in practical difficulty or unnecessary physical hardship. Self-created hardships may not be considered among the factors that might constitute special circumstances. A self-created hardship results from actions taken by present or prior owners of the property that consciously create the very difficulties or hardships claimed as the basis for an application for a Variance; and

4. The granting of the Variance will not be detrimental to the public welfare or injurious to other property in the vicinity.

The applicant shall have the burden of demonstrating the existence of any special circumstances. The Review Authority must find that facts and evidence exist in support of the findings.

F. Findings for Variances from off-street parking or off-street loading regulations.

1. In addition to making the findings required by Subsection E. above, where the application is for a Variance from regulations for off-street parking or off-street loading, the Review Authority shall also make the following findings:

   • a. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of the sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation;

   • b. Granting of the Variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets, or other private property, or on open space; and

   • c. Granting of the Variance will not create a safety hazard or any other condition inconsistent with the objectives of this Zoning Ordinance.

In compliance with Government Code Section 65006.5, a variance may be granted from parking requirements in order that some or all of the required parking spaces

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be located offsite or that in-lieu fees be provided instead of the required parking spaces, if both the following conditions are met:

• a. The variance will be an incentive to, and a benefit for, the nonresidential development.

• b. The variance will facilitate access to the nonresidential development by patrons of public transit facilities.

• G. Action by Review Authority. Upon making the findings required hereunder, the Review Authority may approve an application for a Variance as submitted or as modified. If the Review Authority cannot make the findings required hereunder, the Review Authority may deny the Variance. A Variance may be revocable and may be granted subject to such conditions as may reasonably be imposed.

• H. Appeals. The action may be appealed in compliance with the provisions of Section 16-66 (Appeals).

I.

Expiration of Variance.

1. Any Variance that is approved with an associated Zoning Permit shall expire and become null and void at the same time as the associated permit shall expire. For Variances without an associated Zoning Permit, the Variance shall expire and become null and void three years after its effective date unless it has been exercised.

A Variance, once exercised, runs with the land unless revoked.

• J. Cause and procedure for revocation. Upon written notice to the holder of a Variance, and a public hearing, the Review Authority may revoke or modify any Variance, on any one or more of the following grounds:

  1. That the approval was based on false information submitted by the applicant;

That the Variance granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; or

3. That circumstances have changed in a manner that renders the continuation of the Variance to be inconsistent with Town regulations or policies, or inappropriate or incompatible with surrounding development.

• A. General. The Planning Commission may grant a Conditional Use Permit to authorize a specific use and/or structure devoted to such use on a specific lot within a zone where such use and/or structure is allowed as a conditional use. The procedures and requirements set forth herein, together with any other provisions in this Zoning Ordinance concerning the specific conditional use, shall govern the granting or denial of a Conditional Use Permit.

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• B. Purposes. The uses listed as conditional uses are declared to be uses possessing characteristics of such unique and special qualities as to require special review to determine whether or not any such use should be permitted in a specific location that may be proposed. The purposes of the review are to:

  1. Determine whether the location proposed for the conditional use is properly related to the development of the neighborhood or vicinity as a whole;
  • 2 Determine whether the location proposed for the particular conditional use would be reasonably compatible with the types of uses normally permitted in the surrounding area;

  3. Evaluate whether or not adequate facilities and services required for such use exist or can be provided;

  4. Stipulate such conditions and requirements as would reasonably assure that the basic purposes of this Zoning Ordinance and the objectives of the General Plan would be served; and

  5. Determine whether the Town is adequately served by similar uses presently existing or recently approved by the Town.

• C. Applicability. Uses listed as allowed by a Conditional Use Permit, and the similar or accessory uses which, in the opinion of the Director conform to the purposes of such zone, are not permitted in such zone unless a Conditional Use Permit has been granted.

• D. Special considerations. Factors to be considered in determining whether or not any conditional use should be permitted in a specific location are:

  1. The relationship of the location proposed to:

     • a. The service or market area of the use or facility proposed,

     • b. Transportation, utilities, and other facilities required to serve it, and

     • c. Other uses of land in the vicinity;

The compatibility of the design, location, size, and operating characteristics with the existing and future land uses in the vicinity.

3. The probability of impairment to the architectural integrity and character of the zoning district in which it is to be located.

4. The protection of the public interest, health, safety, convenience, or welfare of the Town, or any probability of injury to property or improvements in the vicinity and zoning district in which the real property is located.

5. The need of the community for additional numbers of such uses, paying particular

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heed to whether the neighborhood or vicinity is already adequately served by similar uses.

• E. Condominium Use Permits. See Subsection 16-52.050.B (Condominium Use Permit required).

• F. Application and fee. Application for a Conditional Use Permit shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing), and shall be accompanied by the appropriate fee.

• G. Information required. Lists of information and materials that are normally necessary for a complete Conditional Use Permit application are available from the 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.

• H. Public hearing required--Notice. A public hearing as prescribed in Section 16-64 (Public Hearings) shall be held to consider every application for a Conditional Use Permit. Notice shall be given in compliance with Government Code Section 65091, and as otherwise required by Section 16-64.030 (Notice of Hearing).

• I. Action by Planning Commission

  1. All actions of the Commission relating to the findings and decision shall be made by resolution, which shall contain the findings of the Commission relative to the considerations outlined in Subsections B. and D. above and any conditions to be imposed on the Conditional Use Permit. The resolution making such findings may do so in general terms by stating that the Commission finds the matters set forth in Subsection B. and D. to be true.

If the Commission is unable to make the findings required above, the Commission shall deny the Conditional Use Permit application.

• J. Recommended conditions. In granting any Conditional Use Permit, the Commission may require that the use conform with the site plan, architectural drawings, or statements submitted in support of the application, or such modification thereof as it may deem necessary to protect the public health, safety and general welfare and to secure the objectives of the General Plan. The Commission may also impose such other conditions as it may deem necessary to achieve these purposes, including but not limited to, the following:

  1. Special yards, open spaces and buffers;

Fences and walls;

3. Surfacing of parking areas and specifications therefore;

4. Street dedications and improvements, including provisions of service roads or alleys when practical, and necessary dedications of utility easements, sites for public use, and to preserve open space;

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5. Regulation of points of vehicular ingress and egress;

6. Regulation of special parking needs or controls;

7. Landscaping and maintenance thereof;

8. Maintenance of grounds;

9. Control of noise, lighting, vibration, odors, and other potentially dangerous or objectionable elements;

10. Limits on time for conduct of certain activities;

11. Time period in which the proposed use shall be developed or commenced;

12. Final review by the Design Review Board, if appropriate;

13. Time period in which the use will be reviewed;

14. Such other conditions as will make possible the development of the Town in an orderly and efficient manner and in conformity with the interest and purposes set forth in this Zoning Ordinance and the General Plan.

The Commission may require such guarantees as it deems necessary to ensure that such conditions will be met.

• K. Off-street parking and loading requirements. The requirements for provision of offstreet parking and loading applicable to the particular use shall prevail, unless in the findings and conditions recited in the resolution, specific additional requirements are made with respect thereto.

• L. Setbacks, height and area requirements. The provisions for required front, rear, and side setbacks and requirements for height and area applicable to the particular zone in which any use is proposed to be located shall prevail, unless, in the findings and conditions recited in the resolution, specific additional requirements are made with respect thereto.

• M. Appeals. The action of the Commission may be appealed in compliance with the provisions of Section 16-66 (Appeals).

• N. Reapplication. A reapplication for a Conditional Use Permit shall not be filed within one year from the date that the Conditional Use Permit was revoked or denied. The only exceptions to this are when there has been a substantial change in circumstances or the denial was made without prejudice.

• O. Issuance of Conditional Use Permit. An application for Conditional Use Permit approved by the Review Authority will become effective only after the expiration of the appeal period provided by this Zoning Ordinance.

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P. Expiration of Conditional Use Permit.

1. Conditional Use Permits issued in compliance with this Section shall expire and become null and void one year after their effective date unless the authorized use has been commenced or an extension has been granted.

For good cause, an extension of the expiration date of the Conditional Use Permit not to exceed one additional year may be granted by the Review Authority. A request for extension must be filed prior to the expiration date and shall be accompanied by a filing fee. The permit holder shall submit sufficient information for the Review Authority to determine whether good cause for an extension exists. Consideration of the extension shall be made at a duly noticed public hearing.

• Q. Cause and procedure for revocation. Upon written notice to the holder of such permit, and a public hearing, the Review Authority may revoke or modify any Conditional Use Permit, on any one or more of the following grounds:

  1. That the approval was based on false information submitted by the applicant;

That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;

3. That the permit granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; or

4. That circumstances have changed in a manner that renders the use incompatible with surrounding development.

• A. Intent and purpose. Condominiums, as defined in Article X (Definitions), create conditions that differ markedly from those associated with rental units. These conditions associated with condominium subdivision projects may result, unless regulated, in a negative impact upon the public health, safety, welfare, and economic prosperity of the Town. It is the intent of the Town to establish rules and standards that regulate the construction of, and/or the conversion of structures to condominiums, within the Town. The provisions of this Section shall be in addition to the provisions of the State Subdivision Map Act and the provisions of Municipal Code Chapter 14 (Subdivision of Land).

The provisions and standards in this Section are intended to provide that rental units being converted to condominiums, or structures initially erected as condominiums, meet reasonable construction criteria under state and local laws, ordinances, and regulations, in order that a reasonable balance between rental housing and owner-occupied housing continues to exist in the community, and to ensure that the density, bulk, height, massing, and character of the units constructed or converted hereunder are consistent with the existing character of structures in the area. These provisions and standards shall apply to industrial, commercial, mixed use, or marina subdivisions as well as purely residential subdivisions.

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• B. Condominium Use Permit required. No subdivision map for the construction of, or conversion of any structure to, a condominium, as that term is defined herein, shall be approved, and no Building Permit for any condominium shall be issued, until a Condominium Use Permit has been issued by the Review Authority.

In the case of new construction and/or exterior remodeling of units to be offered for sale as condominiums, the application for permit shall first be referred to the Design Review Board for its analysis and recommendations in compliance with the pertinent provisions of Section 16-52.020 (Site Plan and Architectural Review).

• C. Standards for permit issuance. A Condominium Use Permit shall be issued by the Review Authority only if it determines that the property conforms to all applicable zoning regulations, or that the property was an established legal nonconforming use prior to June 21, 1980; and if the Review Authority is able to make the following findings:

  1. The Review Authority finds that the application conforms to the General Plan;

The Review Authority finds that the condominium project meets all standards of Municipal Code Chapter 13 (Building Regulations), as they apply to new construction for group R1 or R3 occupancy for multiple-unit housing and singlefamily housing except for such requirements that the Review Authority deems unnecessary to fulfill the purposes of this Section;

3. The condominium project conforms to all applicable laws, ordinances, and regulations of the Town and the State in effect at the time of construction or conversion, including but not limited to those pertaining to housing, building, fire, subdivision, and zoning. In addition, the noise transfer standards for new buildings as contained in the latest Town-adopted version of the California Building Code shall apply to both new units and existing units sought to be converted;

4. The proposed use is properly located in relation to the community and to land uses, transportation, and service facilities in the vicinity, and the site for the proposed use is adequate in size and shape to accommodate it;

5. New construction proposed for use as a condominium is compatible with existing structures in the vicinity in terms of height, size, scale, bulk, and visual character;

6. The site for the proposed use will be served by streets and/or highways of adequate width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

7. The proposed use will not unreasonably adversely affect the abutting property or the permitted use thereof;

8. The approval of the proposed condominium project will not adversely affect the provision of adequate housing for all segments of the community, and adequate replacement housing for displaced tenants is available;

9. Parking within the property lines of the project is provided to satisfy this Section,

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and for residential projects, at a ratio of no less than two spaces per dwelling unit. Each required parking space shall have direct access to the street without passing over other required parking spaces, except that the Review Authority may waive this direct access requirement for one of the two spaces required for each dwelling unit where it finds that conditions of terrain or siting make strict adherence to this provision undesirable;

10. The proposed condominium conversion project provides a substantial common area consisting of real property that is not merely a token common area such as a fence or other minor portion of the property. The purpose of this requirement is to prohibit de facto lot splits presented in the guise of condominium conversions.

The resolution making the above findings may do so in general terms by stating that the Review Authority finds the matters set forth in this Section to be true. If the Review Authority is unable to make the findings required above, the Review Authority shall deny the granting of the Condominium Use Permit.

• D. Permit applications and procedure. Applications for, and processing of, Condominium Use Permits shall be governed by the provisions of Section 16-52.040 (Conditional Use Permit). All associated variances sought for new or existing structures in relation to Condominium Use Permits shall be acted upon by the Review Authority.

In addition to the requirements of Subsection 16-52.040.G. (Information required) the applicant shall include with his permit application the following additional information:

1. A report describing the condition, code compliance, and estimate of remaining useful life of the following elements: structure, walls, roofs, paved surfaces, central or community heating and air conditioning systems, hot water heaters, and, where they are reasonably accessible for inspection, other electrical, plumbing, and mechanical equipment. Such report shall be prepared by a contractor, architect, or engineer who is licensed in the element he is reviewing. This information need not be included where newly constructed premises are sought to be erected as condominiums;

A comprehensive report advising of repairs and improvements the applicant intends to make to the premises sought to be converted, prior to sale of the unit(s). This information need not be included where newly constructed premises are sought to be erected as condominiums;

3. A report by a qualified acoustical consultant that the sound transmission requirements of the current Town of Tiburon-adopted California Building Code for walls, floors, and ceilings which separate the proposed dwelling units will be met;

4. Plans showing percentages of open space, parking, and circulation areas, building coverage, and the number of parking spaces (covered and open) in the project;

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5. A written description of the proposed project organization, including the use and control of the common elements and recreation facilities within the project; and any proposed control of common facilities to be retained by the developer or by the owner or maintained by any other organization other than the homeowners association or unit owners;

6. A structural pest control report prepared by a licensed pest control operator in compliance with Section 8516 of the California State Business and Professions Code or successor sections thereto;

7. The subdivider’s proposed program to accommodate existing tenants of units to be converted with specific reference to relocation assistance, availability of substitute accommodations, and a statement of any sale preference to present tenants;

8. If requested, a report on the proposed conversion indicating length of occupancy of present tenants, household composition of tenants, rent structure at time of application, nature of lease agreements, proposed sale prices of units and financing arrangements;

9. A list of the names of all tenants and lessees of the existing structure(s), together with a verified statement that notice of the filing of the application has been given to each such tenant and lessee by prepaid U.S. mail. Each application shall be deemed to provide authorization for inspections of the building and site by the Review Authority and by Town Staff as a condition of completeness of the application;

es of all tenants and lessees of the existing structure(s), together with a verified statement that notice of the filing of the application has been given to each such tenant and lessee by prepaid U.S. mail. Each application shall be deemed to provide authorization for inspections of the building and site by the Review Authority and by Town Staff as a condition of completeness of the application;

10. A statement indicating the exact number of units existing in the structure(s) proposed to be converted.

• E. Condominium organization documents. There shall be required a declaration of covenants, conditions, and restrictions (CC&Rs), and the formation of an association or corporation for the purpose of managing and maintaining the project. The CC&Rs shall state that the Town has the right to abate public nuisance conditions in the common area if the association or corporation fails to do so, and to assess the cost to the association, corporation, or individual unit owners. In order to accomplish this, the CC&Rs shall contain the following typical statements:

  1. In the event the Association fails to maintain the exterior portions of the common area so that owners, lessees, and their guests suffer, or will suffer, substantial diminution in the enjoyment, use or property value of the project, thereby impairing the health, safety, and welfare of the residents in the project, the Town of Tiburon, by and through its duly authorized officers and employees, shall have the right to enter upon the real property described in Exhibit “A” and to commence and complete such work as is necessary to maintain said exterior portions of the common area.

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The Town shall enter and repair only if, after giving the Association written notice of the Association’s failure to maintain the premises, the Association does not commence correction of such conditions within thirty days of delivery of the notice and proceed diligently to completion.

3. The Association agrees to pay all expenses incurred by the Town of Tiburon within thirty days of written demand. Upon failure by the Association to pay within said thirty days, the Town of Tiburon shall have the right to impose a lien for the proportionate share of such costs against such condominium or community apartment in the project.

4. It is understood that by the provisions hereof, the Town of Tiburon is not required to take any affirmative action, and any action undertaken by the Town of Tiburon shall be that which, in its sole discretion, it deems reasonable to protect the public health, safety, and general welfare, and to enforce the regulations, ordinances, and other laws.

5. It is understood that action or inaction by the Town of Tiburon, under the provisions hereof, shall not constitute a waiver or relinquishment of any of its rights to seek redress for the violation of any of the provisions of these restrictions or any of the rules, regulations, and ordinances of the Town of Tiburon, or of other laws by way of a suit in law or equity in a court of competent jurisdiction or by other action.

6. It is further understood that the remedies available to the Town of Tiburon by the provisions of this Zoning Ordinance or by reason of any other provisions of law shall be cumulative and not exclusive, and the maintenance of any particular remedy shall not be a bar to the maintenance of any other remedy. In this connection it is understood and agreed that the failure by the Association to maintain the exterior portion of the common area shall be deemed to be a public nuisance, and the Town of Tiburon shall have the right to abate said condition, assess the costs thereof, and cause the collection of said assessments to be made on the tax roll in the manner provided by pertinent provisions of the Tiburon Municipal Code or any other applicable law.

7. The Town Council of the Town of Tiburon may, at any time, relinquish its rights and interest in the project as herein set forth by appropriate resolution. Any such relinquishment by the Town Council shall be effective on the date that the resolution is adopted and a copy thereof is placed in the United States mail, postage prepaid, addressed to the Association.

8. The Association shall execute and record a declaration reflecting such relinquishment within ten (10) days of receipt of a copy of the resolution.

The above eight paragraphs cannot be amended or terminated without the written consent of the Town of Tiburon.

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• F. Information to precede final or parcel map submission. The following information shall be submitted for review prior to submittal of the final or parcel map where applicable:

  1. Copy of applicant’s proposed application for Subdivision Permit, in the event a permit is required, from the California State Department of Real Estate;

Proposed sale price of each unit;

3. A copy of notices to tenants required by Section 66427.1 of the California Government Code or successor sections thereto together with evidence of each tenant’s receipt of same.

G. Special considerations relating to Condominium Use Permits.

1. The Review Authority may consider the following matters in its review of an application for a Condominium Use Permit. The desire of current tenants to either purchase prospective condominium units or maintain rental status, as well as the desire of neighborhood residents to either rent or buy, may be a consideration in a review of the effects on the general welfare of persons residing in the neighborhood of the proposed condominium use.

lowing matters in its review of an application for a Condominium Use Permit. The desire of current tenants to either purchase prospective condominium units or maintain rental status, as well as the desire of neighborhood residents to either rent or buy, may be a consideration in a review of the effects on the general welfare of persons residing in the neighborhood of the proposed condominium use.

In granting any Condominium Use Permit, the Review Authority may impose such conditions as it may deem necessary to accomplish the purposes herein.

• A. Applicability.

  1. A Precise Development Plan is required in all RPD and RMP zones prior to subdivision, grading, or the making of improvements of any kind.

  2. For all development projects that require the division of a lot or parcel, the filing and processing of the subdivision application shall not occur until after the Precise Development Plan, if one is required, has been approved by the Review Authority as provided in this Section.

• B. Purpose. The purposes of the Precise Development Plan are:

  1. To provide for review by the Town a detailed development proposal for a designated area with unique site characteristics or environmental conditions, in both written and graphic form, to ensure that new development in such areas is compatible with the existing land uses, development standards (including but not limited to, setbacks or building envelopes, coverage limits, and height limits) and identified constraints;

To demonstrate consistency of a development proposal with the goals and policies of the General Plan;

3. To preserve and conserve critically limited open space for the protection of the

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ecology and the environment, and to safeguard against the adverse impacts of fire, noise, water pollution, the destruction of scenic beauty and hazards related to geology, fire and flood, while at the same time providing a reasonable use of the land.

• C. Contents. The Precise Development Plan shall be prepared and endorsed by qualified professionals, such as a planning consultant, licensed architect or registered building designer, a land surveyor or registered civil engineer, and registered landscape architect. It shall encompass all contiguous lots under the same, or essentially the same, ownership and shall include the following:

1. Maps.

• a. A topographic map of the property prepared by a registered civil engineer or licensed land surveyor, with metes and bounds descriptions, which depicts in accurate detail the topography, existing buildings, land features (including areas subject to flooding or ponding), and pertinent features of adjacent properties that may affect or be affected by the project. Scale shall be one inch equals fifty feet for properties of four acres or more, with a contour interval of no more than five feet; and one inch equals twenty feet for properties less than four acres, with a contour interval of no more than two feet. This map shall delineate all portions of the property that are within fifty vertical feet and/or one hundred fifty horizontal feet of the Tiburon Ridgeline, as depicted in the General Plan Open Space and Conservation Element;

re, with a contour interval of no more than five feet; and one inch equals twenty feet for properties less than four acres, with a contour interval of no more than two feet. This map shall delineate all portions of the property that are within fifty vertical feet and/or one hundred fifty horizontal feet of the Tiburon Ridgeline, as depicted in the General Plan Open Space and Conservation Element;

• b. A site plan map, at the same scale as the topographic map, showing in detail the design and location of proposed lots, building envelopes, proposed and existing structures, and all functional use areas such as roads, trails, paths, walkways, parks, common areas, rights-of-way, public and private open spaces, parking, planting, recreation, and so forth. The plan shall also depict the relationship of proposed buildings and structures to these functional areas and with existing and/or projected uses of adjacent property to a distance of two hundred feet from the subject property lines. The site plan map shall include a matrix, in tabular form, providing for each lot the proposed lot area; front, side, and rear setbacks (or their ranges for non-rectilinear building envelopes); area of the building envelope, proposed maximum height of structures, average percent of slope, and principal view direction;

• c. A preliminary grading plan map, at the same scale as the topographic map, depicting at a minimum:

  • (1) Existing contours;

  • (2) Proposed finished contours;

  • (3) All cut areas, depicted by shading or other clear means, with a cubic yard estimate for each cut area;

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• (4) All fill areas, depicted by shading or other clear means, with a cubic yard estimate for each fill area;

• (5) All areas where both cut and fill are proposed;

• (6) An estimate of the total amount of cut and fill for the project, a statement as to whether cut and fill will be balanced, and an implementation program describing how surplus earth will be removed from the site or how added fill will be imported to the site. The number of truckloads necessary to accomplish this program should be estimated;

• (7) At least three section drawings representative of the proposal, at the same scale as the grading plan;

• (8) The location and height of all retaining walls or similar features necessary to accommodate the proposed grading scheme.

• d. A slope map reflecting existing conditions and a slope map reflecting proposed finished conditions. Slope maps shall be at the same scale as the topographic map, depicting by shading or other clear means, areas of slope less than twenty percent, areas of slope between twenty percent and thirty percent, areas of slope between thirty percent and forty percent, and areas of slope greater than forty percent. The acreage of each slope category shall be estimated.

e. A resource conservation map showing the location of any of the following features on-site and describing how they will be preserved:

• (1) Springs, streams, watercourses, drainageways, ponds, or other water areas,

• (2) Rare or endangered plant or animal species (survey may be required),

• (3) Rare or endangered animal habitat areas (survey may be required),

• (4) Areas of riparian vegetation,

• (5) Archeological or paleontological resources (survey may be required),

• (6) Rock outcroppings,

• (7) Existing trails,

• (8) Existing trees with trunks greater than twenty inches in circumference at a point two feet above ground level,

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• (9) Knolls, ridges, or other places on-site from which view corridors or vistas are available,

• (10) Other noteworthy or unusual site characteristics;

• f. A preliminary erosion and siltation control plan map;

• g. A preliminary landscape plan map showing proposed treatment of common areas, roadway berms, entrances to the project, types of ground cover, types and heights of trees (at maturity), walls, irrigation, and details for walkways, paving, and fencing;

• h. Preliminary project elevations or perspective drawings.

2. Text.

• a. A general written description of the project and its site;

• b. A transportation analysis addressing circulation patterns (pedestrian, vehicular, and emergency), public and private; and estimating traffic generation as it may affect public streets within and adjacent to the proposed development. Consistency with General Plan Circulation Element policies shall be demonstrated;

• c. The number and type of dwelling units and a tabulation of the total land area and percent thereof designated for various uses. This shall include a matrix, in tabular form, providing for all lots the proposed lot area; front, side, and rear setbacks (or their ranges for non-rectilinear building envelopes); area of the building envelope and its percent of the lot area; proposed maximum height limit of structures; percent of slope of the lot, and principal view direction from each lot;

• d. An analysis of all public, quasi-public, recreational and educational facilities both on- and off-site, existing and proposed, in terms of the adequacy thereof to meet the project needs;

• e. A statement of the provisions for ultimate ownership and maintenance of all areas included within the project, including streets, structures, landscaping, drainage-ways and open space areas;

• f. A proposal describing how the Town’s inclusionary housing policies will be addressed;

• g. Floor areas and proposed uses of non-residential buildings, if any;

• h. A description (with graphics) of provisions for storm drainage, sewage, paving, fencing and public utilities;

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• i. An acoustical analysis, prepared by a properly registered firm or consultant, with analysis based upon the Town’s standards as set forth in the General Plan Noise Element;

  • j. A preliminary title report for all involved parcels, including copies of documents referenced in the title report that could have a material effect on the development of the property. The beneficiary property, identified by assessors parcel number, shall be given for each easement burdening and benefiting the subject property. A separate sheet plan shall be provided indicating all proposed and existing easements, their dimensions and purposes clearly labeled;

  • k. Engineering studies in sufficient detail to indicate adequacy of soils, flood control, storm drainage, sewage disposal, and public utilities. Such studies shall include in-depth geologic and soils investigations and shall fully and clearly present all pertinent data. Such studies shall also clearly demonstrate the feasibility of the project as proposed;

  • l. A statement indicating the stages of construction, or phasing, for the entire development and a statement from applicable public utilities that service is available;

  • m. A draft of proposed deed restrictions, CC&Rs if any, and provision for circulation ways, view easements, maintenance of common or private areas and improvements, and preservation of open spaces. Any areas or improvements proposed for dedication to the Town shall be identified;

  • n. A statement describing the proposed materials and colors for the development, its theme (if any), and an explanation of how the proposal will be compatible with surrounding land uses;

  • o. A list of all other agencies from which a permit must be obtained, specifying the type of permit where known;

  • p. A statement describing whether the development involves diking, filling, dredging or placing structures in open waters, wetlands, or riparian corridors. If yes, then describe the specific nature of the proposal in this regard and note whether an Army Corps of Engineers permit and/or a Bay Conservation and Development Commission permit has been or will be applied for.

  • q. A preliminary Vegetation Management Plan conforming to Fire District regulations.

3. Photos and story poles. Photo montages of the site as seen from critical vantage points, with accurate depictions of the proposed project superimposed, as well as one or more story poles or equivalent references as necessary to verify heights of buildings. Stakes shall be installed at the corners of building envelopes and along the centerline of proposed roadways.

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4. Other. Such other information as the Director may reasonably require.

The relevancy of some of the above requirements will necessarily depend upon the nature and extent of the particular property and project being proposed. Upon written request, the Director shall advise the applicant of those requirements that may not be required to constitute a complete application.

• D. Precise Development Plan procedure. Applications for Precise Development Plan shall be reviewed by the Commission, which after holding at least one public hearing, shall forward its recommendation by resolution to the Council. The Council shall consider the recommendation of the Commission, and after holding at least one public hearing, shall take final action on the application. Final action shall be by resolution of the Council. Approval of a Precise Development Plan is a legislative action by the Town, and as such shall not be effective until thirty days after adoption of the resolution by the Council.

• E. Principles. Principles to be applied in making a determination to approve, deny or modify an application for Precise Development Plan approval are as follows:

  1. Significant open space shall be permanently preserved, through dedication or other means acceptable to the Town, consistent with policies of the General Plan Open Space and Conservation Element.

Preservation of the natural features of the land shall be achieved to the maximum extent feasible through minimization of grading and sensitive site design. Features worthy of preservation include ridgelines, prominent knolls, desirable native vegetation, trees, significant rock outcroppings, watercourses, and riparian corridors.

3. Slopes created by grading should not exceed thirty percent. Final contours and slopes should reflect natural land features.

4. Every reasonable effort shall be made to preserve principal vistas, view points, view corridors, mature trees, rare plants, significant native flora and fauna, areas of historical significance, access corridors, and habitats of endangered species.

5. Location of development well below ridgelines shall be achieved, in compliance with the General Plan and other Town policies.

6. Prominence of development and construction should be minimized by appropriate location of grading and placing of buildings in order to screen by wooded areas, rock outcroppings and depressions in topography or other features.

7. Due consideration shall be given to avoid, eliminate or reduce areas posing geologic and non-geologic hazards.

8. Minimization of significant adverse impacts, as detailed in the environmental impact report, if one is required.

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9. Roads shall be designed for minimum slopes, grading, cutbacks and fill. Narrowing of roadways may be allowed to reduce grading, retaining walls, and other scarring of the land.

10. Proposed arrangement of residential units and design of circulation system shall provide harmonious transition from and be compatible with neighboring development and open space. Monotony in design, and massive or inordinately large or bulky structures and site coverage that overwhelm or that are inconsistent with the surrounding area, shall be avoided.

11. Adequate consideration shall be given to the need for appropriate privacy between residential units and other uses. Design shall ensure minimum visual and aural intrusion into indoor and outdoor living areas from adjacent living areas.

12. Improvements shall be placed so as to minimize intrusion of noise on nearby areas.

13. Landscaping shall be designed so as to result in the least possible disturbance of natural and/or open areas and shall be compatible with the natural setting. Consideration shall be given to fire protection, water conservation, protection of views and trail areas, and buffering of noise.

14. Utilities shall be underground and streetlights, if needed, shall be of low intensity and low in profile.

15. Materials and colors used in improvements shall blend into the natural environment to the extent reasonably possible.

16. Consistency with other goals and policies of the General Plan elements shall be demonstrated.

• F. Expiration of Precise Development Plan. Any Precise Development Plan approval shall expire and become null and void unless one of the following happens within thirty-six months after its effective date:

  1. A tentative subdivision map is approved consistent with the approved Precise Development Plan;

     • If no subdivision map is necessary, subsequent Zoning or Building Permits have been issued in compliance with the approved Precise Development Plan;

  2. An extension has been granted. A request for extension must be filed prior to the expiration date and shall be accompanied by a filing fee to be established by resolution of the Council. The permit holder shall submit sufficient information to the Town to determine whether good cause for an extension exists. Consideration of the extension shall be in compliance with Subsection H. (Amendments).

Upon expiration of a Precise Development Plan, the zoning for the site shall revert to that which existed prior to the Precise Development Plan approval, or if such zone no longer exists, to its nearest equivalent as determined by the Director.

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• G. Denial, conditional approval of plan. If from the facts presented, the Council is unable to make the findings to approve a Precise Development Plan, the application shall be denied. In taking action, the Council may deny the Precise Development Plan as submitted, or may approve such plan subject to specified amendments or conditions.

• H. Amendment. Amendments to an adopted Precise Development Plan shall be processed using the same procedure as described in Subsection D. (Precise Development Plan procedure) pertaining to original adoption, except that in cases where the Commission votes to deny an application for precise development plan amendment, then the action of the Commission shall be final, and no action of the Council shall be required. Decisions of the Commission may be appealed as provided in Section 16-66 (Appeals).

I.

Moratorium.

1. The period of time specified for the expiration of the Precise Development Plan shall not include any period of time during which a development moratorium, imposed after the approval of the Precise Development Plan, is in existence, provided, however, the length of the moratorium does not exceed five years.

2. Once a moratorium is terminated, the Precise Development Plan shall be valid for the same period of time as was left to run on the approval at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty days, the approval shall be valid for one hundred twenty days following the termination of the moratorium.

J. Exemption from requirements of Precise Development Plan.

1. The Director may waive the requirements of a Precise Development Plan, or various parts thereof, where the requirements are, in whole or in part, deemed inappropriate or inapplicable. Any such waiver shall be confirmed by the Commission.

Refusal of the Director to waive the requirements of the Precise Development Plan or various provisions thereof, upon written request by an applicant, may be appealed to the Commission by the applicant. The Commission’s decision shall be final.

At the option of the property owner or duly authorized agent of the property owner, a Conceptual Master Plan review package may be filed with the Director. The Conceptual Master Plan is not a permit or an entitlement, and shall not be binding on the Town in any way, but is intended as a preapplication review for a subsequent Precise Development Plan submittal (see Section 16-52.060 [Precise Development Plan]). The Conceptual Master Plan requires considerably less detailed submittal information than a Precise Development Plan application. A Conceptual Master Plan review is strongly recommended when significant deviations from Town policies or regulations are anticipated in a development project.

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• A. Purpose. The purposes of the Conceptual Master Plan are as follows:

  1. To encourage cooperative, good faith, participatory efforts by the public, the Town, the project proponent, and all other involved parties in addressing difficult land development issues;

To determine controversial aspects of a site or a potential development proposal and attempt to reach consensus on ways in which the controversial issues may be reasonably addressed. Public input shall be encouraged;

3. To obtain preliminary review and evaluation by Staff and related agencies regarding general consistency of the proposal with the General Plan and other applicable ordinances and regulations. The specificity of the review must necessarily reflect the specificity of the submittal;

4. To obtain preliminary public review and comment on a relatively schematic development proposal in order to assist project proponents in designing a Precise Development Plan that may be acceptable to the community and the Town;

5. To establish an informational foundation for any subsequent Precise Development Plan submittal.

• B. Contents. The Conceptual Master Plan package shall consist of the following information and materials, details of which are further described in Section 16-52.060 (Precise Development Plan) but which excludes detailed engineering or other detailed information that is not necessary or is premature for evaluation of the Conceptual Master Plan, as determined by the Director:

  1. A topographic map;

A conceptual site plan showing the type, location, and density of the proposed development; all roadways, proposed open spaces (whether public or private), and other functional use areas such as parking, planting, and recreation areas;

3. A preliminary grading plan;

4. A preliminary geological investigation report prepared by a qualified soils expert;

5. A resource conservation map;

6. A general written description of the project and its site;

7. A narrative describing how the project will be compatible with the setting and the neighborhood;

8. Photo montages of the site as seen from critical vantage points, with reasonably accurate depictions of the proposed project superimposed, as well as one or more story poles or equivalent references as necessary to verify heights on the montages;

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9. A statement describing the proposed typical materials and colors for the project;

10. A statement describing how the Town’s inclusionary housing requirements will be addressed;

11. A list of other agencies from which a permit must be obtained in order to carry out the project, specifying the type of permit where known;

12. A preliminary title report;

13. Such other information as the Director may reasonably require;

14. The Conceptual Master Plan will identify open waters, wetland and riparian corridors, as well as any areas involving diking, filling, or dredging;

15. A preliminary schedule of staging, sequence and approximate times for all proposed development.

C. Procedure.

1. Once the Director has determined that the appropriate materials have been submitted, an advisory agency meeting will be scheduled to discuss the proposal. This meeting would typically involve the Fire District, Town Engineer, Public Works Department, Planning Division, and other affected agencies.

2. Following this meeting, one or more informational meetings at the neighborhood, Commission, and/or Council level will be held at which the project proponent is to present the conceptual plan and respond to questions, and at which public input may be gathered.

3. Courtesy notices to property owners within three hundred feet, homeowner groups, and other interested parties shall be sent at least ten days prior to such meetings.

• D. Fees. Fees for the Conceptual Master Plan shall be one-half of those established by the Town for Precise Development Plan applications.

• A. Purpose . To preserve, promote and enhance tidelands, waterways, shorelines, salt marshes, and beaches as vital natural resources that provide open space, wildlife habitat, scenic views, and recreational and water-oriented resources in the Town of Tiburon.

• B. Review . Tidelands Permit review consists of examination of plans and proposals for land use, grading, or site construction/development.

• C. Requirements. A Tidelands Permit is required for all grading and/or construction on land and/or water areas within the Town’s jurisdiction that are located in the M zone, and includes all submerged land, and partially submerged land up to the mean high tide line on the property, utilizing North American Vertical Datum (1988) for elevation data, unless

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designated in a different zone on the zoning map.

• E. Exemptions . Emergency work to prevent impending damage to land or improvements from floodwaters; maintenance work to buildings or structures that were approved by Tidelands Permit; any structure, fill, or excavation which the Director finds to be minor or incidental; any structure, fill or excavation which has been approved as part of any application, action or permit except as approved by a Building Permit, shall not be subject to a Tidelands Permit.

• F. Permitting Procedures. The Director shall act on Tidelands Permit applications if the application includes only repair to a structure, or work is found to be minor and incidental and without significant environmental impact. If the application involves new construction and cannot be considered to be minor and incidental and/or is expected to have significant environmental impact, the application shall be referred to the Commission for consideration with a Conditional Use Permit (Section 16-52.040).

• A. Purpose. The purpose of Section 16-52.090 is to establish procedures for allowing shortterm uses that may not meet the normal development or use standards applicable to the subject zoning district, but that may be acceptable because of their temporary nature.

This section provides a review process for a proposed use to ensure that basic health, safety, and general community welfare standards are met. This section also provides a process for Town approval of a suitable temporary use with the minimum necessary conditions or limitations consistent with the temporary nature of the use. This section is not intended to regulate uses permitted under the Town’s Special Events Permit Policy.

• B. Approval required. A Temporary Use Permit may be approved for any of the following temporary uses:

  1. Holiday product sales lots. Lots used for the sale of seasonal holiday products, and the establishment of an accessory temporary security trailer on the sales lots may be approved when needed for the provision of security. A permit shall not be required when the temporary sales lot is used in conjunction with an established commercial business that has been issued a valid Town Business License, provided that the activity does not impair vehicle access. Examples of temporary holiday sales lots are Christmas tree lots, pumpkin patches, and other seasonal holiday products. The uses may be located on vacant lots or within existing parking lots, but may not occupy parking spaces needed to meet the minimum parking requirements for the property required under Section 16-32 (Parking and Loading Standards).

  2. Temporary real estate office. A temporary real estate office may be approved within the area of an approved residential development project only for the sale of homes and/or lots.

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3. Temporary work trailers. A trailer, coach, or mobile home may be approved as a temporary work site for employees of a business when at least one of the following conditions exist:

   • a. When a valid Building Permit is in effect, and the construction or remodeling of a permanent building is taking place; or

   • b. When an applicant can demonstrate that a temporary trailer is needed on a short-term basis.

4. Similar temporary uses. Other temporary uses which, in the opinion of the Director, are similar to and compatible with the zoning district and surrounding land uses may be approved. The maximum time period for which these types of uses shall be allowed will depend upon the particular circumstances involved.

• C. Action by Director; Appeal. The Director may approve or conditionally approve a Temporary Use Permit only if the proposed temporary use is in compliance with Section 16-52.090 (B) above, and if all of the following findings are made:

1. The establishment, maintenance or operation of the requested use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use.

   2. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the vicinity or to the general welfare of the Town.

   3. Approved measures for removing the use and restoring the site will ensure that the temporary use causes no changes to the site that will limit the range of possible future land uses otherwise allowed by this Zoning Ordinance.

In order to make the determinations and findings listed above, the Director shall take into consideration the temporary nature of the requested land use activity. The decision of the Director may be appealed to the Planning Commission pursuant to Section 16-52.020, using procedures set forth in Section 16-66 (Appeals). The decision of the Planning Commission shall be final.

• D. Recommended conditions. In approving any Temporary Use Permit, the Director may require that the use conform with the site plan, architectural drawings, or statements submitted in support of the application, or such modification thereof as the Director may deem necessary to protect the public health, safety and general welfare and to secure the objectives of the General Plan. The Director may also impose such other conditions as deemed necessary to achieve these purposes, including but not limited to, the following:

  1. Condition of site following temporary use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Zoning Ordinance. A bond may be required prior to initiation of the use to ensure cleanup after the use is finished.

  2. Time limits. The Notice of Action for any approved Temporary Use Permit shall specify the permit duration.

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3. Other permits. Any use approved under a Temporary Use Permit shall comply with all other licensing and/or permitting requirements of other departments or agencies necessary for operation of the use, including, but not limited to, Town business license, fire district, Marin County Environmental Health and State Alcoholic Beverage Commission.

This Section provides for the establishment and reasonable regulation of secondary dwelling units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare.

• A. Application and fee. Application for a Secondary Dwelling Unit Permit shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing) and shall be accompanied by the appropriate fee.

• B. Director of Community Development as Review Authority. Applications for secondary dwelling units shall be acted upon by the Director without discretionary review or a public hearing.

• C. Grant of Secondary Dwelling Unit Permit. In order to grant a Secondary Dwelling Unit Permit, the Director shall find that the secondary dwelling unit would comply with all of the standards set forth in the Town’s Standards for Secondary Dwelling Units as adopted by Council resolution.

• D. Building Permits. A Building Permit shall be required in conjunction with the issuance of a Secondary Dwelling Unit Permit if repair, rehabilitation, or other work otherwise requiring a Building Permit is necessary.

• E. Approved Conditional Use Permits still valid. Any secondary dwelling unit legally established with an approved Conditional Use Permit prior to July 1, 2003 shall continue to be considered a legal, conforming dwelling unit. Secondary dwelling units established by any such Conditional Use Permit shall continue to comply with all conditions of the permit approval.

• F. Premises identification. Approved numbers or addresses shall be provided for each dwelling unit and said numbers or addresses shall be plainly visible and legible from the street fronting the property.

• G. Expiration. Secondary Dwelling Unit Permits issued in compliance with this Section shall expire and become null and void three years after issuance unless a Certificate of Occupancy has been issued by the Building Division.

• H. Revocation. Upon written notice to the holder of a Secondary Dwelling Unit Permit, and a hearing before the Director, the Director may revoke or modify any Secondary Dwelling Unit Permit, on any one or more of the following grounds:

  1. That the approval was based on false information submitted by the applicant.

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That the use for which such approval was granted has ceased to exist or has been suspended for one year or more.

3. That the permit granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation.

• I. Periodic update. The Department shall maintain a record of all legal secondary dwelling units and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the secondary dwelling unit is in compliance with all conditions of the Secondary Dwelling Unit Permit, or with all conditions of the Conditional Use Permit if the secondary dwelling unit was established under a Conditional Use Permit issued prior to July 1, 2003.

• J. Reporting of violations. All reporting of secondary dwelling unit violations shall be in writing and directed to the Department. The Director shall notify the owner of record of the property that a complaint has been registered, within ten calendar days from receipt of any such complaint. The Director shall investigate and issue a written report to the complainant within thirty days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps that have been requested of the owner of record to remedy the situation.

• K. Violations considered an infraction. Violations of this Section shall be punished as infractions or by administrative citation, in the discretion of the Director and shall be subject to the provisions of Section 16-56.030 (Violations and Penalties) and/or Municipal Code Chapter 31 (Enforcement of Code). This Subsection also applies to violations of conditions of approval issued in association with any secondary dwelling unit approval.

• L. Violations--Additional remedies--Injunctions. As an additional remedy, the existence and/or maintenance of any secondary dwelling unit in violation of any provisions herein, or of any conditions of approval placed thereon, shall be cause for revocation and shall be deemed and is declared to be a public nuisance and may be subject to summary abatement (i.e., including, without limitation, administrative abatement in compliance with Municipal Code Chapter 31 [Enforcement of Code]), and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action.

• M. Appeals. Any person aggrieved by any decision involving the approval, denial, or revocation of a Secondary Dwelling Unit Permit (or a Conditional Use Permit if the secondary dwelling unit was established under a Conditional Use Permit issued prior to July 1, 2003), may appeal such decision to the Town Council in compliance with Section 16-66 (Appeals).

• A. Application and fee. Application for a Home Occupation Permit shall be made in

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compliance with the provisions of Section 16-50 (Application Filing and Processing), and shall be accompanied by the appropriate fee.

B.

• General criteria. Home occupations shall be limited to the following uses:

1. Art and craft work (ceramics, painting, photography, sculpture, etc.);

Tailors, sewing, etc.; and

3. Office-only uses, including an office for an architect, attorney, consultant, counselor, insurance agent, planner, tutor, writer, etc., and electronic commerce.

Home Occupations also includes any other uses which may be determined by the Review Authority to be of the same general character as the above occupations, and not objectionable or detrimental to the zone in which they are located.

• C. Operating Standards. Home occupations shall meet the following requirements:

  1. No significant additional traffic shall be created in the neighborhood;

Adequate parking shall be maintained;

3. No more than one nonresident person shall be employed, at which time an additional off-street parking space shall be required beyond that required by Subsection C.2 above;

4. No material may be stored, and no equipment used which is hazardous or visible or audible from outside the building or otherwise creates a nuisance;

5. There shall be no display of goods visible from the exterior of the building, and no signs may be placed on the building or property.

The Review Authority may impose any reasonable conditions on the home occupation that are warranted by the type of activity. All persons conducting businesses from their homes are required to have a valid business license from the Town.

• D. Referral. In his sole discretion, the Director may refer any application for a Home Occupation Permit to the Planning Commission for review and action.

• E. Appeals. Any person aggrieved by any decision of the Director involving the approval, denial, or revocation of a Home Occupation Permit, may appeal such decision to the Planning Commission in compliance with Section 16-52.020 (Authority for Land Use and Zoning Decisions) and Section 16-66 (Appeals). The decision of the Planning Commission on the appeal shall be final. Any person aggrieved by any decision of the Planning Commission involving the approval, denial, or revocation of a Home Occupation Permit (except on appeal), may appeal such decision to the Town Council using procedures set forth in Section 16-66 (Appeals).

• F. Business license. A home occupation shall have a valid business license from the Town.

Article V - Zoning Permit Procedures

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-54.010

Permit Implementation, Time Limits, Extensions

Section:

16-54.010 - Purpose 16-54.020 - Effective Date of Permits 16-54.030 - Applications Deemed Approved 16-54.040 - Filing of New Application After Denial 16-54.050 - Performance Guarantees 16-54.060 - Permit Time Limits, Extensions, and Expiration 16-54.070 - Changes to an Approved Project

The provisions of Section 16-54 provide requirements for the implementation or vesting of the permits required by this Zoning Ordinance, including time limits and procedures for granting extensions of time.

A Site Plan and Architectural Review approval, Variance, Conditional Use Permit, Condominium Use Permit, Secondary Dwelling Unit, or Tidelands Permit, shall become effective on the 11th day following the date of application approval by the review authority, provided that the appeal period has ended and no timely appeal has been filed in compliance with Section 16-66 (Appeals). For Site Plan and Architectural Review applications for Minor Alteration projects, the approval shall become effective on the sixth business day following the date of application approval by the Director, provided that the appeal period has ended and no timely appeal has been filed in compliance with Section 16-66 (Appeals). A Precise Development Plan approval shall become effective on the 31[st] day following date of application approval by the Town Council.

A Zoning Permit application deemed approved by operation of law pursuant to Government Code Section 65956 shall be subject to all applicable provisions of this Zoning Ordinance, which shall be satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is established.

After the denial of an application for, or the revocation of, a Site Plan and Architectural Review approval, Variance, Conditional Use Permit, Condominium Use Permit, Secondary Dwelling Unit, or Tidelands Permit, no application for the approval of the same or a substantially similar project on the same site shall be considered by the Review Authority within one year after the date of its action on the original application, unless it is established that there has been a substantial change in the circumstances under consideration in the original proceedings, or that the denial was made without prejudice.

Article V - Zoning Permit Procedures

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-54.050

Permit Implementation, Time Limits, Extensions

A permit applicant may be required by conditions of approval, or by action of the Review Authority, to provide adequate financial security, in a form acceptable to the Director, to guarantee and/or monitor the faithful performance of and compliance with any/all conditions of approval imposed by the Review Authority on the permit.

• A. Time limits. Unless a condition of approval or other provision of this Zoning Ordinance establishes a different time limit, any permit or approval not exercised within 12 months of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection B., below, or by the period of time in which:

  1. An appeal to the Review Authority is pending; or

  2. Construction is restrained by the process of any Court of competent jurisdiction.

• B. Extensions of time. Unless otherwise specified in this Zoning Ordinance, upon written request by the applicant, the Review Authority may grant no more than two separate extensions of up to one year per extension from the date of expiration of the original approval to the time for an approved Zoning Permit to be exercised.

  1. Filing and review of request.

  - **a. Time for filing.** The applicant shall file a written request for an extension of time with the Director before the expiration of the permit, together with the filing fee required by the Town. 
  
  - **b. Evidence to be provided.** The Director shall determine whether the applicant has made a good faith effort to exercise the permit or whether efforts to exercise the permit have been abandoned. 
  

  2. Action on extension request. A permit may be extended as follows for no more than two additional one-year periods beyond the expiration of the original approval, provided that the Review Authority first finds that there have been no substantial changes in the conditions or circumstances of the site or project such that there would have been grounds for denial of the original project.

  - **a. Director’s action.** Upon good cause shown, the first extension may be approved, approved with modifications or denied by the Director, whose decision may be appealed in compliance with Section 16-66 (Appeals). 
  
  - **b. Review Authority action.** One subsequent extension may be approved, approved with modifications, or denied by the Review Authority, whose decision may be appealed in compliance with Section 16-66 (Appeals). 
  

• C. Exception. Permit time limits and extensions in this Section are not applicable to Site Plan

Article V - Zoning Permit Procedures

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-54.070

Permit Implementation, Time Limits, Extensions

and Architectural Review permits, which are governed by Section 16-52.020 (O).

Development, construction or a new land use authorized through a Zoning Permit granted in compliance with this Zoning Ordinance shall be established only as approved by the Review Authority, and in substantial conformance with any conditions of approval, except where a change to the project is approved as follows.

• A. Application. An applicant shall request a desired change in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. A change may be requested either before or after construction, or establishment and operation of the approved land use.

• B. Changes approved by Director. The Director may authorize one or more changes to an approved site plan, architecture, conditions of approval, or the nature of the approved land use where the Director first determines the change is minor, and finds that each change:

  1. Is consistent with all applicable provisions of this Zoning Ordinance;

     • Does not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;

  2. Does not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the Review Authority in the project approval;

  3. Does not result in a significant expansion of the use;

  4. Does not result in additional floor area or skylights; and

  5. Results in a revised project that is in substantial conformance with the form and intent of the original approval.

The Director may choose to refer any requested change to the original Review Authority for review and final action.

• C. Appeal. The decision of the Director to approve changes to an approved project may be appealed to the Review Authority that originally approved the project, pursuant to Section 16-50.020.

• D. Changes approved by original Review Authority . A proposed change that does not comply with the criteria in Subsection B. above, shall only be approved by the original Review Authority for the project through a new permit or formal amendment application processed in compliance with this Zoning Ordinance.

Article V - Zoning Permit Procedures

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-54.070

Permit Implementation, Time Limits, Extensions

Article V - Zoning Permit Procedures

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-56.010

Enforcement and Penalties

Section:

16-56.010 - Purpose 16-56.020 - Enforcement 16-56.030 - Violations and Penalties

• 16-56.040 - Legal Remedies

The purpose of Section 16-56 is to establish procedures for Town responses to violations of this Zoning Ordinance and any conditions of Zoning Permits, in order to promote the Town’s planning efforts and to protect the public health, safety, and welfare.

The Director may withhold issuance of any permit or entitlement of use authorized under the provisions of this Zoning Ordinance if he or she determines that there has not been full compliance with all applicable ordinances, regulations, and statutes pertaining to land divisions, including but not limited to the State Subdivision Map Act (California Government Code Title 7, Division 2), and Municipal Code Chapter 14 (Subdivision of Land); or if it appears that the land to which the permit applies is not a legally created lot. Any permit, license, or other certificate of entitlement issued contrary to the provisions of this Zoning Ordinance is void.

• A. Infraction. Any person violating any provision or failing to comply with any requirement of this Zoning Ordinance, including without limitation any violation of any Zoning Permit condition, shall be guilty of an infraction. Penalties for infractions shall be those set forth in Government Code Section 36900, as amended. Violations may also be prosecuted administratively, in compliance with Municipal Code Chapter 31 (Enforcement of Code).

• B. Power of arrest. The Town Manager, Director, and Building Official, building inspector, or their designee, are authorized with the power of arrest for any person who violates any provision of this Zoning Ordinance, in compliance with Section 836.5 of the California Penal Code.

• C. Public nuisance. Any violation of this Zoning Ordinance shall constitute a public nuisance. In addition to any other remedies provided in this Section, the Town may summarily abate any such violation and/or bring civil suit to abate the same.

Article V - Zoning Permit Procedures

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-56.040

Enforcement and Penalties

• D. Separate offenses--Cumulative remedies. Each and every day any violation of this Zoning Ordinance continues, is committed, or is permitted to continue, shall be regarded as a new and separate offense. The remedies provided in this Section shall be cumulative and not exclusive.

• A. No person, business or legal entity shall maintain a court action or proceeding to attack, review, set aside, void or annul any decision on matters listed in this Zoning Ordinance, including, but not limited to, rezoning or reclassification of property or zoning text amendment, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless they commence such action or proceeding is commenced within ninety days after the effective date of the challenged decision. Thereafter, all persons are barred from any such action or proceeding, or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations.

• B. The provision of this Section shall apply to matters listed in this Zoning Ordinance. Provided, however, that should any court of competent jurisdiction hold that this Section is invalid in its application to matters referred to in California Government Code Section 65009, then such invalidity shall not affect the application of the provisions of this Section to all other matters listed in this Zoning Ordinance, and, to this end, the application of this Section to matters other than those listed in California Government Code Section 65009 is declared to be severable.

• C. The Council declares that it would have adopted this Section and made the same applicable to matters other than those listed in California Government Code Section 65009 irrespective of any holding that this Section cannot legally be applied to matters referred to in California Government Code Section 65009.

Article V - Zoning Permit Procedures

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE