Article VI — Zoning Ordinance Administration

16-60 ADMINISTRATIVE RESPONSIBILITY ........................................................VI-3 16-60.010 - Purpose......................................................................................................... VI-3 16-60.020 - Design Review Board .................................................................................. VI-3 16-60.030 - Planning Commission .................................................................................. VI-4 16-60.040 - Town Council............................................................................................... VI-6 16-62 NONCONFORMING USES, STRUCTURES, AND LOTS............................VI-8 16-62.010 - Purpose and Applicability............................................................................ VI-8 16-62.020 - Definitions.................................................................................................... VI-8 16-62.030 - Restrictions on Nonconforming Structures and Uses .................................. VI-9 16-62.040 - Legal Nonconforming Lots........................................................................ VI-11 16-64 PUBLIC HEARINGS........................................................................................VI-12 16-64.010 - Purpose....................................................................................................... VI-12 16-64.020 - Setting of Hearing ...................................................................................... VI-12 16-64.030 - Notice of Hearing....................................................................................... VI-12 16-64.040 - Hearing Procedure...................................................................................... VI-12 16-64.050 - Findings, Conditions, and Decisions.......................................................... VI-13 16-64.060 - Notice of Decisions.................................................................................... VI-14 16-64.070 - Permanent Records of Hearings................................................................. VI-14 16-64.080 - Indemnification .......................................................................................... VI-14 16-66 APPEALS ...........................................................................................................VI-15 16-66.010 - Purpose....................................................................................................... VI-15 16-66.020 - Appeal Subjects and Jurisdiction ............................................................... VI-15 16-66.030 - Filing and Processing of Appeals............................................................... VI-16 16-66.040 - Site Plan and Architectural Review Exception .......................................... VI-17 16-68 AMENDMENTS TO ZONING ORDINANCE ..............................................VI-19 16-68.010 - Purpose and Authority ............................................................................... VI-19 16-68.020 - Initiation of Amendment............................................................................ VI-19 16-68.030 - Prezoning and Annexation......................................................................... VI-20 16-68.040 - Hearings and Notice................................................................................... VI-20 16-68.050 - Commission Findings ................................................................................ VI-20 16-68.060 - Council Action on Amendment ................................................................. VI-21 16-68.070 - Changes to Zoning Map............................................................................. VI-21 16-68.080 - Refiling of a Rezoning Application ........................................................... VI-21

................................................... VI-20 16-68.060 - Council Action on Amendment ................................................................. VI-21 16-68.070 - Changes to Zoning Map............................................................................. VI-21 16-68.080 - Refiling of a Rezoning Application ........................................................... VI-21

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

VI-1

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

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

VI-2

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

16-60.010

Administrative Responsibility

Section:

16-60.010 - Purpose 16-60.020 - Design Review Board 16-60.030 - Planning Commission 16-60.040 - Town Council

The purpose of Section 16-60 is to describe the Zoning Permit review authority and other duties of the Design Review Board, Planning Commission, and Town Council in the administration of this Zoning Ordinance.

• A. Duties of Design Review Board. The Design Review Board shall have the following Zoning Permit review authority and other duties:

  1. Review, and thereafter to approve, deny, or approve with conditions or modifications, applications for Site Plan and Architectural Review, in compliance with Section 16-52.020 (Site Plan and Architectural Review);

  2. Review, and thereafter to approve, deny, or approve with conditions or modifications, applications for a Variance from the provisions of the Zoning Ordinance, in compliance with Section 16-52.030 (Variance), when such Variance is associated with an application for which the Board has review authority;

  3. Review the “Design Guidelines for Hillside Dwellings and General Design Guidelines for New Construction and Remodeling” booklet and make amendment recommendations to Council;

  4. To adopt all rules and procedures necessary or convenient for the conduct of its business;

  5. Other duties as may be specified elsewhere in the Municipal Code.

• B. Membership and terms. The Board shall consist of five members, at least one of whom should be a professional architect. Members shall be appointed by the affirmative vote of a majority of the Council, and may be removed by the affirmative vote of a majority of the Council. The term of office of Board members shall be four years. Terms shall be staggered as to year of expiration. Appointment to fill a vacancy occurring prior to the expiration of the term shall be for the balance of the term only.

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-60.030

Administrative Responsibility

• C. Chairman and vice-chairman. The Board shall elect a chairman and vice-chairman annually. The election shall be held at the first meeting of July each year, or as soon thereafter as possible. The Board may re-elect the chairman and/or vice-chairman to successive terms.

• D. Meetings. The Board shall adopt a regular schedule of meetings and should meet at least one time per month. Meetings shall generally be conducted in accordance with Robert’s Rules of Order, but otherwise in accordance with reasonable rules and procedures established by the chairman.

• E. Applications. Any property owner, or his duly authorized agent, desiring a Zoning Permit over which the Board has review authority, shall file an application as provided in Section 16-50 (Application Filing and Processing).

• A. Duties and authority. The Planning Commission shall have the following Zoning Permit review authority and other duties as may be specified elsewhere in the Municipal Code or in State law:

  1. Review and approve, deny, or conditionally approve all applications for:

     • a. Conditional Use Permits,

     • b. Condominium Use Permits,

     • c. Home Occupation Permits when referred by the Director, as set forth in Section 16-40.040 (Home Occupations),

     • d. Minor Subdivisions, as provided in Municipal Code Chapter 14 (Subdivision of Land),

     • e. Variances when in conjunction with an application subject to review by the Commission or when not associated with any other Zoning Permit application;

Review, and thereafter to recommend approval, denial, or conditional approval of, applications for the following:

• a. Zoning Text Amendments or the initiation thereof,

• b. Rezonings or Prezonings or the initiation thereof,

• c. Precise Development Plans,

• d. Amendment to Master Plans and/or Precise Plans adopted under prior Town or County ordinances,

• e. Major Subdivisions,

Article VI - Zoning Ordinance Administration

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

16-60.030

Administrative Responsibility

• f. General Plan Amendments or the initiation thereof, as set forth in State law,

• g. Specific Plans as set forth in State law;

3. Review and recommend approval of or deny Precise Development Plan Amendments;

4. Serve as the planning agency for the Town, in compliance with the California Government Code;

• Maintain a viable General Plan for the Town;

6. Interpret the meaning of the Zoning Ordinance, as described in Section 16-12.020, and the General Plan, when the meaning thereof is not clear, and to request opinions of the Town Attorney when deemed necessary;

• Supervise the administration of the Zoning Ordinance;

8. Make recommendations to the Council as requested and as may be provided by law;

9. Review the capital improvement program of the Town for consistency with the General Plan and make recommendations therein to the Council;

10. Adopt rules and procedures necessary or convenient for the conduct of its business.

Additionally, the Commission may, on its own initiative or through Town staff:

11. Provide general information to interested persons upon request in order to assist in the implementation of the General Plan and Zoning Ordinance;

12. Disseminate to the Town information on current regional and state planning information;

13. Provide research into planning and environmental issues;

14. Adopt criteria for traffic projections and transportation management needs;

15. Examine and project growth assimilation needs as a function of the General Plan Housing Element, and coordinate with regional and county entities on population growth issues. [16-3.4.1]

• B. Membership and terms. The Commission shall consist of five members, all of whom shall be residents of the Town. Members shall be appointed by the affirmative vote of a majority of the Council, and may be removed by the affirmative vote of a majority of the Council. The term of office of Planning Commissioners shall be four years. Terms shall be staggered as to year of expiration. Appointment to fill a vacancy occurring prior to the

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Effective 4-16-2010

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

16-60.040

Administrative Responsibility

expiration of a term shall be for the balance of the term only.

• C. Chairman and vice-chairman. The Commission shall elect a chairman from its membership. The term of the chairman shall be one year, and the chairman may be reelected. The Commission shall also elect a vice-chairman, who shall preside in the absence of the chairman. The term of the vice-chairman shall be the same as that of the chairman, and he may also be re-elected. The elections shall be held at the first meeting in July of each year, or as soon thereafter as possible.

• D. Meetings. The Commission shall adopt a regular schedule of meetings and should meet at least one time per month. Meetings shall generally be conducted in accordance with Robert’s Rules of Order, but otherwise in accordance with reasonable rules and regulations established by the chairman.

• E. Applications. Any property owner or his duly authorized agent, desiring a Zoning Permit over which the Commission has review authority, shall file an application as provided in Section 16-50 (Application Filing and Processing).

Duties and authority. The Council shall have the following Zoning Permit review authority and other duties as may be specified in the Municipal Code or in state law:

1. To consider the recommendations of the Commission in reviewing, and thereafter approving, approving with conditions, denying, or remanding for further consideration applications for:

   • a. Zoning text amendments,

   • b. Rezonings or prezonings,

   • c. Precise development plans, or amendment thereto,

   • d. Major subdivisions, as provided in Municipal Code Chapter 14 (Subdivision of Land),

   • e. Amendment to Master Plans and/or Precise Plans adopted under prior Town or County ordinances,

   • f. General Plan amendments,

   • g. Specific plans.

   • To hear and act on appeals, as further described in Section 16-66 (Appeals).

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-60.040

Administrative Responsibility

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

VI-7

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

16-62.010

Nonconforming Uses, Structures, and Lots

Section:

• 16-62.010 - Purpose and Applicability 16-62.020 - Definitions

16-62.030 - Restrictions on Nonconforming Structures and Uses

• 16-62.040 - Legal Nonconforming Lots

• A. The provisions of Section 16-62 provide regulations for nonconforming land uses, structures, and lots that were lawfully established, but which would be prohibited, regulated, or restricted differently under the terms of this Zoning Ordinance or an amendment that changed the originally applicable requirements.

• B. It is the intent of this Zoning Ordinance to gradually eliminate, through attrition, the number and extent of nonconforming uses by (1) prohibiting their enlargement; (2) prohibiting their reestablishment after abandonment; and (3) regulating the alteration of the structures they occupy, while allowing them to exist under the limited conditions outlined in this Section.

• C. The requirements set forth herein do not regulate nonconforming signs, which are subject to the provisions of Municipal Code Chapter 16A (Signs).

• A. Legal nonconforming use defined. A “legal nonconforming use” is a use of a structure or land that was lawfully established and maintained prior to the adoption of this Zoning Ordinance, but which no longer conforms to the use regulations set forth herein. An example of a legal nonconforming use would be a multi-unit apartment building located in a single-family or two-family residential zone, or a commercial use located in any residential zone.

• B. Legal nonconforming structure defined. A legal nonconforming structure is a structure that was lawfully erected prior to the adoption of this Zoning Ordinance, but that no longer conforms to the standards of coverage, setbacks, height, distance between structures, or other prescribed regulation applicable under this Zoning Ordinance.

  1. Examples of a nonconforming structure could be:

     • a. A residence taller than thirty feet that did not receive a Variance to be built higher than thirty feet;

Article VI - Zoning Ordinance Administration

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

16-62.030

Nonconforming Uses, Structures, and Lots

• b. A lot in an RO-1 zone that exceeds fifteen percent lot coverage and that did not receive a Variance to exceed the fifteen percent lot coverage limit;

• c. A building with a setback less than that required in its zone and that did not receive a Variance for the reduced yard area.

A structure shall not be considered nonconforming where its apparent nonconformity results solely from a Variance, Adjustment, or Conditional Use Permit granted by the Town or by the County of Marin and subsequently vested. Records of these permits may be on file in the Department.

3. Lawfully existing structures shall not be considered nonconforming solely on the basis of floor area guidelines described in Subsection 16-52.020.I (Floor area ratio guidelines).

A nonconforming land use and the use of a nonconforming structure may be continued, including transfers of ownership, provided that their continuation shall comply with the requirements of this Section.

• A. Nonconforming use of land. A nonconforming use of land may continue to be used as follows:

  1. Maintenance and repairs. Legal nonconforming uses, as defined above, and the structures they occupy, may continue to be operated and occupied except as provided in Subsection A.2 below. Routine maintenance and repairs may be performed on land or structures containing a nonconforming use.

Expansion and alteration.

• a. No nonconforming use shall be moved, altered, enlarged, or extended in any way that would increase the nonconformity, unless the purpose of such change is to eliminate the nonconformity, and as otherwise set forth in Subsection B. (Nonconforming structure). This provision shall include structures containing nonconforming uses.

• b. A nonconforming use of a structure or site shall not be changed to another nonconforming use.

3. Termination of nonconforming status by discontinuance. Whenever a nonconforming use has been discontinued for a continuous period of one year, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall conform to the regulations for the zone in which it is located.

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-62.030

Nonconforming Uses, Structures, and Lots

4. Termination of nonconforming status by destruction.

  - a. Whenever fifty percent or less of the structural square footage used for the nonconforming use is involuntarily damaged or destroyed, the structure may be restored, subject to the provisions of Subsection B.2 below (Alteration, enlargement and replacement) and the nonconforming use may be resumed, provided that work of reconstruction is commenced within one year of the date of damage and is diligently pursued to completion. 

  - b. Whenever more than fifty percent of the structural square footage used for the nonconforming use is involuntarily damaged or destroyed, then the structure shall be considered destroyed, and the nonconforming use shall not be resumed unless General Plan consistency can be demonstrated and a Conditional Use Permit is first obtained as provided in Section 16-52.040 (Conditional Use Permit). 

• B. Nonconforming structure. A legal nonconforming structure may continue to be used as follows:

  1. Maintenance and repairs. Routine maintenance and repairs may be performed on a legal nonconforming structure.

Alteration and/or enlargement. A legal nonconforming structure may be altered, remodeled or enlarged subject to the following provisions:

• a. The discrepancy between existing conditions and the standards of coverage, setback, height or any other standard prescribed in the regulations for the zone in which the structure is located shall not be increased.

• b. The alteration, remodeling, or enlargement receives Site Plan and Architectural Review approval as set forth herein.

• c. A legal nonconforming structure destroyed in whole or in part by fire, explosion, earthquake, flood, landslide, or similar disaster may be reconstructed in conformance with currently applicable building and fire codes, provided that:

  • (1) If the structure is proposed to be rebuilt substantially to the same floor area, form, appearance, elevations, footprint, volume, and lot coverage as the previously existing structure, Site Plan and Architectural Review approval shall be required only for exterior materials and colors, provided that reasonable efforts are made to correct or mitigate conditions that do not conform to this Zoning Ordinance.

  • (2) If the structure is not proposed to be rebuilt substantially the same as the previously existing structure, full Site Plan and

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-62.040

Nonconforming Uses, Structures, and Lots

Architectural Review approval of all new and altered construction shall be required, but existing nonconforming conditions that are not directly affected by the new, enlarged or altered construction need not be brought into full conformity.

• (3) An existing commercial building may be rebuilt or reconstructed to the same floor area as the former structure. If the building is located in Downtown Tiburon, the resulting building shall substantially conform to the guidelines of the “Downtown Tiburon Design Handbook”.

• (4) Whenever any other legal nonconforming structure is voluntarily razed or shall be required by law to be razed, the structure shall be replaced or reconstructed only when in full conformity with the regulations for the zone in which it is located.

• A. Within a number of zones, legally created or legally recognized lots exist that do not meet the area, width, access, or frontage requirements set forth in this Zoning Ordinance and Municipal Code, Chapter 14 (Subdivision of Land). These are classified as legal nonconforming lots.

• B. Development and improvement of legal nonconforming lots shall be permitted in accordance with provisions of this Zoning Ordinance. The Town recognizes that certain lot nonconformities may impose unusual hardships for the property owner, and that these hardships should be considered in the review of Zoning Permit applications. Development and improvement of these lots, as approved by the Town, shall be considered legal and conforming.

• C. Prior to issuance of Zoning Permits for a vacant nonconforming lot, evidence shall be provided that the lot was legally created or has been recognized by a recorded certificate of compliance, in compliance with the State Subdivision Map Act.

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-64.010

Public Hearings

Section:

16-64.010 - Purpose 16-64.020 - Setting of Hearing 16-64.030 - Notice of Hearing 16-64.040 - Hearing Procedure 16-64.050 - Findings, Conditions, and Decisions 16-64.060 - Notice of Decision 16-64.070 - Permanent Records of Hearings 16-64.080 - Indemnification

The provisions of Section 16-64 establish the procedures and requirements for hearings and decisions of the Design Review Board, Planning Commission, and Town Council.

• A. Upon receipt of a completed 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 accordance with the procedures and requirements set forth in this Zoning Ordinance.

• B. Hearings on applications before the Review Authority shall be held at regularly scheduled meetings, or at adjourned or special meetings held by the Review Authority.

Notice of such hearings shall be as provided herein, and in the case of formal public hearings, notice shall be provided as required by California Government Code Section 65090 et seq, as amended.

• A. Review at hearings. The Review Authority shall review the application or action and other evidence relevant to the action requested. The Review Authority shall hear all persons wishing to be heard on the matter. The applicant or appellant may appear on his own behalf or may be represented by his duly authorized agent or counsel.

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

16-64.050

Public Hearings

B. Transcript of hearing .

1. Any person interested in an application, appeal, or proposed action of the Review Authority, may in advance of the hearing, request the Director, Secretary of the Review Authority, or Town Clerk (as applicable) to provide for recording all testimony in a stenographic report. Such request shall be in writing at least five business days prior to the hearing and the person making the request shall prior to the hearing deposit with the Town a sum of cash sufficient to pay all costs involved in the taking and preparation of the stenographic report, as reasonably determined by the Town.

2. If two or more persons request a stenographic report of the testimony, they shall share the cost equally. Such costs shall be in addition to any other fees. Nothing in this Section shall prevent any interested person from employing a stenographic reporter of his own, if he so chooses. The interested person shall provide a complete copy of such transcript, if requested, at no cost to the Town, as soon as the transcript becomes available.

3. The Review Authority on its own motion may provide for the recording of testimony in a stenographic report within limits of funds available for such purposes.

• A. Design Review Board findings, conditions, and decisions. The Board’s action may be by resolution or other means that shall clearly set forth the findings required by any applicable sections of this Zoning Ordinance, and which shall set forth any conditions imposed by the Board. Any action taken by the Board shall be by a majority of those voting. Tie votes shall constitute a failure of the motion to pass. The lack of an affirmative majority for approval by those voting shall constitute a denial of an application or request. The Board’s decision shall be final unless an appeal is filed with the Council, as provided in Section 1666 (Appeals).

• B. Commission findings, conditions, decisions, and recommendations. A decision by the Commission on an application may be issued by resolution or other means that shall clearly set forth the findings required by any applicable section of this Zoning Ordinance, and that shall set forth any conditions imposed by the Commission. Any action taken shall be by a majority of those voting, unless otherwise required by state law. A tie vote shall constitute a failure of a motion to pass. The lack of an affirmative majority for approval by those voting shall constitute a denial of an application or request. The Commission’s decision shall be final unless an appeal is filed with the Council, as provided in Section 1666 (Appeals), unless the action of the Commission is in the form of a recommendation to the Council.

• C. Council findings, conditions, and decisions. The Council shall approve, approve with conditions, deny or remand for additional review any application or any other action recommended to it by the Commission, Board, or Town Official. Any action taken shall be by a majority of those voting, unless otherwise required by state law. A tie vote shall constitute a failure of a motion to pass. The lack of an affirmative majority for approval by those voting shall constitute a denial of an application, appeal, or request. Council decisions are final.

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-64.060

Public Hearings

• A. Notice of Design Review Board decision. Within a reasonable period of time following a decision of the Board, notice of the decision shall be sent by first-class mail to the applicant at the address as shown on the application or the last known address of the applicant. Notice may also be sent by e-mail to the e-mail address of the applicant. The form, content and method of delivery of the notice shall be within the discretion of the Director.

• B. Notice of Commission decision or recommendations. Within a reasonable period of time following a decision or recommendation by the Commission, notice of the decision shall be sent by first-class mail to the applicant at the address shown on the application or the last known address of the application. The form and content of the notice shall be within the discretion of the Director.

• C. Notice of Council decision. Within a reasonable period of time, not to exceed ten days following a final decision of the Council, notice of the decision shall be sent by first-class mail to the applicant and/or appellant at the address as shown on the application or the last known address of the applicant and/or appellant. The form and content of the notice shall be within the discretion of the Director.

• A. Permanent Records. The Director, Secretary of the Review Authority, or Town Clerk (as applicable) shall make a record of the evidence presented at hearings. The record, together with any resolution or other document announcing the decision of the Review Authority, shall be maintained as a part of the permanent records of the Town.

• B. Transmittal of records to the Council. If the Review Authority recommends approval or denial of the application or the proposed action, the Secretary of the Review Authority shall transmit the administrative record of the case to the Council at the time of filing the resolution with the Council. In the case of an appeal, the Secretary of the Review Authority shall expeditiously transmit the administrative record of the case to the Council.

The Review Authority may require by condition of approval that the applicant and successors in interest to the project and site indemnify, protect, and hold harmless the Town, its Council members, employees, officials, and agents, from and against any and all liability, losses, claims, damages, expenses, and costs (including attorney, expert witness and consultant fees, and litigation expenses) that may at any time arise or be set up because of damages to property or personal injury arising out of or in connection with negligent acts by the applicant, successors in interest, and/or the agents or employees of same, except loss or damage that was caused by the negligence or willful misconduct of the Town.

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-66.010

Appeals

Section:

16-66.010 - Purpose 16-66.020 - Appeal Subjects and Jurisdiction 16-66.030 - Filing and Processing of Appeals 16-66.040 - Site Plan and Architectural Review Exception

The provisions of Section 16-66 establish procedures for the appeal and review of determinations and decisions of the Director, Board, Commission, or other Town Official.

• A. General Procedures. A decision of the Review Authority authorized to issue Zoning Permits or other entitlements hereunder may be appealed to the Council, unless another appeal body (See Table 5-1 in Section 16-50.020 [Authority for Land Use and Zoning Decisions]) or procedure is specified in this Zoning Ordinance (See Section 16-66.040 [Site Plan and Architectural Review Exception]).

• B. Days. Days shall mean calendar days, unless otherwise specified in this Zoning Ordinance.

• C. Determinations and actions that may be appealed. The following types of actions may be appealed:

  1. Appeal on action. Action to approve, approve with conditions, or deny any discretionary Zoning Permit and/or determinations regarding compliance with the environmental review requirements, pursuant to the California Environmental Quality Act and the Town’s Local CEQA Guidelines, for such permits.

Appeal on error. Determinations as to the meaning or applicability of the provisions of this Zoning Ordinance that are believed to be in error.

3. Appeal on completeness. Any determination that a permit application or information submitted with the application is incomplete, in compliance with State law (Government Code Section 65943). Refer to Subsection 16-50.050.A. (Determination of completeness) for further information.

4. Appeal on Standards for Compliance. Determination regarding an exemption from the green building Standards for Compliance. Refer to Section 16-90.080 (B) (Hardship or Infeasibility Exemption) for further information.

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-66.030

Appeals

A. Filing.

1. Appeals shall be filed in writing with the Town Clerk on a prescribed form, accompanied by the appropriate fee, within ten days following the date of the decision being appealed, unless another time period (e.g. five business days) is specified in this Zoning Ordinance. For purposes of filing an appeal, if the final day to appeal falls on a Town Hall observed holiday or a day when Town Hall is closed, the final day to appeal shall be extended to the next day at which Town Hall is open for public business.

2. In the appeal form, the appellant shall state specifically the reasons why the decision is inconsistent with applicable provisions of this chapter or of other applicable provisions of the Tiburon Municipal Code or other laws or regulations, or the appellant’s other basis for claiming that the decision was an error or abuse of discretion, including, without limitation, any claims that the decision is not supported by evidence in the record or is otherwise improper.

• B. Record to Town Clerk. For Appeals to Town Council, within a reasonable period of time established by the Town following the close of the appeal period, the Director shall transmit or make available the entire record on appeal to the Town Clerk. The record shall consist of the application excluding any amendments or supplements thereto made after the decision being appealed was announced; all evidence presented at the hearing; all staff reports; all minutes; and all other written records of the proceeding.

• C. Town Council hearings. The Council, at a meeting following appropriate notice, shall hear the appeal and, upon consideration thereof and of the record, shall make its findings and render a decision thereon.

D. Authority of Council; Remand.

1. The Council may grant, partially grant or deny the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with the provisions of this Zoning Ordinance. The appeal may be upheld by a majority of those voting, when a quorum of at least three members is present. The lack of an affirmative majority of those voting for granting or partially granting an appeal, including a tie vote, shall constitute a denial of the appeal. When reviewing a decision on a Zoning Permit, the Council may adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal. The findings, decision, and action of the Council shall be final.

Alternatively, the Council shall have the power to remand the matter to the Review Authority from which it was appealed for further hearing, review, and action. In doing so, the Council shall provide a specific description of the outstanding and unresolved issues. If the Review Authority from which the decision was appealed changes or modifies its decision, and the decision as modified is appealed to the Council, the appeal shall be deemed to be from the decision of the Review

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

16-66.040

Appeals

Authority as changed or modified.

• E. Appeal by persons other than the applicant. In the event the Review Authority approves an application, any two members of the Council or the Director, without paying a fee, or any interested person, upon payment of fees, may appeal the decision by filing a written notice of appeal with the Town Clerk in accordance with the procedure set forth above.

• F. Referral of appeals. The Council may refer an appeal to any Review Authority, or other appropriate entity for a report and recommendation, to be returned within forty-five days for further proceedings by the Council.

• G. Rights pending appeal. Pending decision on an appeal, all rights emanating from the permit, license or other entitlement that is the subject matter of the appeal, and all time periods relevant thereto, shall be suspended.

• H. Finality of decisions. In the event an appeal is not filed within the applicable time frame specified in this Zoning Ordinance, the action of the Review Authority shall be final.

• I. Transmittal of minutes. A copy of the hearing minutes shall be sent, upon written request, to the appellant by first class mail.

• J. Notice of decision. A notice of decision of the Council shall be sent as set forth in Subsection 16-64.060.C (Notice of Council decision).

• K. Withdrawal of appeal. After an appeal of a decision has been filed, the appeal shall not be withdrawn except with the consent of the Director.

• L. Judicial challenge. If the decision is challenged in court, the appellant may be limited to raising only those issues which were raised at the public hearing, or in written correspondence delivered to the Department, at or prior to the public hearing, in compliance with State law (Government Code Section 65009.b.2).

Decisions of the Director or his designee on applications for Site Plan and Architectural Review may be appealed within five business days to the Board, which shall follow the same procedures for hearing the appeal as set forth for the Council in Section 16-66.030 (Filing and Processing of Appeals). Notwithstanding provisions of Section 16-66.030 to the contrary, the decision of the Board on appeal shall be final.

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-66.040

Appeals

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-68.010

Amendments to Zoning Ordinance

Section:

• 16-68.010 - Purpose and Authority

• 16-68.020 - Initiation of Amendment

• 16.68.030 - Prezoning and Annexation 16-68.040 - Hearings and Notice 16-68.050 - Commission Findings

• 16-68.060 - Council Action on Amendment 16-68.070 - Changes to Zoning Map 16-68.080 - Refiling of a Rezoning Application

• A. Purpose. The provisions of Section 16-68 provide procedures for the amendment of the Zoning Ordinance, including without limitation text and maps, whenever the Town determines public necessity and general welfare require an amendment.

• B. Authority. Amendments to the Zoning Ordinance, including text amendments and rezonings, may be authorized by the Council upon recommendation of the Commission, and in compliance with the provisions of Section 16-68.

• A. Initiation. The Zoning Ordinance may be amended by changing the boundaries of any zone, or by changing any zoning regulation, off-street parking or loading requirement, general provision, exception, procedure, or any other provision thereof whenever the public necessity, convenience, or general welfare requires such amendment. Amendments may be initiated by:

  1. Council request to the Commission;

Resolution of intention of the Commission;

3. Director-initiated request to the Commission;

4. Application of all land owners or their duly authorized representatives for amendments to the Zoning Ordinance involving the zoning of their land;

5. Application of a plaintiff in an action in eminent domain for amendments to the Zoning Ordinance involving the zoning of the land to be acquired by plaintiff in an action in eminent domain;

• Application of any interested person for a text amendment.

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-68.030

Amendments to Zoning Ordinance

• B. Application. Application for an amendment to the Zoning Ordinance shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing). Town-initiated amendments do not require an application submittal.

• C. Information required. Lists of information and materials normally required for a complete application to amend the Zoning Ordinance may be obtained from the Planning Division. Additional specific information may also be required according to the specific circumstances of the amendment request.

• A. Prezoning. The prezoning of unincorporated territory adjoining the Town, or within its sphere of influence, may be initiated by request of the Director to the Commission, by resolution of intention of the Commission on its own motion, by request of the Council to the Commission, or by petition of the owner or owners of land in the unincorporated territory. The procedures set forth in this Section for amending the Zoning Ordinance shall govern the prezoning of any territory, and such prezoning shall become effective at the time of annexation of the territory to the Town.

• B. Annexations. Where unincorporated territory has been prezoned in compliance with the procedures prescribed in Subsection A. above, the existing County zoning shall remain in effect until the territory has been annexed to the Town at which time the zone applied by the prezoning action shall become effective.

Where a prezoning action has not taken place, all territory hereafter annexed to the Town shall simultaneously with such action be classified in the residential planned development (RPD) zone, and shall be so shown on the Zoning Map until such time as the property is rezoned consistent with the General Plan.

• A. Public hearing required. A public hearing in compliance with Section 16-64 (Public Hearings) shall be held by the Commission to consider rezonings or zoning text amendments. Notice of the hearing shall be given as prescribed by the California Government Code Section 65090 or 65091, as applicable.

• B. Public hearing by Council. A public hearing in compliance with Section 16-64 (Public Hearings) shall be required to consider the Commission’s recommendation of approval of any amendment to the Zoning Ordinance in compliance with Section 16-68.060 (Council Action on Amendment). Notice of the hearing shall be given as prescribed by California Government Code Section 65856.

• A. The Commission shall, by resolution, recommend that the Council approve the proposed amendment if it makes the following findings:

  1. The change of zone, change of zone boundaries, or other proposed amendment, is consistent with the requirements herein.

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-68.060

Amendments to Zoning Ordinance

The change of zone, change of zone boundaries, or other proposed amendment, is consistent with the General Plan and any other applicable plans of the Town.

3. The change of zone, change of zone boundaries, or other proposed amendment, will not be detrimental to the public health, safety, or welfare of the Town.

• B. If the Commission does not make the above findings, it shall deny the application and transmit a written report of its findings to the Council within a reasonable period of time after making such decision. The decision of the Commission to deny the application is final unless appealed pursuant to Section 16-66.

• A. The Council may affirm, reverse, or modify any recommendation for approval by the Commission. If the Council materially modifies the Commission’s recommendation for approval, and the modifications were not previously considered by the Commission during its hearing, then the matter shall first be referred to the Commission for report and recommendation pursuant to Government Code Section 65857, but the Commission shall not be required to hold a public hearing thereon. Failure of the Commission to comment on the proposed amendment, as modified, within forty (40) days, shall be deemed Commission acceptance of the modification.

• B. An application for amendment approved by the Council shall be adopted by ordinance in compliance with provisions of the California Government Code.

Appropriate zone changes shall be recorded upon the Zoning Map and/or Planned Development Map within thirty days following enactment of an ordinance rezoning property, or changing the boundaries of a zone or a planned development.

No application shall be reconsidered, and no new application for the same or a substantially similar change shall be considered by the Commission for a period of one year if the original application was denied, except where the denial was made without prejudice or there is a substantial change of circumstances.

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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

16-68.080

Amendments to Zoning Ordinance

Article VI - Zoning Ordinance Administration

Effective 4-16-2010

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