HomeMy WebLinkAboutTC Agd Pkt 2010-01-06 (4)TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
ARTICLE V
Zoning Permit Procedures
16-50 APPLICATION FILING AND PROCESSING V-3
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
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-43
16-54 PERMIT IMPLEMENTATION, TIME LIMITS, EXTENSIONS V-45
16-54.010 - Purpose V-45
16-54.020 - Effective Date of Permits V-45
16-54.030 - Applications Deemed Approved V-45
16-54.040 - Filing of New Application After Denial V-45
16-54.050 - Performance Guarantees V-46
16-54.060 - Permit Time Limits and Extensions V-46
16-54.070 - Changes to an Approved Project V-47
16-56 ENFORCEMENT AND PENALTIES V-49
16-56.010 - Purpose V-49
16-56.020 - Enforcement V-49
16-56.030 - Violations and Penalties V-49
16-56.040 - Legal Remedies V-50
Article V - Zoning Permit Procedures Planning Commission Recommended Draft - 11/09
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TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Article V - Zoning Permit Procedures Planning Commission Recommended Draft - 11/09
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Application Filing and Processing
16-50.010
16-50 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
16-50.010 - Purpose
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.
16-50.020 - Authority for Land Use and Zoning Decisions
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
Role of Revi
ew Authorit
Type of Permit or Decision'
Director
Design Review
Planning
:Town Council
Board
Commission
Site Plan and Architectural
Review
Decide
Appeal Action
Site Plan and Architectural
Review Minor Alterations
Decide
Appeal Action
Variance, Site Plan and
Architectural Review-related
Decide
Appeal Action
Variance, Other
Decide
Appeal Action
Conditional Use Permit
Decide
Appeal Action
Condominium Use Permit
Decide
Appeal Action
Precise Development Plan
Recommend
Decide
Secondary Dwelling Unit Permit
Decide
Appeal Action
Zoning Ordinance Text
Amendment2
Recommend
Decide
Rezoning or Prezoning2
Recommend
Decide
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Application Filing and Processing
Table 5-1 - Review Authority
16-50.030
Role of Review Authorit
Type of Permit or Decision
Director
Design Review
Planning
Town Council
Board
Commission
Home Occupation Permit
Decide3
Appeal Action3
Temporary Use Permit
Decide
Appeal Action
Tidelands Permit
Decide
Appeal Action
minor and incidental
Tidelands Permit
Decide
Appeal Action
Minor changes to an approved
project
Decide4
Notes:
1. "Recommend" means that the review authority makes a recommendation to a higher decision-making
body; "Decision" means that the authority makes the final decision on the matter; "Appeal Action"
means that the review authority may consider and decide upon appeals to the decision of an earlier
decision-making body, in compliance with Section 16-66 (Appeals).
2. If the Planning Commission denies an application for a Precise Development Plan amendment,
Zoning Text Amendment, Rezoning or Prezoning, that decision is final unless appealed to the Town
Council.
3. The Director may refer any such application to the Planning Commission for review and action, in
which case the Town Council will be the appeal body.
4. An appeal of the Director's decision shall be heard by the original project's Review Authority, whose
decision shall be final.
16-50.030 - Application Preparation and Filing
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.
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.
[16-3.1.1]
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Application Filing and Processing 16-50.040
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. [16-3.1.4]
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). [16-5.2]
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. [ 16-3.1.6]
16-50.040 - Application Fees
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. [ 16-3.1.8]
16-50.050 - Initial Application Review
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
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Application Filing and Processing 16-50.060
the Town. The determination of completeness shall be based upon a list of submittal
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. [16-3.1.2]
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. [16-3.1.3]
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. [Govt. Code 65943]
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. [16-3.1.9]
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). [16-3.1.10]
16-50.060 - Staff Evaluation and Report
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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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Application Filing and Processing 16-50.070
16-50.070 - Story Poles
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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Application Filing and Processing
16-50.070
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TOWN OF TIBURON MUNICIPAL CODE -TITLE IV, CHAPTER 16, ZONING ORDINANCE
Permit Review and Decisions 16-52.010
16-52 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
16-52.010 - Purpose and Applicability
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 riling 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;
2. 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 Chapter 14 (Subdivision of Land), and the State Subdivision Map
Act (Government Code Title 7, Division 2), as amended. [16-4.12.1]
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Permit Review and Decisions 16-52.020
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).
16-52.020 - Site Plan and Architectural Review
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:
Ensures that new uses and structures enhance their sites and are compatible with
the highest standards of improvement in the surrounding neighborhood;
2. 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 one-
half 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;
2. 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 16-52.020
3. Placement or installation of swimming pools and/or spas; installation or relocation
of exterior air conditioning or heating (HVAC) units, generators or similar noise-
generating 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;
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. [16-4.2.2]
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. [16-4.2.3]
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. [16-4.2.4]
E. Design Review Board as Review Authority.
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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Pen-nit Review and Decisions 16-52.020
2. 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. [16-4.2.5]
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. [Revised Green Building Ord. 2008]
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:
Residential additions less than five hundred square feet in floor area;
2. 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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Permit Review and Decisions 16-52.020
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. [ 16-4.2.6]
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.
2. 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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Permit Review and Decisions 16-52.020
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.
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. [16-4.2.7]
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. [Revised Green Building Ord. 2008]
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.
1. 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
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
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16-52.020
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.
2. 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
R-1, 'R-1-13, RO,'R-2, and RPD' Zones
Area of Property
Gross Floor Area Maximum -
Less than 7,500 sq. ft.
35% of the property area, plus an additional 600 sq. ft. of
garage or carport
7,500 sq. ft. through 60,000 sq. ft.
10% of the property area plus 2,000 sq. ft. plus an
additional 600 sq. ft. of garage or carport
More than 60,000 sq. ft.
8,000 sq. ft. plus an additional 750 sq. ft. of garage or
carport.
R-3 and RMP Zones
Zone
Gross Floor Area Maximum
R-3
.60, unless otherwise specified in a Precise
Development Plan or equivalent permit
RMP
.30, unless otherwise specified in a Precise
-
Development Plan or equivalent permit
Notes:
1. Unless otherwise specified by Precise Development Plan or equivalent permit.
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
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.
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(3) Example No. 3. A 20,000 square foot lot (approximately half-
acre) 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. [16-4.2.8]
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. [16-4.2.9]
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.
Remodel applications for Site Plan & Architectural Review must include a
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,
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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. [ 16-4.2.10]
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.
2. 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. [Admin
Policy 2004-03]
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[ 16-4.2.11 ]
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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0. 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.
16-52.030 - Variance
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 obj ectives 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. [ 16-4.3.1 ]
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. [16-4.3.2]
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. [ 16-4.3.3 ]
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). [16-4.3.4]
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;
2. 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. [16-4.3.5]
F. Findings for Variances from off-street parking or off-street loading regulations.
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. [16-
4.3.6]
2. In compliance with Government Code Section 65006.5, a variance may be granted
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from parking requirements in order that some or all of the required parking spaces
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. [16-4.3.7]
H. Appeals. The action may be appealed in compliance with the provisions of Section 16-66
(Appeals). [16-4.3.8]
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.
2. A Variance, once exercised, runs with the land unless revoked. [16-4.3.10]
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;
2. 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. [ 16-4.3.11 ]
16-52.040 - Conditional Use Permit
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
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specific conditional use, shall govern the granting or denial of a Conditional Use Permit.
[16-4.4.1]
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. [16-4.4.2]
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. [16-
5.1.3]
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;
2. 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.
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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
heed to whether the neighborhood or vicinity is already adequately served by
similar uses. [16-4.4.3]
E. Condominium Use Permits. See Subsection 16-52.050.B (Condominium Use Permit
required). [ 16-4.4.4]
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. [16-4.4.5]
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. [ 16-4.4.6]
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). [16-4.4.8]
1. 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.
2. If the Commission is unable to make the findings required above, the Commission
shall deny the Conditional Use Permit application. [16-4.4.9]
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:
Special yards, open spaces and buffers;
2. Fences and walls;
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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;
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. [ 16-4.4.10]
K. Off-street parking and loading requirements. The requirements for provision of off-
street 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. [ 16-4.4.11 ]
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.
[16-4.4.12]
M. Appeals. The action of the Commission may be appealed in compliance with the
provisions of Section 16-66 (Appeals). [16-4.4.13]
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
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denial was made without prejudice. [16-4.4.14]
0. 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. [ 16-4.4.15]
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.
2. 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. [16-
4.4.16]
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;
2. 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. [16-4.4.17]
16-52.050 - Condominium Use Permit
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
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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. [16-4.6.1]
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). [ 16-4.6.2]
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;
2. 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 single-
family 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;
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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,
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. [16-4.6.3]
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
usefizl 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;
2. 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;
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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;
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;
10. A statement indicating the exact number of units existing in the structure(s)
proposed to be converted. [16-4.6.4]
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:
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
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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.
2. 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.
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
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of the Town of Tiburon. [16-4.6.5]
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:
Copy of applicant's proposed application for Subdivision Permit, in the event a
permit is required, from the California State Department of Real Estate;
2. 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. [ 16-4.6.6]
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.
2. In granting any Condominium Use Permit, the Review Authority may impose such
conditions as it may deem necessary to accomplish the purposes herein. [16-4.6.7]
16-52.060 - Precise Development Plan
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. [ 16-4.8.1 ]
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;
2. To demonstrate consistency of a development proposal with the goals and policies
of the General Plan;
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3. To preserve and conserve critically limited open space for the protection of the
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. [16-4.8.1]
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;
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;
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(3) All cut areas, depicted by shading or other clear means, with a
cubic yard estimate for each cut area;
(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,
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(8) Existing trees with trunks greater than twenty inches in
circumference at a point two feet above ground level,
(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,
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paving, fencing and public utilities;
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;
1. 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
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buildings. Stakes shall be installed at the corners of building envelopes and along
the centerline of proposed roadways.
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. [ 16-4.8.2]
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. [16-
4.8.3]
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.
2. 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.
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.
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Minimization of significant adverse impacts, as detailed in the environmental
impact report, if one is required.
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. [ 16-4.8.4]
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:
A tentative subdivision map is approved consistent with the approved Precise
Development Plan;
2. If no.subdivision map is necessary, subsequent Zoning or Building Permits have
been issued in compliance with the approved Precise Development Plan;
3. 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).
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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. [16-4.8.5]
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. [16-4.8.6]
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). [16-4.8.7]
1. 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. [16-4.8.8]
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.
2. 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. [ 16-4.8.9]
16-52.070 - Conceptual Master Plan
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 pre-
application 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
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review is strongly recommended when significant deviations from Town policies or regulations are
anticipated in a development project. [16-4.7]
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;
2. 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 which may be acceptable to the community and the Town;
5. To establish an informational foundation for any subsequent Precise Development
Plan submittal. [16-4.7.1]
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;
2. 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;
Photo montages of the site as seen from critical vantage points, with reasonably
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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;
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. [16-4.7.2]
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.
[16-4.7.3]
D. Fees. Fees for the Conceptual Master Plan shall be one-half of those established by the
Town for Precise Development Plan applications. [16-4.7.4]
16-52.080 - Tidelands Permit
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.
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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
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).
16-52.090 - Temporary Use Permit
A. Purpose. The purpose of Section 16-52.090 is to establish procedures for allowing short-
term 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:
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
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TOWN OF TIBURON MUNICIPAL CODE-TITLE IV, CHAPTER 16, ZONING ORDINANCE
Permit Review and Decisions 16-52.090
within the area of an approved residential development project only for the sale of
homes and/or lots.
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.
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TOWN OF TIBURON M UNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Permit Review and Decisions 16-52.100
2. Time limits. The Notice of Action for any approved Temporary Use Permit shall
specify the permit duration.
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.
16-52.100 - Secondary Dwelling Unit
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. [ 16-4.5.1 ]
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. [ 16-4.5.4]
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. [16-4.5.5]
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. [Ordinance No. 475]
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. [ 16-4.5.8]
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. [ 16-4.5.9]
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. [ 16-4.5.10]
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. [ 16-4.5.11 ]
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
Article V - Zoning Permit Procedures Planning Commission Recommended Draft - 11/09
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TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Permit Review and Decisions 16-52.100
Unit Permit, on any one or more of the following grounds:
1. That the approval was based on false information submitted by the applicant.
2. 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. [ 16-4.5.12]
1. 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. [16-4.5.13]
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. [ 16-4.5.14]
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.
[16-4.5.15]
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. [16-4.5.16]
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). [16-4.5.17]
Article V - Zoning Permit Procedures Planning Commission Recommended Draft - 11/09
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Permit Review and Decisions 16-52.110
16-52.110 - Home Occupations
A. Application and fee. Application for a Home Occupation 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. [16-4.10.2]
B. General criteria. Home occupations shall be limited to the following uses:
1. Art and craft work (ceramics, painting, photography, sculpture, etc.);
2. 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;
2. Adequate parking shall be maintained;
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. [16-4.10.3]
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
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TOWN OF TIBURON MUNICIPAL CODE-TITLE IV, CHAPTER 16, ZONING ORDINANCE
Permit Review and Decisions 16-52.110
(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 Planning Commission Recommended Draft - 11/09
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Permit Implementation, Time Limits, Extensions 16-54.010
16-54 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
16-54.010 - Purpose
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.
16-54.020 - Effective Date of Permits
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 11 th 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" day following date of application approval by the Town Council.
16-54.030 - Applications Deemed Approved
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.
16-54.040 - Filing of New Application After Denial
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. [16-4.2.13, 16-4.3.9, 16-4.4.14]
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Permit Implementation, Time Limits, Extensions 16-54.050
16-54.050 - Performance Guarantees
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.
16-54.060 - Permit Time Limits and Extensions
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 fords 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 Planning Commission Recommended Draft -11/09
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TOWN OF TIBURON MUNICIPAL CODE-TITLE IV, CHAPTER 16, ZONING ORDINANCE
Permit Implementation, Time Limits, Extensions 16-54.070
and Architectural Review permits, which are governed by Section 16-52.020 (O).
16-54.070 - Changes to an Approved Project
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:
Is consistent with all applicable provisions of this Zoning Ordinance;
2. 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;
3. 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;
4. Does not result in a significant expansion of the use;
5. Does not result in additional floor area or skylights; and
6. 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.
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TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Permit Implementation, Time Limits, Extensions
16-54.070
Article V - Zoning Permit Procedures Planning Commission Recommended Draft - 11/09
V-48
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Enforcement and Penalties 16-56.010
16-56 Enforcement and Penalties
Section:
16-56.010 - Purpose
16-56.020 - Enforcement
16-56.030 - Violations and Penalties
16-56.040 - Legal Remedies
16-56.010 - Purpose
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.
16-56.020 - Enforcement
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. [16-5.12]
16-56.030 - Violations and Penalties
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).
[16-5.13.1]
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. [16-5.13.2]
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. [16-5.13.3]
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TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Enforcement and Penalties 16-56.040
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. [16-5.13.4]
16-56.040 - Legal Remedies
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. [16-5.14]
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
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-16
16-66.010 - Purpose VI-16
16-66.020 - Appeal Subjects and Jurisdiction VI-16
16-66.030 - Filing and Processing of Appeals VI-17
16-66.040 - Site Plan and Architectural Review Exception VI-18
16-68 AMENDMENTS TO ZONING ORDINANCE VI-20
16-68.010 - Purpose and Authority
VI-20
16-68.020 - Initiation of Amendment
VI-20
16-68.030 - Prezoning and Annexation
VI-21
16-68.040 - Hearings and Notice
VI-21
16-68.050 - Commission Findings
VI-21
16-68.060 - Council Action on Amendment
VI-22
16-68.070 - Changes to Zoning Map
VI-22
16-68.080 - Refiling of a Rezoning Application
VI-22
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Article VI - Zoning Ordinance Administration Planning Commission Recommended Draft - 11/09
VI-2
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Administrative Responsibility 16-60.010
16-60 Administrative Responsibility
Section:
16-60.010 - Purpose
16-60.020 - Design Review Board
16-60.030 - Planning Commission
16-60.040 - Town Council
16-60.010 - Purpose
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.
16-60.020 - Design Review Board
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. [ 16-3.2.1 ]
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. [16-3.2.3]
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Administrative Responsibility 16-60.030
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. [ 16-3.2.4]
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. [16-3.2.5]
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). [16-3.2.6]
16-60.030 - Planning Commission
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;
2. 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,
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Administrative Responsibility 16-60.030
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;
5. 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;
7. 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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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Administrative Responsibility 16-60.040
expiration of a term shall be for the balance of the term only. [16-3.4.2]
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 re-
elected. 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. [16-3.4.3]
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. [ 16-3.4.4]
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). [16-3.4.5]
16-60.040 - Town Council
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.
2. To hear and act on appeals, as further described in Section 16-66 (Appeals). [16-
3.6.1]
Article VI - Zoning Ordinance Administration Planning Commission Recommended Draft - 11/09
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Administrative Responsibility
16-60.040
Article VI - Zoning Ordinance Administration Planning Commission Recommended Draft - 11/09
V1-7
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Nonconforming Uses, Structures, and Lots 16-62.010
16-62 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
16-62.010 - Purpose and Applicability
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. [ 16-5.3.1 ]
C. The requirements set forth herein do not regulate nonconforming signs, which are subject
to the provisions of Municipal Code Chapter 16A (Signs).
16-62.020 - Definitions
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. [ 16-5.3.1 ]
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;
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Nonconforming Uses, Structures, and Lots 16-62.030
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.
2. 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.
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). [ 16-5.4.1 ]
16-62.030 - Restrictions on Nonconforming Structures and Uses
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. [ 16-5.3.2]
2. 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. [16-5.3.3]
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. [ 16-
5.3.31
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Nonconforming Uses, Structures, and Lots 16-62.030
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). [16-5.3.4]
B. Nonconforming structure. A legal nonconforming structure may continue to be used as
follows:
Maintenance and repairs. Routine maintenance and repairs may be performed on
a legal nonconforming structure. [16-5.4.2]
2. 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
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Nonconforming Uses, Structures, and Lots 16-62.040
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". [Ordinance 502 N.S. Section 2.1]
(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. [16-5.4.3]
16-62.040 - Legal Nonconforming Lots
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. [16-5.5]
Article V1 - Zoning Ordinance Administration Planning Commission Recommended Draft - 11/09
VI-11
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Public Hearings
16-64.010
16-64 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
16-64.010 - Purpose
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. [16-3.3, 16-3.5,
16-3.6]
16-64.020 - Setting of Hearing
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. [16-3.1.9]
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. [16-3.3.1, 16-
3.5.1, 16-3.6.2]
16-64.030 - Notice of Hearing
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. [16-3.3.2, 16-3.5.2, 16-3.6.3]
16-64.040 - Hearing Procedure
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. [16-3.3.3, 16-
3.5.3, 16-3.6.4]
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Public Hearings
B. Transcript of hearing.
16-64.050
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. [16-3.3.4,
16-3.5.49 16-3.6.5]
16-64.050 - Findings, Conditions, and Decisions
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 16-
66 (Appeals). [16-3.3.5]
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 16-
66 (Appeals), unless the action of the Commission is in the form of a recommendation to
the Council. [16-3.5.5]
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
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Public Hearings
decisions are final. [ 16-3.6.6]
16-64.060 - Notice of Decisions
16-64.060
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. [16-3.3.6]
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. [16-3.5.6]
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. [16-3.6.7]
16-64.070 - Permanent Records of Hearings
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. [ 16-3.3.7, 16-3.5.7, 16-
3.6.8]
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. [16-3.5.8]
16-64.080 - Indemnification
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.
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Public Hearings
16-64.060
Article VI - Zoning Ordinance Administration Planning Commission Recommended Draft - 11/09
V1-15
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Appeals
16-66.010
16-66 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
16-66.010 - Purpose
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.
16-66.020 - Appeal Subjects and Jurisdiction
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]). [16-3.8]
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.
2. 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 V1 - Zoning Ordinance Administration Planning Commission Recommended Draft - 11/09
VI-16
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Appeals 16-66.030
16-66.030 - Filing and Processing of 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. [based on 16-3.8.1]
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. [ 16-3.8.2]
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. [16-3.8.3]
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.
2. 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
Appeals
Authority as changed or modified. [ 16-3.8.4]
16-66.040
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.
[16-3.8.5]
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. [16-3.8.6]
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. [ 16-3.8.7]
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. [16-
3.8.8]
I. Transmittal of minutes. A copy of the hearing minutes shall be sent, upon written request,
to the appellant by first class mail. [ 16-3.8.9]
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).
16-66.040 - Site Plan and Architectural Review Exception
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. [16-4.2.12]
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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Appeals
16-66.040
Article VI - Zoning Ordinance Administration Planning Commission Recommended Draft - 11/09
VI-19
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Amendments to Zoning Ordinance 16-68.010
16-68 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
16-68.010 - Purpose and Authority
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. [16-4.9]
16-68.020 - Initiation of Amendment
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;
2. 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;
6. Application of any interested person for a text amendment. [ 16-4.9.1 ]
Article VI - Zoning Ordinance Administration Planning Commission Recommended Draft - 11/09
VI-20
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Amendments to Zoning Ordinance 16-68.030
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. [16-4.9.2]
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. [16-4.9.3]
16-68.030 - Prezoning and Annexation
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. [ 16-2.18]
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. [ 16-2.19]
16-68.040 - Hearings and Notice
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. [16-4.9.4]
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. [16-4.9.6]
16-68.050 - Commission Findings
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 Planning Commission Recommended Draft - 11/09
VI-21
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Amendments to Zoning Ordinance 16-68.060
2. 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. [16-4.9.5]
16-68.060 - Council Action on Amendment
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. [ 16-4.9.6]
16-68.070 - Changes to Zoning Map
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. [16-4.9.9]
16-68.080 - Refiling of a Rezoning Application
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. [16-4.9.10]
Article VI - Zoning Ordinance Administration Planning Commission Recommended Draft - 11/09
VI-22
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Amendments to Zoning Ordinance
16-68.080
Article VI - Zoning Ordinance Administration Planning Commission Recommended Draft - 11/09
VI-23
TOWN OF TIBURON MUNICIPAL CODE-TITLE IV, CHAPTER 16, ZONING ORDINANCE
ARTICLE VII
Inclusionary Housing and Density Bonuses
16-70 INCLUSIONARY HOUSING AND DENSITY BONUSES VII-3
16-70.010 - Purpose VII-3
16-70.020 - Exemptions VII-3
16-70.030 - General Inclusionary Requirements ............................................................VII-4
16-70.040 - Designation of Housing Authority as Administrator VII-6
16-70.050 - Rental Inclusionary Unit Requirements ......................................................VII-6
16-70.060 - Ownership Inclusionary Unit Requirements VII-7
16-70.070 - Control of Resale .........................................................................................VII-7
16-70.080 - Amount of In-lieu Housing Fee VII-8
16-70.090 - Use and Reporting of Fee Revenues ...........................................................VII-9
16-70.100 - Town of Tiburon Density Bonus VII-10
16-70.110 - State-mandated Density Bonus VII-10
16-70.120 - Appeals VII-11
Article VII - Inclusionary Housing and Density Bonuses Planning Commission Recommended Draft - 11/09
VII-I
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Article VII - Inclusionary Housing and Density Bonuses Planning Commission Recommended Draft - 11/09
VII-2
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Inclusionary Housing and Density Bonuses 16-70.010
16-70 Inclusionary Housing and Density Bonuses
Section:
16-70.010 - Purpose
16-70.020 - Exemptions
16-70.030 - General Inclusionary Requirements
16-70.040 - Designation of Housing Authority as Administrator
16-70.050 - Rental Inclusionary Unit Requirements
16-70.060 - Ownership Inclusionary Unit Requirements
16-70.070 - Control of Resale
16-70.080 - Amount of In-lieu Housing Fee
16-70.090 - Use and Reporting of Fee Revenues
16-70.100 - Town of Tiburon Density Bonus
16-70.110 - State-mandated Density Bonus
16-70.120 - Appeals
16-70.010 - Purpose
A. The purpose of Section 16-70 is to enhance the public welfare by ensuring that residential
development contributes to the attainment of the General Plan Housing Element goals,
policies and programs by:
1. Increasing the stock of dwelling units for special needs households;
2. Increasing the stock of dwelling units affordable by households of very low, low,
or moderate-income;
3. Encouraging and directing, through the provision of a density bonus and other
incentives, the location of projects containing substantial numbers of affordable
housing units to those sites identified in the Housing Element as affordable
housing opportunity sites.
B. A limited amount of land remains for development of housing in the Town. The Housing
Element has identified sites where the Town most desires the construction of inclusionary
housing units. To ensure that remaining residentially designated land is utilized in a
manner consistent with the Town's housing policies and in a manner that furthers the
Town's strategy as set forth in the Housing Element, the Town declares that each
residential development creating two or more new lots or dwelling units shall participate in
the provision of inclusionary units as set forth in this Article. [ 16-6.1 ]
16-70.020 - Exemptions
A. The construction of a two-family dwelling on any lawfully existing lot in the R-2 (two-
family residential) zone shall not be subject to the provisions of this Article.
Article VII - Inclusionary Housing and Density Bonuses Planning Commission Recommended Draft - 11/09
V11-3
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Inclusionary Housing and Density Bonuses 16-70.030
B. The subdivision of a lot into two lots, wherein no more than a combined total of two
dwelling units total could be constructed under applicable zoning regulations on the
resulting lots, shall not be subject to the provisions of this Article. [16-6.2.5]
16-70.030 - General Inclusionary Requirements
A. Any residential development creating three through six new lots or dwelling units
(whichever is greater), shall make a pro rata monetary contribution to the Town's in-lieu
housing fund in accordance with the provisions of Section 16-70.080 (Amount of In-lieu
Housing Fee). The monetary contribution shall be based on a requirement of fifteen percent
of the units being affordable.
B. Any residential development creating seven through twelve new lots or dwelling units
(whichever is greater) shall:
1. Provide ten percent of the total number of units as designed for special needs
households; five percent of the total number of units must be handicapped
accessible units as defined in this Article.
2. Provide fifteen percent of the total number of units as affordable by very low, low,
or moderate-income households in perpetuity or for the longest term possible; a
minimum of five percent shall be affordable to very low- or low-income
households. When only one affordable unit is required it may be for a moderate-
income household. No more than fifty percent of affordable units shall be allowed
to double as special needs household units required in Subsection B.1 above.
In applying the fifteen percent figure for the construction of dwelling units, any
decimal fraction less than one-half may be disregarded and any decimal fraction
equal to or greater than one-half shall be construed as requiring one affordable
unit. For payment of in-lieu fees, the fee shall be calculated using exact decimal
fractions.
C. Any residential development creating more than twelve new lots or dwelling units
(whichever is greater) shall:
Provide ten percent of the total number of units as designed for special needs
households; five percent of the total number of units must be handicapped
accessible units as defined in this Zoning Ordinance.
2. Provide twenty percent of the total number as units affordable by very low, low, or
moderate-income households in perpetuity or for the longest term possible; a
minimum of five percent shall be affordable to very low- or low-income
households. No more than fifty percent of affordable units shall be allowed to
double as special needs household units required in Subsection C.1 above.
In applying the twenty percent figure for construction of dwelling units, any
decimal fraction less than one-half may be disregarded and any decimal fraction
equal to or greater than one-half shall be construed as requiring one affordable
unit. For payment of in-lieu fees, the fee shall be calculated using exact decimal
fractions.
Article VII - Inclusionary Housing and Density Bonuses Planning Commission Recommended Draft - 11/09
V114
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Inclusionary Housing and Density Bonuses 16-70.030
D. If the Town finds and determines that there exists physical and/or nongovernmental
constraints to the provision of on-site inclusionary units that make the payment of in-lieu
fees more effective in support of affordable housing projects being constructed in less
constrained locations, the Town may allow payment of in-lieu fees in accordance with
Section 16-70.080 (Amount of In-lieu Housing Fee).
E. Any residential development creating two or more new lots or dwelling units (whichever is
greater) shall be subject to conditions ensuring compliance with the provisions of this
Article. Such conditions may specify the timing of construction or purchase of inclusionary
units (or payment of in-lieu fees), the number of inclusionary units and the specified
affordability levels, provisions for income certification and screening of potential
purchasers and/or renters of inclusionary units, and resale control mechanisms. Said
conditions may require a written agreement between the applicant and the Town and/or its
designee, indicating the number, type, location, sales price, approximate size and
construction scheduling of inclusionary units and such reasonable information as is
required to determine compliance.
F. All inclusionary units in a project shall be constructed concurrently with or prior to the
construction of noninclusionary units.
G. Inclusionary units shall be indistinguishable in exterior appearance from the
noninclusionary units. An exception may, in the Town's reasonable discretion, be
permitted in residential developments only as an incentive or concession made under the
State density bonus law, unless the project qualifies for a density bonus under Section
16-70.100 (Town of Tiburon Density Bonus).
H. A reduced setback, reduced parking standard, or other reduction in site development
standards may, in the Town's reasonable discretion, be permitted in residential
developments only as an incentive or concession made under the State density bonus law,
unless the project qualifies for a density bonus under Section 16-70.100 (Town of Tiburon
Density Bonus).
1. The interior amenity level of the inclusionary units shall be generally the same as that of
the noninclusionary units. Any reduction of interior amenity level for inclusionary units
may, in the Town's reasonable discretion, be permitted only as an incentive or concession
made under the State density bonus law, unless the project qualifies for a density bonus
under Section 16-70.100 (Town of Tiburon Density Bonus).
The square footage of the inclusionary units shall be generally the same as that of the
noninclusionary units. Any reduction of square footage for inclusionary units may, in the
Town's reasonable discretion, be permitted only as an incentive or concession made under
the State density bonus law, unless the project qualifies for a density bonus under Section
16-70.100 (Town of Tiburon Density Bonus).
Article VH - Inclusionary Housing and Density Bonuses Planning Commission Recommended Draft - 11/09
VII-5
TOWN OF TIBURON MUNICIPAL CODE -TITLE IV, CHAPTER 16, ZONING ORDINANCE
Inclusionary Housing and Density Bonuses 16-70.040
K. A residential development qualifying for a density bonus under provisions of Section
16-70.100 (Town of Tiburon Density Bonus) shall receive the highest priority and efforts
will be made by staff and decision-makers to:
1. Provide technical assistance to potential affordable housing developers in
processing requirements, including community involvement;
2. Consider project funding and timing needs in the processing and review of the
application; and
3. Provide the fastest turnaround time possible in determining application
completeness.
These measures shall each constitute an incentive or concession under any other
circumstances.
L. The Town shall waive or reduce certain application and development fees for the
inclusionary units in a proposed development if the project qualifies for a density bonus
under provisions of Section 16-70.100 (Town of Tiburon Density Bonus). Waiver or
reduction of fees shall constitute an incentive or concession under any other circumstances.
[16-6.3]
16-70.040 - Designation of Housing Authority as Administrator
A. The Housing Authority shall be the agency designated to administer inclusionary housing
programs on behalf of the Town, except as provided in Subsection B. below.
B. If so designated by resolution of the Council, another agency or entity may assume all roles
and responsibilities of the Housing Authority as set forth in this Article. [16-6.4]
16-70.050 - Rental Inclusionary Unit Requirements
A. Affordable rental units shall be offered at rent levels not exceeding the maximum rent
affordable by the very low, low, or moderate-income household restriction placed on that
unit, as determined by the Housing Authority.
B. The Town may contract with the Housing Authority or other entity to monitor the
developer and/or management agent's compliance with the requirements established for
special needs eligibility and/or rent levels and income eligibility for the inclusionary rental
units. The developer or owner shall retain final discretion in the selection of tenants,
provided that unless specific preferences have been established for a residential
development by resolution of the Council, the same rental terms and conditions are applied
to tenants of inclusionary units as are applied to tenants of noninclusionary units in the
development, except as to special needs eligibility and rent levels and income, or as
required to comply with government subsidy programs.
C. The Town may contract with the Housing Authority or other entity to require guarantees,
to enter into recorded agreements with developers, and to take other appropriate steps
necessary to ensure that the required inclusionary rental units are provided and that they are
rented to the appropriate special needs and/or eligible income households. [16-6.5]
Article VII - Inclusionary Housing and Density Bonuses Planning Commission Recommended Draft - 11/09
VII-6
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Inclusionary Housing and Density Bonuses 16-70.040
16-70.060 - Ownership Inclusionary Unit Requirements
A. Inclusionary ownership units designated for very low, low, or moderate-income
households shall be sold at prices affordable to the requisite income and/or special needs
households as determined by the Housing Authority. The inclusionary unit sales prices and
the parameters used to calculate the sales prices shall be determined by the Housing
Authority.
B. The applicant shall be required, for a period of not less than one hundred twenty days from
the date of the Town's issuance of an Occupancy Permit for the inclusionary units, to offer
to the Housing Authority (or individuals selected and qualified by the Housing Authority),
the Town, or a party designated by the Town, all inclusionary units required by this
Article, for sale to eligible purchasers. Sale and resale restrictions will be removed from the
units in the event the Housing Authority, the Town, or a Town designee does not, within
such one hundred twenty days, complete the sale to an eligible purchaser, or elect to
purchase the units for subsequent sale to an eligible purchaser. The Housing Authority
shall advise all prospective purchasers of the resale restrictions applicable to inclusionary
units.
C. Upon written notification of the availability of inclusionary units by the developer to the
Housing Authority one hundred twenty days prior to the anticipated completion of the
inclusionary units, the Housing Authority shall advertise the inclusionary units to the
general public and shall seek and screen qualified purchasers through a process involving
applications and interviews. Where necessary, the Housing Authority shall hold a lottery to
select purchasers. Unless specific preferences have been established for a residential
development by resolution of the Council, the same terms and conditions (except special
needs and/or income eligibility) shall apply to purchasers of inclusionary units as are
applied to purchasers of noninclusionary units in the development.
D. Every purchaser of an inclusionary unit shall acknowledge in a form acceptable to the
Town that the unit is being purchased for the purchaser's primary residence and that
continuous owner-occupancy is a condition of eligibility under the program. The Housing
Authority shall verify this acknowledgement. [16-6.6]
16-70.070 - Control of Resale
The Town shall require the following resale controls in order to maintain the availability of
inclusionary units in perpetuity or for the longest term possible:
A. The resale price of an inclusionary unit shall be limited to the lowest of.
1. The purchase price plus an increase based on the percentage increase in the
Consumer Price Index for the San Francisco Bay Area for all urban consumers
since the date of purchase;
2. The purchase price plus an increase, based on the percentage increase in the
median income since the date of purchase; or
The fair market value.
Article VII - Inclusionary Housing and Density Bonuses Planning Commission Recommended Draft - 11/09
VII-7
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Inclusionary Housing and Density Bonuses 16-70.080
B. Ownership inclusionary units being sold shall be offered to the Housing Authority or its
assignee, at the price determined according to Subsection A. above, for a period of one
hundred twenty days from the date a notification of intent to sell is given by the first
purchaser or subsequent purchaser(s). Ownership inclusionary units shall be resold only to
very low, low, or moderate-income households as determined to be eligible for
inclusionary units by the Housing Authority. The seller shall not levy or charge any
additional fees in connection with the sale, nor shall any "finder's fee" or other
consideration be allowed on resale other than customary real estate commissions and
closing costs.
C. At the time of purchase, the owners of any inclusionary unit shall execute a resale and
refinancing restriction agreement and option to purchase and a deed of trust provided by
the Housing Authority, stating the restrictions imposed in compliance with this Article,
including but not limited to all applicable resale controls and occupancy restrictions. The
resale and refinancing restriction agreement and option to purchase and the deed of trust
shall be recorded in the office of the Marin County Recorder and shall explicitly provide
the Housing Authority and the Town the right to enforce the declaration of restrictions.
D. The Housing Authority shall be responsible for monitoring and facilitating the resale of
inclusionary units. Any abuse in the resale provisions shall be referred to the Town for
action. [16-6.7]
16-70.080 - Amount of In-lieu Housing Fee
A. In-lieu housing fees shall be calculated on the basis of the difference between the
affordable purchase price of a dwelling unit for which a moderate-income four-person
family earning eighty percent of median income can qualify, and the estimated cost of
constructing a market rate unit of appropriate size, to be determined by the Town. The
Town's in-lieu housing fee shall be revised periodically by the Director and shall be based
on current fixed-rate mortgage rates, median incomes, construction costs and site/land
development costs as determined by the Town. The total in-lieu fee shall be calculated by
multiplying the required number of inclusionary units (including exact fractions of a unit)
by the per-unit in-lieu housing fee (see Table 7-1).
B. The in-lieu housing fee shall constitute a lien on the property. The recorded lien notice
shall include a provision for foreclosure under power of sale in case of default.
C. Unless otherwise specified in conditions of project approval, the payment of in-lieu
housing fees shall be at the time of issuance of the first Building Permit associated with the
project, or as otherwise required by State law. [16-6.8]
Article N711 - Inclusionary Housing and Density Bonuses Planning Commission Recommended Draft - 11/09
VII-8
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Inclusionary Housing and Density Bonuses
Table 7-1.
Example Housing In-Lieu Fee Calculation'
16-70.090
Cost to construct amodest single-family dwelling unit of 15002 square feet.
Assumptions:
A. Land and site development costs
$350,0002
B. Construction costs @ $2252 per sq. ft.
$375,000
C. Total of A and B above
$725,000
Moderate-income purchase price affordability calculation.
Assumptions:
A. Current median income for 4-person household
Effective 2/13/08
$94,3002
B. 4-person household at 80% of median income
$75,4402
C. 6.25% fixed rate mortgage, 95% loan to value ratio, 5% down-payment, 0.75% private mortgage
insurance, for a total effective mortgage rate of 7.0%2
D. 25%2 for mortgage payment
E. Mortgage payment equates to:
$1,572 per month
F. Loan amount equates to:
$238,000
G. Affordable purchase price:
$250,500
In-lieu housing fee calculation (using these variables):
A. Total construction cost:
$725,000
B. Affordable purchase price:
$250,500
C. In-lieu housing fee (per unit):
$474,500
Note
1. This is an example of housing in lieu fees, based on 2008 income levels. The Housing Authority updates
income levels annually; therefore in-lieu fees will vary by year.
2. Denotes a variable subject to determination by the Director.
16-70.090 - Use and Reporting of Fee Revenues
A. Revenues raised by payment of housing in-lieu fees shall be placed in a segregated Town-
wide housing in-lieu fund.
B. Revenues collected, including interest earned, under the provisions of this Article shall be
used for the following purposes:
1. Design and construction of permanently affordable units;
2. Other actions that would directly preserve, conserve, rehabilitate, or increase the
supply of affordable units in the Town.
C. The Town shall comply with reporting requirements that may be set forth in Government
Code Section 66000, or successor sections, to the extent that such provisions apply. [16-
6.9]
Article VII - Inclusionary Housing and Density Bonuses Planning Commission Recommended Draft - 11/09
V11_9
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Inclusionary Housing and Density Bonuses 16-70.100
16-70.100 - Town of Tiburon Density Bonus
A. Residential developments located within an affordable housing overlay (AHO) zone, as set
forth in Sections 16-23.020.B. (RMP/AHO [Residential Multiple Planned/Affordable
Housing Overly] Zone) and 16-23.020.C. (NC/AHO [Neighborhood
Commercial/Affordable Housing Overlay] Zone), and qualifying for a Town density bonus
therein, shall be offered the substantial incentives in Section 16-23.050 (Affordable
Housing Overlay Zones Development Incentives) as set forth therein. Such density bonus
is exclusive of, and shall not be combined with, a density bonus in compliance with
Section 16-70.110 (State-mandated Density Bonus).
B. In compliance with the General Plan policies, the Town may grant a density bonus
sufficient to allow the reestablishment of developments containing affordable housing units
when such developments are destroyed by fire, earthquake, or similar disaster, even when
such reestablishment exceeds current maximum General Plan densities. [16-6.10]
16-70.110 - State-mandated Density Bonus
A. In compliance with Government Code Section 65915 et seq., or successor sections thereto,
the Town shall provide a density bonus for a qualifying housing development, as defined
therein.
B. Applicants who voluntarily agree to develop a housing development that complies with the
affordability requirements referenced in Subsection A. above, may submit to the Town a
proposal for the specific incentive(s) or concession(s) described in Subsections 16-
70.030.G. through L. or otherwise provided by applicable State law. A proposal shall be
submitted concurrently with the application for a density bonus. The Town shall award the
incentive(s) or concession(s) requested by the applicant in compliance with State law
requirements unless any of the following written findings is made based upon substantial
evidence:
1. The incentive is not required in order to provide for affordable housing costs, or is
not required for rents for targeted units to be set as specified in applicable State
law;
2. The incentive would have a specific adverse impact, as defined by applicable State
law, upon public health and safety or the physical environment or on any real
property that is listed in the California Register of Historical Resources and for
which there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the development unaffordable to low- and
moderate-income households; and
3. The concession or incentive would be contrary to State or federal law. [16-6.11
and AB 2280]
Article VII - Inclusionary Housing and Density Bonuses Planning Commission Recommended Draft - 11/09
VII-10
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Inclusionary Housing and Density Bonuses 16-70.120
16-70.120 - Appeals
Any person aggrieved by the denial, conditioning, suspension or revocation of a Building or
Occupancy Permit or other development permit in compliance with provisions of this Article, may
appeal such action or determination to the Council in compliance with Section 16-66 (Appeals).
[16-6.12]
Article VIl - Inclusionary Housing and Density Bonuses Planning Commission Recommended Draft - 11/09
VII-I I
TOWN OF TIBURON MUNICIPAL CODE -TITLE IV, CHAPTER 16, ZONING ORDINANCE
ARTICLE VIII
Economic Exceptions
16-80 ECONOMIC EXCEPTIONS ..........................................................................VIII-3
16-80.010 - Purpose VIII-3
16-80.020 - Application VIII-3
16-80.030 - Time for Filing Application
VIII-4
16-80.040 - Required Information VIII-5
16-80.050 - Economically Viable Use Determination-Economic Exception VIII-6
Article VII1 - Economic Exceptions Planning Commission Recommended Draft - 11/09
VIII-I
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Article VIII - Economic Exceptions Planning Commission Recommended Draft - 11/09
VIII-2
TOWN OF TIBURON MUNICIPAL CODE-TITLE IV, CHAPTER 16, ZONING ORDINANCE
Economic Exceptions 16-80.010
16-80 Economic Exceptions
Section:
16-80.010 - Purpose
16-80.020 - Application
16-80.030 - Time for Filing Application
16-80.040 - Required Information
16-80.050 - Economically Viable Use Determination-Economic Exception
16-80.010 - Purpose
The purpose of Section 16-80 is to ensure that the Town applies its General Plan, ordinances,
resolutions, and other measures that regulate land use for the protection and promotion of the
public health, safety, general welfare, and the environment (collectively, "land use regulations") in
a manner that treats property owners fairly and in a manner consistent with State and federal law.
Section 16-80 authorizes the Town to grant an economic exception relaxing the application of the
Town's land use regulations to the extent necessary to avoid an unconstitutional taking in
compliance with the United States or California Constitutions. [ 16-7.1 ]
16-80.020 - Application
A. If any applicant believes that strict application of the Town's land use regulations would
not permit an economically viable use of his or her property, or would otherwise effect an
unconstitutional taking of property, the applicant may apply for an economic exception.
The application for an economic exception shall include the entirety of all lots that are
geographically contiguous in which the applicant holds an interest at the time of the
application.
B. The applicant shall be required to fund all costs associated with independent peer review
studies and reports commissioned by the Town of any information submitted by the
applicant, or the independent preparation of such information by the Town or its
consultants, and may be required to submit an advance deposit upon application to cover
such costs.
C. Any applicant that does not submit a request for an economic exception as set forth in
Section 16-80.030 (Time for Filing Application) shall be deemed to have waived any
objections based on the takings clauses of the United States and California Constitutions to
the strict application of the Town's land use regulations, including, without limitation, any
condition of approval, mitigation measure, or other measure imposed to implement such
regulations. [ 16-7.2]
Article Vlll - Economic Exceptions Planning Commission Recommended Draft - 11/09
V1I1-3
TOWN OF TIBURON MUNICIPAL CODE-TITLE IV, CHAPTER 16, ZONING ORDINANCE
Economic Exceptions 16-80.030
16-80.030 - Time for Filing Application
A. Economic exception requests should be filed as early as possible in the planning and/or
permit process.
1. If the economic exception request is based on the facial application of the Town's
land use regulations, the applicant shall apply for the economic exception before or
in conjunction with the first land development application submitted for the
property.
2. The applicant shall apply for an economic exception in conjunction with the first
land development application submitted for the property if it is reasonably
foreseeable that the Town's land use regulations will require a denial or a
condition of approval, mitigation measure, or other measure to be imposed which
the applicant believes will effect an unconstitutional taking of property.
B. Notwithstanding Subsection A.1 above, if the Council is the Review Authority for the land
development application and the applicant's economic exception request is based on a
denial or on a condition of approval, mitigation measure, or other measure imposed by the
Council, the applicant shall submit the application for an economic exception within thirty
days of the Council's action on the land development application. The Council shall retain
jurisdiction over the project after its initial decision on the application for the sole purpose
of considering a request for an economic exception, which jurisdiction shall expire at the
end of the thirty-day period if no such request is filed. This Subsection shall not apply if
the denial, condition of approval, mitigation measure, or other measure was reasonably
foreseeable when the applicant filed his first land development application for the property.
C. Notwithstanding Subsection A.1 above, if the Commission, Board, or Town official is the
Review Authority for the land development application and the applicant's economic
exception request is based on a denial or on a condition of approval, mitigation measure, or
other measure imposed by the Commission, Board, or Town official, the applicant shall
submit the application for an economic exception within ten days of the Review
Authority's action on the land development application. The request for an economic
exception shall be submitted in conjunction with an appeal filed in compliance with the
Town's regular appeal process for contesting Zoning Permit decisions as set forth in
Section 16-66 (Appeals). Council will be the Review Authority for the appeal as
referenced in Section 16-80.050 (Economically Viable Use Determination-Economic
Exception). The applicant may submit supporting information for the economic exception
request for a period of thirty days following the decision being appealed. Scheduling of the
Council hearing on the appeal and the request for economic exception shall be at a date that
the Director determines will allow sufficient time for the Town to analyze the issues raised
by the appeal and the economic exception application. This Subsection shall not apply if
the denial, condition of approval, mitigation measure, or other measure was reasonably
foreseeable when the applicant filed his first land development application for the property.
D. For purposes of this Section, "first land development application" means the first land
development application filed in connection with a particular project. [16-7.3]
Article VIII - Economic Exceptions Planning Commission Recommended Draft - 11/09
V1114
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Economic Exceptions 16-80.040
16-80.040 - Required Information
A. The applicant shall provide all of the following information within thirty days of the
decision on which the economic exception request is being filed:
1. The date the applicant purchased or otherwise acquired the property, and from
whom;
2. The purchase price paid by the applicant for the property and a description of any
consideration that the applicant received for that purchase price in addition to the
property;
3. The fair market value of the property at the time the applicant acquired it,
describing the basis upon which the fair market value is derived, including any
appraisals done at the time;
4. The General Plan, zoning, or similar land use designations applicable to the
property at the time the applicant acquired it, as well as any changes to these
designations that occurred after acquisition;
5. A description of any development restrictions or other restrictions on use, other
than government regulatory restrictions described in Subsection A.4 above, that
applied to the property at the time the applicant acquired it, or which have been
imposed after acquisition;
6. A description of any change in the size of the property since the time the applicant
acquired it, including a discussion of the nature of the change, the circumstances,
and the relevant dates;
7. A statement as to whether the applicant has sold or leased a portion of, or interest
in, the property since the time of purchase, indicating the relevant dates, sales
prices, rents, and nature of the portion or interests in the property that were sold or
leased;
8. A title report for the property, as well as copies of any underlying documents
referenced therein, and copies of any litigation guarantees or similar documents
that affect or limit the use of all or a portion of the property;
9. A statement describing any offers to buy all or a portion of the property which the
applicant solicited or received within the last five years, including the approximate
date of the offer and offered price;
10. An accounting of the applicant's costs associated with the ownership of the
property, annualized for each of the last five calendar years, including property
taxes, property assessments, debt service costs (such as mortgage and interest
costs), and maintenance, operation and management costs;
11. Apart from any rent received from the leasing of all or a portion of the property, an
accounting of any income generated by the use of all or a portion of the property
Article VIII - Economic Exceptions Planning Commission Recommended Draft - 11/09
V1I1-5
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Economic Exceptions 16-80.050
over the last five calendar years. If there is any such income to report, it should be
listed on an annualized basis along with a description of the uses that generate or
have generated such income;
12. A brief written explanation why the application is necessary to avoid an
unconstitutional taking.
B. The Director may, in his reasonable discretion, not require information from the list above
or require the submittal of additional information that he determines is necessary to analyze
the application.
C. The Director may, in his reasonable discretion, grant additional time for the applicant to
submit the required information. [16-7.4]
16-80.050 - Economically Viable Use Determination-Economic Exception
A. The Council shall hold a public hearing on any application for an economic exception. The
Council shall grant an economic exception from strict application of the Town's land use
regulations if the Council makes the following findings:
1. Based on the economic information provided by the applicant or consultants, and
considering any other relevant evidence, strict application of the Town's land use
regulations would not provide an economically viable use of the applicant's
property or would otherwise constitute an unconstitutional taking of the applicant's
property.
2. The economic exception granted will result in a project which, to the maximum
extent possible while avoiding an unconstitutional taking:
a. Complies with the General Plan and Zoning Ordinance; and
b. Minimizes significant environmental impacts.
B. The Council's findings shall identify the evidence supporting the findings. [ 16-7.5]
Article VIII - Economic Exceptions Planning Commission Recommended Draft - 11/09
VIII-6
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
ARTICLE IX
Green Building
16-90 GREEN BUILDING ............................................................................................IX-3
16-90.010 - Purpose
IX-3
16-90.020 - Covered Projects
IX-3
16-90.030 - Standards for Compliance
IX-4
16-90.040 - Documentation
IX-4
16-90.050 - Review of Documentation
IX-5
16-90.060 - Verification
IX-5
16-90.070 - Cost of Verification
IX-6
16-90.060 - Exemptions
IX-6
Article IX - Green Building Planning Commission Recommended Draft - 11/09
IX-1
TOWN OF TIBURON MUNICIPAL CODE-TITLE IV, CHAPTER 16, ZONING ORDINANCE
Article IX - Green Building Planning Commission Recommended Draft - 11/09
IX-2
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Green Building
16-90.010
16-90 Green Building
Section:
16-90.010
- Purpose
16-90.020 - Covered Projects
16-90.030
- Standards for Compliance
16-90.040
- Documentation
16-90.050
- Review of Documentation
16-90.060 -
Verification
16-90.070 -
Cost of Verification
16-90.080 - Exemptions
16-90.010 - Purpose
The purpose of Section 16-90 is to enhance the public health and welfare and assure that residential
development is consistent with the Town's desire to create a more sustainable community by
incorporating green building measures into the design, construction and maintenance of buildings
and appurtenant development. The green building practices referenced in this Section 16-90 are
designed to achieve the following objectives:
A. Encourage resource conservation,
B. Reduce waste generated by construction projects;
C. Increase energy and water efficiency; and
D. Promote the health of residents. [ 16-8.1 ]
16-90.020 - Covered Projects
Provisions of Section 16-90 shall apply to:
A. The construction of new dwelling units, including dwelling units deemed "new
construction" in compliance with Subsection 16-52.020.x. (New construction projects
versus remodel projects).
B. Additions to existing dwelling units that constitute at least five hundred square feet of
conditioned floor area.
C. The construction of new non-residential buildings or additions to existing buildings that
equal or exceed 3,000 square feet of conditioned space.
D. Town-sponsored projects. [16-8.2]
Article IX - Green Building Planning Commission Recommended Draft - 11/09
IX-3
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Green Building
16-90.030 - Standards for Compliance
16-90.030
All covered projects shall demonstrate compliance with the applicable green building rating
checklist or system and minimum point requirements set forth in the green building Standards for
Compliance, as established by separate resolution of the Council, as amended from time to time.
[16-8.3]
16-90.040 - Documentation
A. Residential Projects. Application for building permits for residential covered projects
shall submit two completed sets of the applicable green building rating checklist and
supporting documentation indicating the measures to be used to achieve the required
number of points to achieve conformance with the Town's Standard for Compliance. The
submitted green building rating checklist shall be prepared or certified as accurate by a
certified green building rater. Building permit drawings shall indicate in the general notes
or individual detail drawings, where appropriate, the green building measures to be used to
attain the required number of points.
B. Non-residential Projects.
1. Projects from 3,000 to 19,999 square feet of conditioned space. All applicants
are required to retain the services of a LEEDS Accredited Professional and submit
a copy of the LEEDS checklist and supporting documentation indicating
compliance with the Town's Standards for Compliance, signed by the project
LEEDS Accredited Professional prior to issuance of a building permit. All
building documents shall indicate in the general notes and/or individual detail
drawings, where feasible, the green building measures employed to attain the
applicable LEEDS rating.
2. Projects exceeding 19,999 square feet of conditioned space. Non-residential
covered projects shall follow the certifying and procedural requirements of the
U.S. Green Building Council for the LEEDS rating system. All applicants are
required to retain the services of a LEEDS Accredited Professional and complete
LEEDS project registration prior to issuance of a building permit. Applicants shall
submit proof of registration of the project with the U.S. Green Building Council
and submit a copy of the LEEDS checklist and supporting documentation
indicating compliance with the Town's Standards for Compliance, signed by the
project LEEDS Accredited Professional, prior to issuance of a building permit. All
building documents shall indicate in the general notes and/or individual detail
drawings, where feasible, the green building measures employed to attain the
applicable LEEDS rating. The applicant shall also provide the Building Official
with online access to the U.S. Green Building Council website in order for the
Building Official to monitor the submission of documents by the applicant to the
U.S. Green Building Council. If the Building Official determines the project is no
longer in compliance with the approved plans or that the applicant is not diligently
pursuing LEEDS certification by the U.S. Green Building Council, the Building
Official may issue a stop work order.
Article IX - Green Building
Planning Commission Recommended Draft - 11/09
IX-4
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Green Building
16-90.050
3. Alternative rating system. The Council may, by resolution, adopt an alternative
green building rating system other than LEEDS. [ 16-8.4]
16-90.050 - Review of Documentation
If the Building Official determines that the green building documentation fails to indicate that the
project will conform to the Standards for Compliance, the documentation shall be returned to the
applicant as incomplete, with an indication of additional information or project modifications that
may be required for approval. A building permit, including a grading permit, shall not be issued
until the submittal documentation has been approved. [16-8.5]
16-90.060 - Verification
A. Residential projects. A Certified Green Building Rater or Town building inspector shall
verify that the green building measures indicated in the approved green building
documentation have been implemented through inspections during the construction of the
project or through review of purchase receipts or photographic documentation. At the
completion of project construction, the Certified Green Building Rater or Town building
inspector shall verify compliance with the approved green building documentation and the
Standards for Compliance. During the verification process for the project, flexibility may
be exercised by substituting other allowable compliance measures. Substitution of
measures must be approved by the Building Official by submittal and approval of a revised
Green Building Rating Checklist by the Certified Green Building Rater. An occupancy
permit or final inspection approval for the construction project shall not be granted until
the Building Official has determined that all required green building measures have been
implemented.
B. Non-residential projects.
1. Projects from 3,000 to 19,999 square feet of conditioned space. A LEEDS
Accredited Professional shall verify that the green building measures indicated in
the approved green building documentation have been implemented through
inspections during the construction of the project or through review of purchase
receipts or photographic documentation. At the completion of project construction,
the LEEDS Accredited Professional shall verify compliance with the approved
green building documentation and the Standards for Compliance. During the
verification process for the project, flexibility may be exercised by substituting
other allowable compliance measures. Substitution of measures must be approved
by the Building Official by submittal and approval of a revised LEEDS checklist
by the LEEDS Accredited Professional. An occupancy permit or final inspection
approval for the construction project shall not be granted until the Building Official
has determined that all required green building measures have implemented.
Certification through the U.S. Green Building Council is not required.
2. Projects exceeding 19,999 square feet of conditioned space. Prior to approval of
a final inspection for any covered non-residential project, the applicant shall
demonstrate substantial completion of the LEEDS documentation for the project
as evidenced by accessing the online information of the project on the U.S. Green
Building Council's website, following which the Building Official shall grant a
Article IX - Green Building
Planning Commission Recommended Draft - 11/09
IX-5
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Green Building 16-90.070
conditional occupancy permit if all other requirements have been satisfied. Within
one year of granting such conditional occupancy permit, the applicant (or current
owner) shall submit satisfactory evidence of LEEDOO certification to the Building
Official. Failure of the applicant to submit such evidence shall be a violation of
this Municipal Code, entitling the Building Official to revoke the conditional
occupancy permit, require the vacancy of the building, and/or impose a civil
penalty of $250 per day against the applicant (or current owner) until such
evidence of certification has been submitted. [16-8.6]
16-90.070 - Cost of Verification
The costs for verification of compliance with green building requirements, including the hiring of a
Certified Green Building Rater or a LEED® Accredited Professional, shall be borne by the
applicant. [16-8.7]
16-90.080 - Exemptions
A. Exemptions. This Section shall not apply to:
1. Secondary dwelling units,
2. Civic facilities that are located within leased buildings,
3. Historic buildings, or
4. Any project that received and maintains a valid Site Plan and Architectural Review
approval or a building permit, or which has submitted a complete Site Plan and
Architectural Review application or a completed Building Permit application prior
to October 31, 2008.
B. Hardship or Infeasibility Exemption. An exemption from the Standards for Compliance
based on hardship or infeasibility may be granted by the Building Official under special
circumstances. Such circumstances may include, but are not limited to: availability of
green building materials and technology, conflict between green building requirements and
other building or zoning standards, or provision of alternate methods that provide greater
resource conservation, energy conservation or resident health than adopted green building
measures. The determination by the Building Official shall be provided in writing to the
applicant. The decision of the Building Official may be appealed to the Council in
compliance with Section 16-66 (Appeals). [16-8.8]
Article IX - Green Building
Planning Commission Recommended Draft - 11/09
IX-6
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
ARTICLE X
Definitions
16-100 DEFINITIONS X-3
16-100.010 - Purpose X-3
16-100.020 - Definitions of Specialized Terms and Phrases X-3
Article X - Definitions Planning Commission Recommended Draft - 11/09
X-1
TOWN OF TIBURON MUNICIPAL CODE-TITLE IV, CHAPTER 16, ZONING ORDINANCE
Definitions
16-100.010
Article X - Definitions Planning Commission Recommended Draft - 11/09
X-2
TOWN OF TIBURON MUNICIPAL CODE - TILTE IV, CHAPTER 16, ZONING ORDINANCE
16-100.010
16-100 Definitions
Section:
16-100.010 - Purpose
16-100.020 - Definitions of Specialized Terms and Phrases
16-100.010 - Purpose
A. The following definitions shall be used in the interpretation of this Zoning Ordinance.
Terms and phrases used in this Zoning Ordinance that are technical or specialized, or that
may not reflect common usage, are defined herein.
B. If any of the definitions in Section 16-100 conflicts with definitions in other provisions of
the Municipal Code, the former shall control for the purposes of this Zoning Ordinance. If
a word is not defined in Section 16-100, or in other provisions of the Municipal Code, the
Director shall determine the correct definition. Should there be any difference between the
following definitions and those in other sections of this Zoning Ordinance, the more
detailed and specific definition shall take precedence, unless otherwise determined by the
Director. [16-1.5]
16-100.020 - Definitions of Specialized Terms and Phrases
As used in the Zoning Ordinance, the following terms and phrases shall have the meaning ascribed
to them in this Section unless the context in which they are used clearly requires otherwise. [16-1.5,
16-4.6.1.5, Ord. 496(G)]
A. Definitions, "A."
Abuts or abutting. Having a common line, or separated only by a private or public street,
alley, or easement.
Access corridor. The portion of a flag lot providing access from the street, except that no
portion of a site having side lot lines radial to the center or curvature of a street from the
street property line to the rear lot line shall be deemed an access corridor. The area of an
access corridor shall not be included in determining the area of a site, and the depth of an
access corridor shall not be included in determining the depth of a front yard.
Accessory building or structure. A building or structure that is subordinate to the main
building on the same site, or the use of which is incidental to the use of the site or the use
of the main building on the site. A building that shares a common wall with a main
building shall be deemed a part of the main building. A building or structure that is used as
a secondary dwelling unit is not an accessory building or structure. (See "Setback.")
Article X - Definitions Planning Commission Recommended Draft - 11/09
X-3
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Definitions
A
Accessory use. A use customarily incidental, related, and subordinate to the principal legal
use of the parcel or lot and located on the same. A secondary dwelling unit is not an
accessory use.
Affordable housing. See "Inclusionary housing."
Affordable unit. A dwelling unit affordable to households of very low, low, or moderate-
income as determined by the Housing Authority.
Agent of owner. A person authorized in writing by the property owner to represent and act
for a property owner in contacts with Town employees and officials regarding matters
regulated by this Zoning Ordinance.
Agriculture. The breeding, raising, pasturing, and grazing of livestock, for the production
of food and fiber; the breeding and raising of bees, fish, poultry, and other fowl; and the
planting, raising, harvesting and producing of agricultural, aquacultural, horticultural and
forestry crops, not including a household garden.
Alcoholic beverage. Any beverage falling within the definition contained in Section 23004
of the California Business and Professions Code.
Alley. A public or private roadway, not intended for general vehicle traffic circulation, that
provides secondary vehicle access to the rear or side of lots having other public street
frontage.
Alteration, structural. "Structural alteration" means any change in the supporting
members (e.g., bearing walls, columns, beams, or girders) of a structure, including
enlargement of such structure, or addition to it.
Animal, Large. Any cloven-footed or hoofed animal, including without limitation, any
cow, goat, sheep, pig, llama or member of the horse family.
Animal, Small. Any animal, bird, or reptile of substantially less size than a cloven-footed
or hoofed animal, including a chicken, turkey, rabbit, cat, dog, duck, mink, hamster,
chinchilla, frog, fish, worm, or bee.
Antenna. See "Wireless communications facility."
Apartment. Three or more units under one ownership in a single multifamily dwelling.
Units have a separate kitchen and are designed or intended for and/or occupied by one
family.
Applicant. The owner of a property on which a proposed project is located, or his agent, as
designated by him in writing.
Area. See "Floor area" or "Lot area."
Attached two-family dwelling. A building containing two dwelling units designed for
and/or occupied by two families living independently. An attached two-family dwelling is
Article X - Definitions Planning Commission Recommended Draft - 11/09
X-4
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Definitions
B
such that the two dwelling units share a common wall, roof, and foundation, or are one
above the other sharing a common floor/ceiling. A breezeway, carport, or similar accessory
structure connecting two buildings does not transform the buildings into an attached two-
family dwelling.
Attic. The room or space directly below the roof of a building. In modern buildings, the
attic is the space between the roof and the ceiling of the upper story. In classical structures,
the attic is the space, or low room, above the entablature or main cornice of the building.
Authorized Agent. See "Agent of owner."
Automatic Teller Machine (ATM). Machines used by bank and financial service patrons
for conducting transactions, including deposits, withdrawals and fund transfers, without
contact with financial institution personnel.
B. Definitions, "B."
Basement or below-grade story. Any floor area, all on one level with at least one foot
elevation difference from other floor area, where the top surface of the floor or roof above,
as measured at the outer edge, does not exceed three feet above grade for more than fifty
percent of the perimeter of the basement or below-grade story, nor exceed four feet above
grade for more than twenty-five percent of the perimeter, nor exceed seven feet above
grade at any point.
Bed and breakfast inn. A residential dwelling unit offering lodging and partial or full
board to overnight guests on a temporary basis.
Block. That property on one side of a street and lying between the two nearest intersecting
or intercepting streets, or between the nearest intersecting or intercepting streets.
Board. The Design Review Board of the Town of Tiburon.
Boarding house. A dwelling, other than a hotel or bed and breakfast inn, wherein lodging
and meals for two or more persons are provided for compensation.
Breezeway. A structure designed to connect the main building on a site with another main
building or an accessory structure on the same site. A breezeway shall not exceed fifteen
feet in height and no more than fifty percent of the total side area of the structure may be
enclosed with any material other than that necessary for roof supports.
Building. Any structure used or intended for supporting or sheltering any use or
occupancy. When any portion thereof is completely separated from every other portion
thereof by an approved fire wall assembly or separation as defined by the California
Building Code, without any window, door, or other opening therein, which fire wall
extends from the ground to the upper surfaces of the roof at every point, then such portion
shall be deemed to be a separate building.
Building, main. A structure within which is conducted the principal use of the lot upon
which it is located.
Article X - Definitions Planning Commission Recommended Draft - 11/09
X-5
TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Definitions
C
Building code. The California Building Code ("CBC"), editions and amendments as
adopted by the Town.
Building coverage. See "Lot Coverage."
Building envelope. A defined maximum volumetric limit above grade on a property, as
established by setbacks, heights or other limits. A building envelope is not intended to be
filled with buildings or structures, but is intended to provide flexibility in the location of
buildings or structures within the envelope. In planned development zones, limits on the
placement of buildings or structures relative to building envelope boundaries may be
specified in a Precise Development Plan or other Zoning Permit.
Building permit. A permit issued by the Building Division of the Town of Tiburon in
conformance with the requirements of the California Building Code ("CBC"), editions and
amendments as adopted by the Town.
Business. The purchase, sale, or other transaction involving the handling or disposition
(other than that included in the term "industry" as defined herein) of any article, substance,
service, or commodity for profit or livelihood. (See also "Home occupation.")
Business day. A day on which Tiburon Town Hall is open for the transaction of public
business.
C. Definitions, "C."
California building code. The California Building Code ("CBC'), editions and
amendments as adopted by the Town.
Cantilevered. An overhang where a floor, deck, balcony or other horizontal projection
extends beyond a foundation wall or other floor level and is unsupported at the extended
end.
Carport. An accessory structure or portion of a main building open on two or more sides
and designed for the shelter or storage of vehicles, as defined in this Section.
Certificate of Compliance. A certificate of compliance is a document that acknowledges,
either conditionally or unconditionally, that a subject parcel, which was typically created
prior to current subdivision map requirements, is considered by the Town to be a legal lot
of record.
Certified green building rater. A person or organization certified or designated by a
green building rating organization associated with a specific green building rating system
adopted by Town Council resolution for performing inspections and providing
documentation to assure compliance with green building requirements.
Charitable facility. A public service, nonprofit enterprise.
Child day-care center. Any establishment, activity, or use of a site providing group day-
Article X - Definitions Planning Commission Recommended Draft - 11/09
X-6
TOWN OF TIBURON MUNICIPAL CODE -TITLE IV, CHAPTER 16, ZONING ORDINANCE
Definitions
C
care or instruction services for 15 or more children, other than those resident on the site;
including a day nursery, nursery school, play group, or afternoon group.
Child day-care facilities. There are two categories of child day-care facilities:
1. Small family day-care homes (up to eight children). As provided by State law
(Health and Safety Code Sections 1596.78, et. seq.), small family day-care homes
are allowed within any single-family residence located in a residential zoning
district. A day-care facility may accommodate up to eight children and still be
considered a small family day-care home. No assistant is required. Parents must
be informed in writing when a caregiver increases the number of children cared for
to eight. A small family day-care home licensed for eight children may care for:
a. Six children with no more than three infants;
b. Four infants only; or
c. Eight children when two are at least six years of age and a maximum of
two infants and four other children over age two.
2. Large family day-care homes (up to 14 children). As provided by State law
(Health and Safety Code Sections 1596.78, et. seq.), this use is allowed within any
single-family residence located in a residential zoning district. Family day-care
homes that do not qualify as small family day-care homes are deemed to be large
family day-care homes.
Commercial Place of Amusement. Any establishment maintained and operated for the
purpose of providing amusement and entertainment to guests thereof, including places
designed to house video games.
Commercial Recreation Use. Any establishment, activity, or use of a site except for a
nonprofit establishment, in which a fee is charged to provide space, services, or facilities
for individual or group use in the pursuit of any recreational purpose.
Commercial use. A general term referring to business use, especially retail or office use,
unless otherwise stipulated.
Commission. The Planning Commission of the Town of Tiburon.
Community apartment. A development as defined in Section 1351(d) of the California
Civil Code, or any successor Section thereto.
Community care facility. Any facility, place, or building that is maintained and operated
to provide non-medical residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults, including, but not limited to,
the physically handicapped, mentally impaired, incompetent persons, and abused or
neglected children, and includes residential facilities, adult day care facilities, day
treatment facilities, foster family homes, small family homes, social rehabilitation
facilities, community treatment facilities, and social day care facilities (Health and Safety
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Code Sections 1500 et. seq.).
C
Community Development Department. The Planning Division and the Building Division
of the Town of Tiburon, which together are charged with implementing the land use
regulations of the Town and providing Staff support to the various boards, commissions,
and the Town Council.
Conceptual Master Plan. A conceptual development plan for a developed or undeveloped
property (see Section 16-52.070).
Conditional use. A use not authorized by right in a zone, which requires a conditional use
permit prior to the start of operation, pursuant to provisions of this code.
Conditional use permit. A discretionary zoning permit that may be granted in
compliance with the provisions of Section 16-52.040 (Conditional Use Permit), which
authorizes a specific use of land on a specific site, subject to compliance with any
conditions of approval imposed on the permit.
Conditioned floor area. Floor area within a building that is provided with a heat supply
or a method of cooling, as defined by the building code.
Conditioned space. An enclosed space in a non-residential building that is provided with a
mechanical heating system that has a capacity exceeding ten (10) Btu/(hr. X ft. 2), or is
provided with a mechanical cooling system that has a capacity exceeding five (5) Btu/(hr. x
ft.2).
Conditions, Covenants, and Restrictions (CC&Rs). A declaration recorded with the title
to a parcel that may establish private provisions governing how a property shall be held,
conveyed, encumbered, leased, rented, used, occupied, and/or improved. Unless specified
therein and expressly authorized by the Town, CC&Rs are not administered or enforced by
the Town.
Condominium. The term Gzcondominium" shall include the following:
1. Community apartment as that term is defined in Civil Code Section 1351(d) or any
successor Section thereto;
2. Condominium as that term is defined in Civil Code Section 1351(f) or any
successor Section thereto;
3. Stock cooperative as that term is defined in Civil Code Section 1351(m) or any
successor Section thereto; or
4. Undivided interest project that is defined as any parcel of land containing five or
more residential dwelling units in which five or more individuals own an
undivided interest coupled with the right of exclusive occupancy of any unit
located thereon. [ 16-4.6.1.5]
Condominium conversion. A change in the type of ownership of a parcel or parcels of
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D
land, together with the existing structures, to that defined as a condominium, regardless of
the present or prior use of such land or structures and whether improvements have been
made or are to be made to such structures.
Condominium project. Any development consisting of condominiums, or converting
existing structures to condominiums.
Council. The Town Council of the Town of Tiburon.
Coverage. See "Lot coverage."
Crawl space. An open area between the floor of a building and the ground.
D. Definitions, "D."
Days. Calendar days, unless otherwise specified (i.e. business days).
Debris Box. A large receptacle, often 8-15 cubic yards in volume, commonly but not
exclusively used for the disposal of construction debris from a construction site.
Deck. A flat, floored, roofless structure usually adjoining a main building or accessory
building.
Density. The number of dwellings per acre of lot area, unless otherwise stated, for
residential uses.
Density bonus. An increase in the number of units otherwise allowed by the general plan
and/or zoning ordinance for any particular lot or parcel.
Depth. The horizontal distance between the front and rear property lines of a site measured
in the mean direction of the side property lines, but not including the length of an access
corridor on a flag lot. (See Figures 10-1 and 10-2 under "Lot")
Design review guidelines. See Section 16-52.020 (Site Plan and Architectural Review
[Design Review]).
Detached two-family dwelling. Two dwelling units, each located in a separate building on
the same lot, for which a detached two-family dwelling exception has been issued in
compliance with this Zoning Ordinance. Detached two-family dwellings that lawfully exist
but that have not received a detached two-family dwelling exception shall be deemed legal
nonconforming structures subject to provisions of Section 16-62 (Nonconforming Uses,
Structures, and Lots).
Director of Community Development. The Director of the Town's Community
Development Department, or his designee.
Director. The Director of Community Development.
Division. See Planning Division.
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E
Dock. Any public or private facility for the berthing, loading, or unloading of boats or
other water-related craft.
Dolphin. A man-made marine structure that extends above the water level and is not
connected to shore. Used for providing a point to moor, to display regulatory or navigation
information, and/or providing lighting aids.
Driveway. A private roadway serving three or fewer lots, and not meeting Town standards
for public streets.
Dwelling unit. A room or group of internally connected rooms that have sleeping, food
preparation eating and sanitary facilities, but not more than one kitchen, which constitute
an independent housekeeping unit, occupied by or intended for one household on a long-
term basis.
Dwelling, multi-family. A building containing three or more dwelling units.
Dwelling, single-family. A building containing one dwelling unit.
Dwelling, two-family. An attached two-family dwelling or a detached two-family
dwelling, as defined herein.
Duplex. See "Attached two-family dwelling."
E. Definitions, "E."
Electronic commerce. The buying and selling of products or services over electronic
systems such as the internet and other computer networks.
Emergency. A sudden, unexpected occurrence demanding immediate action to prevent or
mitigate loss of or damage to life, health, property, or essential public services.
Emergency Shelter. Housing with minimal supportive services for homeless persons that
is limited to occupancy of six months or less by a homeless person.
Equestrian facility. A land use that consists of the commercial keeping of horses,
donkeys, and mules in facilities, including:
1. Horse ranches;
2. Stables (public and private);
3. Riding schools and academies;
4. Horse exhibition facilities; and
5. Pack stations.
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F
This land use includes barns, stables, corrals, and paddocks accessory and incidental to the
above uses.
F. Definitions, "F."
Family. One or more persons occupying a dwelling and living as a single, domestic
housekeeping unit, as distinguished from a group occupying a hotel or motel, club,
fraternity or sorority house.
Feasible. Capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, legal, social, and
technological factors.
Fence. A man-made barrier that provides privacy and/or limits passage. Fences may be
continuous or open at intervals. Fences that exceed three and one-half feet in height shall
be considered "structures" as defined in this Zoning Ordinance.
Floor area, gross. "Gross floor area" means the sum of all enclosed or covered areas of
each floor of the building, measured to the exterior faces of the enclosing walls, columns,
or posts.
NOTE: The term "capable of being used or finished for habitable space" is used below. A
space shall be considered "capable of being used or finished for habitable space" if it meets
California Building Code occupiable ceiling height requirements and is all of the
following:
1. Covered by a solid, weatherproof roof or floor and
2. At least fifty percent of the vertical area around the space is closed.
Gross floor area shall not include the following six areas:
1. For residential uses, the first six hundred square feet of garage or carport space on
properties less than or equal to sixty thousand square feet in area; or the first seven
hundred fifty square feet of garage or carport space on properties greater than sixty
thousand square feet in area; or the first two hundred fifty square feet of garage or
carport space for each parking space required in compliance with parking
requirements from Section 16-32.040 (Number of Paring Spaces Required);
2. Areas permanently open to the sky;
3. Exterior areas under roof eaves or other cantilevered overhangs;
4. Attic spaces and underfloor spaces that are not capable of being used or finished
for habitable space;
5. Basements, as defined in this Zoning Ordinance; and
6. Floor areas of roofed or covered open spaces (such as breezeways, balconies,
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porches and similar spaces), which are not capable of being used or finished for
habitable space, if at least fifty percent of the vertical area around the space is fully
open.
Gross floor area shall include the following:
1. Unfinished loft spaces and other areas capable of being used or finished for
habitable space;
2. Other roofed or covered spaces (such as breezeways, balconies, porches, or similar
spaces) that are capable of being used or finished for habitable space, if less than
fifty percent of the vertical area around the space is fully open;
3. Roof penthouses; mezzanine floor areas; and accessory buildings;
4. All crawl space area with a minimum height of seven feet when measured from
finished or natural grade (whichever is lower) to the bottom of the floor above.
This definition shall only apply to crawl space created after March 31, 2006; and
5. All space with a minimum height of seven feet beneath a cantilevered portion of
other floor area of a dwelling unit. This definition shall only apply to such space
created after March 31, 2006.
Unless otherwise stipulated, the term "floor area" shall mean gross floor area.
Floor area ratio (FAR). For residential uses, the floor area ratio is specified in Table 5-2
as described in Section 16.52.010(I). For non-residential uses, the floor area ratio is the
gross floor area of the building or buildings on a lot, divided by the area of the lot.
Frontage. The property line abutting on a street. On a corner lot or a flag lot, or on a
double-frontage lot, the lot line closest to the point of access to the lot, and/or the lot line
abutting the principal street, as determined or approved by the director. The term also
includes front lot line (see Figure 10-1 and 10-2 below, under "Lot").
G. Definitions, "G."
Garage. An accessory building or portion of a main building, enclosed on three or more
sides, designed or used primarily for the shelter or storage of automobiles and/or other
vehicles.
General Plan. The comprehensive plan as adopted by the Town in compliance with the
California Government Code Section 65302, or successor sections thereto.
Grade. The natural surface of the ground, or the finished ground surface, whichever is
lower, but in no case lower than the minimum flood grade elevations adopted by the Town
(See "Height.") The director or board may determine the grade in the case of unusual
project conditions.
Green building rating checklist. A rating system adopted by Town Council resolution
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H.
H
and used for determining compliance of new construction and substantial additions with
green building requirements.
Ground surface. See "Grade."
Guest house. Living quarters within a detached accessory building for use by guests of the
occupants of the premises, such quarters having no kitchen or cooking facilities and not
otherwise used or usable as a separate dwelling unit.
Guest room. A room without kitchen facilities that is intended, arranged, or designed to be
occupied, or which is occupied, by one or more guests, and is not rented or otherwise used
as a separate dwelling unit.
Guidelines. Design review guidelines, Town of Tiburon Design Guidelines For Hillside
Dwellings and General Design Guidelines for New Construction and Remodeling (Hillside
Design Guidelines), Downtown Tiburon Design Handbook, or any other guidelines
adopted by resolution of the Town Council.
Definitions, "H."
Handicapped accessible unit. A dwelling unit that meets all the special requirements as
set forth in federal and State law for handicapped persons.
Hearing, public. "Public hearing" means a duly noticed hearing held subject to the
provisions herein, for the purpose of obtaining public opinion and comment upon an
application or other matter before the board, commission, or council.
Height. The plumb vertical distance, measured using a plane, established by the lower of
the natural or finished grade at the perimeter of the exterior surface of the building,
structure, fence, or wall. No point of the roof edge, fence, wall, parapet, mansard, structure,
or other building feature shall extend above the plane established by the maximum height
line from grade, except as specifically excluded in Subsection 16-30.050.D (Exceptions to
height limits).
Hillside Design Guidelines. The Town of Tiburon Design Guidelines for Hillside
Dwellings and General Design Guidelines for New Construction and Remodeling.
Historic building. Any building listed on a national, state, or local register or listing of
historic resources.
Home occupation. Any use which is conducted entirely within a dwelling and carried on
by the inhabitants thereof, is clearly incidental and secondary to the use of the dwelling for
residential purposes, and does not change the character thereof or adversely affect the uses
permitted in the residential zone in which it is located, and may be permitted in any
residential zone. Subject to the regulations contained in Section 16-40.040 (Home
Occupations). [16-4.10.1]
Home, rest or convalescent. "Rest home" or "convalescent home" means a residential use
in which nursing, dietary, and other personal services are furnished to convalescents,
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invalids, or aged persons.
Hospital. See "Medical Services - Hospitals."
Hotel. A building or part thereof containing completely furnished individual guest rooms
or suites, occupied on a transient basis (less than 30 days), where lodging with or without
meals is provided for compensation. This definition includes motels.
Household. See "Family."
Household pet. A domesticated animal normally allowed free access to the dwelling, kept
for company, security, or pleasure and bred for this purpose, in compliance with Title VI,
Chapter 20 (Animals). Examples include a dog, cat, or canary; but do not include related
species normally found in the wild state.
Housing Authority. The Housing Authority of the County of Marin, a public body,
corporate and politic, created in compliance with the Housing Authority Law of the State
of California, or its successor.
Housing Element. The Town of Tiburon General Plan Housing Element.
HUD. The United States Department of Housing and Urban Development or its successor.
1. Definitions, "I."
Inclusionary housing. Housing for low and moderate-income families, as defined in
Article VII (Inclusionary Housing and Density Bonuses). The following words and
phrases shall be interpreted as set forth below for use of regulations in Article VII:
1. Affordable unit. A dwelling unit affordable to households of very low, low, or
moderate-income as determined by the Housing Authority.
2. Applicant. The owner of a property on which a proposed project is located, or his
agent, as designated by him in writing.
3. At one location. All adjacent land owned or controlled by the applicant, the
property lines of which are contiguous at any point, or the property lines of which
are separated only by a public or private street, road or other public or private
right-of-way, or separated only by other land of the applicant.
4. Density bonus. An increase in the number of units otherwise allowed by the
general plan and/or zoning ordinance for any particular lot or parcel.
5. Dwelling unit. A room or group of internally connected rooms that have sleeping,
food preparation, eating and sanitary facilities, but not more than one kitchen,
which constitute an independent housekeeping unit, occupied by or intended for
one household on a long-term basis.
6. Handicapped accessible unit. A dwelling unit that meets all the special
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requirements as set forth in federal and State law for handicapped persons.
7. Housing Authority. The Housing Authority of the County of Marin, a public
body, corporate and politic, created in compliance with the Housing Authority Law
of the State of California, or its successor.
8. Housing Element. The Town of Tiburon General Plan Housing Element.
9. HUD. The United States Department of Housing and Urban Development or its
successor.
10. Inclusionary unit. An ownership or rental dwelling unit that is affordable by
households with very low, low, or moderate-income, and/or a dwelling unit
designed for a special needs household.
11. In-lieu housing fee. A fee paid to the Town by an applicant for residential
development in the Town, in lieu of providing the required inclusionary units or
lots.
12. Income levels. The following definitions are used to describe income levels:
a. Low income. That income level determined periodically by the Housing
Authority using median income levels and family sizes. Generally, low
income indicates a household income between fifty percent and eighty
percent of median income.
b. Moderate-income. That income level determined periodically by the
Housing Authority using median income levels and family sizes.
Generally, moderate-income indicates a household income between eighty
percent and one hundred twenty percent of median income.
C. Very low income. That income level determined periodically by the
Housing Authority using median income levels and family sizes.
Generally, very low income indicates a household income below fifty
percent of median income.
13. Median income. The median income for the San Francisco Primary Metropolitan
Statistical Area (PMSA), or its successor, as determined by HUD, adjusted for
family size and updated annually.
14. New. Not previously existing in a numerical sense. For example, the subdivision of
an existing lot or parcel into two lots will create only one new lot.
15. Resale controls. Legal restrictions by which the price of an affordable unit will be
controlled, ensuring that the unit remains affordable by very low, low, or
moderate-income households on resale.
16. Residential development. A housing development, as defined in California
Government Code Section 65915 et seq., condominium conversion or land
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subdivision, at one location, including all residential lots or dwelling units for
which permits have been applied for or approved.
17. Special needs household. A household with identified special needs, including but
not limited to:
a. Single-person household (smaller units);
b. Single-parent household (smaller units);
C. Senior household (including assisted housing and board and care);
d. Large family household (minimum of three bedrooms);
e. A household with people with disabilities (handicapped persons). [16-6.2]
Improved parking surface. An artificially enhanced ground surface, typically but not
exclusively composed of concrete, asphalt, stone, pavers, brick, ceramic, macadam, turf-
block, or gravel, that is used for, or capable of being used for, the parking of vehicles.
Industry. Any non-residential building or land area in which the industrial operations of
manufacturing, fabricating, processing, reduction, or destruction of any article, substance,
or commodity, or similar processes takes place.
Institution. A public or semi-public facility, especially schools, religious places of
worship, public government buildings, and other structures used and occupied by a
government, religious, educational, or other similar organization.
Interlocking module. Angle parking that places the bumpers of vehicles in adjacent stalls
next to one another. An interlocking to curb module places the bumpers of vehicles to
adjacent curbs.
Intermediate community care facility. See "Community care facility."
J. Definitions, "J."
Junkyard. Buildings, structures, or premises where junk, waste, and discarded, recyclable,
or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled, or
handled. Includes automobile wrecking yards, but does not include premises used for the
purchase or storage of used furniture and household equipment, or used cars in operable
condition.
K. Definitions, "K."
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Kennel. Any lot or premises on which four or more dogs, cats, or other small animals at
least four months of age are kept; or an establishment in which veterinary services,
clipping, bathing, boarding, and other services are rendered to dogs, cats, and other small
animals and household pets.
Kitchen. Any portion of a structure, other than a wet bar, with a combination of two or
more of the following:
1. Sink (other than that associated with a bathroom);
2. Food storage and preparation areas;
3. Refrigerator; or
4. Cooking appliances including a stove, microwave oven, convection oven, cooking
burners, hot plate or similar appliances that reasonably may be used for the
preparation of food.
L. Definitions, "L."
Landscaped area. The portion of a site containing planted areas and plant materials
including trees, shrubs, lawns, flower beds, and ground cover, together with decorative
elements such as walks, benches, patios, terraces, water features, and the like, suitable for
ornamenting or screening the site or a use on the site.
LEED®. Any one of the U.S. Green Building Council's Leadership in Energy and
Environmental Design green building rating systems or programs.
LEED' accredited professional. A person who is accredited by the U.S. Green Building
Council as having a thorough understanding of green building practices and principles and
familiarity with LEED® requirements, resources and processes.
Legal nonconforming secondary dwelling unit. A secondary dwelling unit that currently
does not conform to the regulations for the district in which it is situated but which did
conform at the time it was constructed or erected.
Legal nonconforming structure. A structure which was lawfully existing or maintained,
or for which a building permit was issued but which no longer conforms to the standards of
coverage, yard space, height, distance between structures, or other prescribed regulation for
the Zone in which the structure is located. (Please refer to Section 16-62 [Nonconforming
Uses, Structures, and Lots] for more detailed information.)
Legal nonconforming use. A use of a structure or land which was lawfully established
and maintained but which no longer conforms to the use regulations of the Zone in which it
is located. (Refer to Section 16-62 [Nonconforming Uses, Structures, and Lots] for more
detailed information.)
Loading area. A space not on a public street, conforming to the requirements for loading
spaces or berths specified in Section 16-32.090 (Loading Berths), with adequate provision
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for ingress and egress. Developed for the loading or unloading of motor vehicles or trailers,
including loading berths, aisles, access drives, and related landscaped areas, and normally
located on the lot where the building or use which it serves is located.
Lot. Land occupied or to be occupied by a building and its accessory building, together
with such open spaces as may be required in compliance with the provisions herein, having
not less than the minimum area required by this Zoning Ordinance for a building site in the
zone in which such lot is situated, and having frontage on a street; and which is shown on a
duly approved and recorded subdivision map, or otherwise legally subdivided or
recognized by certificate of compliance (see Figure 10-1 and 10-2 (See also "Parcel.")
1. Corner lot. A lot that occupies the interior angle at the intersection of two or more
streets that have an angle of intersection of not more than one hundred thirty-five
degrees.
2. Through lot. An interior lot having frontage on two parallel or approximately
parallel streets.
3. Flag lot. A lot having a narrower strip connection to a public street than would
otherwise be permitted under the minimum lot width requirement, but in no case
less than fifteen feet.
4. Interior lot. A lot other than a corner lot.
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M Rear line i
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5. Key lot. The first interior lot to the rear of a reversed corner lot.
6. Reversed corner lot. A corner lot, the rear yard of which abuts the side yard of
another lot.
Lot area. The total area included within the boundary lines of a lot, exclusive of the area
of access corridors or portions of the lot within existing or planned street lines. See Figure
10-2 above.
Lot coverage. The percentage of a lot or parcel that is covered by structures. (Refer to
Subsection 16-30.1203 (Lot coverage) for detailed information on the calculation of lot
coverage.)
Lot line. The lines bounding a lot as defined herein.
Lot line, front. "Front lot line" means the line of an interior lot separating it from a street
at or closest to the access to the lot, except (1) as otherwise defined under "Frontage", or
(2) when a front property line falls within a street right-of-way or roadway easement, the
front lot line shall be the street right-of-way or roadway easement line within the property.
(See also "Yards.")
Lot line, rear. "Rear lot line" means a lot line that is opposite and most distant from the
front lot line. On an irregular lot that is not of extreme configuration, the rear lot line shall
coincide with the rear property line. In the case of an extremely irregular or triangular
shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance
from the front lot line shall be the rear lot line (see Figures 10-3 and 10-4 on the following
page). In the case of lots within the Marine Zone, the rear lot line is the mean high tide
line.
Lot line, side. "Side lot line" means the line of an interior lot separating it from another lot
and the line of a corner lot separating the line of that lot adjacent to the frontage from a
street, except (1) as otherwise defined under "Frontage", or (2) when a street side property
line falls within a street right-of-way or easement, the side lot line on that side shall be the
easement or right-of-way line within the property.
Lot of record. A lot created prior to current subdivision map requirements and in
compliance with the applicable subdivision regulations in effect at that time.
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L
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Figure 10-4 - Triangular lot lines
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M. Definitions, "M."
M
Maintenance. Repair work on a building or structure, including painting, carpentry,
glazing, and the reinforcement or replacement of defective parts, including roofs,
foundations, structural members, and the like, but not including an addition to or
enlargement of the building, structure or living area.
Master plan, conceptual. See "Conceptual master plan."
Mean high tide line. The line establishing the mean high tide elevation. Mean high tide
line is used to define the jurisdiction of the Bay Conservation and Development
Commission, which includes a band of land 100 feet shoreward from the mean high tide
line. See, also, "Lot line, rear."
Medical services. Businesses primarily engaged in furnishing outpatient medical, mental
health, surgical and other personal health services, but which are separate from hospitals.
Counseling services by other than medical doctors or psychiatrists are included under
"Offices."
Medical services - hospitals. The provision of diagnostic services and extensive medical
treatment, including surgical and other related services. These establishments have an
organized medical staff, inpatient beds, and equipment and facilities to provide complete
health care services. May include on-site accessory clinics and laboratories, accessory
retail uses and emergency heliports.
Medical services - clinics, labs. Businesses primarily engaged in furnishing outpatient
medical, mental health, surgical and other personal health services, but which are separate
from hospitals, including:
1. Health management organizations (HMOs);
2. Medical and dental laboratories;
3. Medical, dental and psychiatric offices;
4. Out-patient care facilities;
5. Other allied health services.
Counseling services by other than medical doctors or psychiatrists are included under
"Office."
Mezzanine. An intermediate floor placed within any story or room.
Mobile Home. A trailer, transportable in one or more sections, that is certified under the
National Manufactured Housing Construction and Safety Standards Act of 1974, which is
over eight feet in width and forty feet in length, with or without a permanent foundation
and not including recreational vehicle, commercial coach or factory-built housing.
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Motel. See "Hotel."
Municipal Code. The Tiburon Municipal Code.
N. Definitions, "N."
Natural resource. Resources, including but not limited to, streams, bays, watersheds,
groundwater recharge, soils, wildlife habitat as defined herein, special land forms and
natural vegetation.
New construction. For purposes of Section 16.52.020(K), a construction project for an
existing dwelling or commercial structure wherein either of the following occurs:
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.
2. All or most of the roof remains, but more than 50% of the exterior wall framing is
removed.
Nonconforming structure. See "Legal nonconforming structure."
Nonconforming use. See "Legal nonconforming use."
Nursery. Any land use to raise trees, shrubs, flowers and other plants for sale or for
transplanting.
Nursery school. See Child day-care center.
0. Definitions, "O."
Occupy. To take or enter upon possession of a place, building, or site.
Office. A place or use where administrative work is done, services offered, or business
transacted, with only incidental handling of goods or products.
Open space. The portion, or portions, of a parcel unoccupied or unobstructed by structures
or development of any kind except as permitted by this Zoning Ordinance or other
ordinances of the Town, consistent with the General Plan.
Open space land. Any lot or parcel or other real property that is located in the open space
zone on the zoning map or that is otherwise encumbered by an open space and/or
conservation easement or that is designated as open space in a Zoning Permit or other
Town-recognized document.
Open space use. The use of land for public recreation, enjoyment of scenic or natural
beauty, conservation of natural resources, and containment of development.
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P
Outdoor Display. An outdoor arrangement of objects, items, products, or other materials,
typically not in a fixed position and capable of rearrangement, designed and/or used for the
purpose of advertising or identifying a business, product, or service, or having the practical
effect of doing so.
Owner of record. The owner of at least fifty percent interest in the subject real property.
P. Definitions, "P."
Parcel. All contiguous land held by one owner. A parcel may or may not have frontage on
a street, or may contain a street within it.
Parking area. A site or portion of a site devoted to the off-street parking of motor
vehicles. Includes parking spaces, aisles, access drives, and related landscaped areas.
Parking space. A usable and accessible space, with adequate provision for automobile
ingress and egress, which space is used solely and permanently for vehicle parking, and
conforms to the provisions of Section 16-32 (Parking and Loading Standards) concerning
parking regulations.
Path. A paved or unpaved walkway for pedestrian and/or bicycle use.
Paved areas. Hardscape that includes, but is not limited to, walks, driveways, and garage
aprons.
Permit. All building, grading, and other certificates of entitlement issued by the Town
including use permits and variances.
Permit, conditional use. See "Conditional use permit."
Philanthropic facility. See "Charitable facility."
Planned development. A development project, usually located in the RPD or RMP zone,
in which typical zoning regulations such as density, coverage limits, setbacks, and so forth
have been or will be established by adoption of a precise development plan or similar
document.
Planned development map. A map depicting planned development zones within the
Town. (See Section 16-14.020 [Zoning Map and Zones])
Planning Commission. The Town of Tiburon Planning Commission, referred to
throughout this Zoning Ordinance as the "Commission."
Planning Director. See "Director of Community Development."
Planning Division. The division of the Community Development Department charged
with responsibility for the current and advance planning functions of the Town, including
land use regulation, Zoning Permits, and enforcement thereof.
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Q
Play equipment. Equipment intended to be used for play purposes on residential property,
including basketball standards, swing sets, and similar recreational equipment.
Play structure. A portable (not permanently installed into the ground) structure intended
to be used by children for play purposes on residential property.
Precise Development Plan. A plan submitted by a property owner, or his legal
representative, specifically showing the proposed improvement of a property including the
site plan, preliminary engineering data, building concepts, landscaping plan, and other
information as required in Section 16-52.060 (Precise Development Plan).
Preschool. See Child day-care center.
Prezoning. A zoning designation, formally adopted by the Town, that applies to
unincorporated territory adjoining the Town or within its Planning Area, that would
become effective upon annexation. Prezoning has no regulatory effect until the property is
annexed. See Section 16-68.030 (Prezoning and Annexation).
Principal use. The primary purpose or function that a lot serves or is intended to serve.
Private residential recreation facilities. A noncommercial club or recreation facility,
civic club, or veteran organization, when located in a single-family dwelling.
Property. A parcel or lot, unless otherwise specified herein.
Property area. See "Lot area."
Property line. The boundary defining the ownership of any parcel of land, including a
public right-of-way but not including a limit of ownership within a public right-of-way.
Public use. Any use that is available to the general public and/or owned by the general
public.
Public/quasi-public use. A land use including educational facilities; governmental and
quasi-public buildings or facilities; utility facilities; and similar facilities owned or
operated by public or non-profit agencies.
Q. Definitions, "Q."
No specialized terms beginning with the letter "Q" are defined at this time.
R. Definitions, "R."
Real estate tract office. A dwelling temporarily occupied by an office use for the intent of
conducting real estate sales for a development project under construction in which the
dwelling is located.
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R
Recreation, public. Any recreation use owned or operated by a public agency, with or
without charging a fee.
Recreational vehicle. A motor home, travel trailer, truck camper or camping trailer, with
or without motive power, originally designed for human habitation for recreational,
emergency or other occupancy, which meets all of the following criteria:
It contains less than 320 square feet of internal living room area, excluding built-in
equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and
bath or toilet rooms;
2. It contains 400 square feet or less of gross area measured at maximum horizontal
projections;
It is built on a single chassis; and
4. It is self-propelled, truck-mounted or permanently tow-able on the highways
without a towing permit.
Religious places of worship. Religious facilities operated by organizations for worship, or
the promotion of religious activities. Includes accessory uses on the same site, such as
living quarters for ministers and staff, and child day-care facilities where authorized by the
same type of land use permit required for the religious facility itself. Does not include
other establishments maintained by religious organizations, such as full-time educational
institutions, hospitals and other potentially related operations (such as a recreational camp),
which are defined under their respective activities.
Remodel. For purposes of Section 16.52.020 (K), a construction project for an existing
dwelling or commercial structure that does not qualify as "new construction" as that term
is defined herein.
Resale controls. Legal restrictions by which the price of an affordable unit will be
controlled, ensuring that the unit remains affordable by very low, low, or moderate-income
households on resale.
Residence. A building or portion thereof containing one dwelling unit designed for
occupancy of or occupied by one family.
Residential care facility. A dwelling unit licensed or supervised by any Federal, State, or
local health/welfare agency which provides 24-hour nonmedical care of unrelated persons
who are disabled and need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual in a family-
like environment.
Residential planned development zone. Any area of land or water designated RPD and
subject to all of the terms and regulations of Sections 16-21.030 (Residential Zones
Allowable Land Uses and Permit Requirements) and 16-21.040 (Residential Zones
Development Standards).
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Retail store. A business selling goods, wares, or merchandise directly to the ultimate
consumer.
Review Authority. The Design Review Board, Planning Commission, Town Council,
Town official, or other designee acting on a Zoning Permit application.
Ridgeline. A ground line located at the highest elevation of a connected series of major
and minor hills. The primary ridgeline in Tiburon is the Tiburon Ridge as identified in the
General Plan Open Space and Conservation Element. Significant (secondary) ridgelines are
also identified in the General Plan Open Space and Conservation Element.
Right-of-way. The legal boundary of a street. (See "Street line.")
Rooming house. See "Boarding house."
S. Definitions, "S."
Seasonal rental unit. A dwelling unit that is rented on a repeated basis for less than 31
consecutive days, or is advertised or marketed on a repeated basis to be rented for any
period less than 31 days.
Secondary dwelling unit. An attached or detached additional dwelling unit on a single-
family lot, which provides independent living facilities for not more than three persons,
and which has kitchen/cooking, sleeping and sanitation facilities on the same lot as the
primary unit is situated. See Section 16-40.030 (Secondary Dwelling Unit). The following
definitions are used for secondary dwelling units:
1. Attached secondary dwelling unit. A secondary dwelling unit that shares a
common wall with the primary unit.
2. Legal nonconforming secondary dwelling unit. A secondary dwelling unit that
currently does not conform to the regulations for the zone in which it is situated
but which did conform at the time it was constructed or erected.
3. Owner of record. The owner of at least fifty percent interest in the subject real
property.
4. Primary unit. The building (or portion of the building in cases of an attached
secondary dwelling unit) in which the principal residential use of the lot takes
place. A secondary dwelling unit cannot constitute the primary unit.
5. Principal place of residence. A dwelling unit that is occupied by the owner of
record as a primary place of residence.
Secretary of the Board. The Director of Community Development or his designee.
Secretary of the Planning Commission. The Director of Community Development or his
designee.
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S
Service station. A place for the retail sale of gasoline or other motor vehicle fuels, which
may also include services incidental to fuel sales. These incidental services may include
vehicle engine maintenance and repair, towing and trailer rental services. Does not include
the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender
work, or the rental of vehicle storage or parking spaces.
Setback. A line within a lot depicting the limits of the required yard areas.
Sidewalk. A paved walkway adjacent to a street or road.
Significant (secondary) ridgeline. A ridgeline other than the Tiburon Ridge, as identified
and described in the General Plan Open Space and Conservation Element.
Site. A parcel of land or portion thereof with access to a street, devoted to or intended for
use or occupied by a structure or a group of structures. (See also "Lot" and "Parcel.")
Site area. See "Lot area."
Site Plan and Architectural Review. A type of Zoning Permit procedure used by the
Town. Refer to Section 16-52.020 (Site Plan and Architectural Review).
Slope. The natural ground slope of a lot or parcel. Percent of slope shall be measured along
a line passing through the center of the lot or parcel, or through the building site, between
lot lines and perpendicular to the natural contours; this choice shall be made by the
Director.
Special needs household. A household with identified special needs, including but not
limited to:
a. Single-person household (smaller units);
b. Single-parent household (smaller units);
C. Senior household (including assisted housing and board and care);
d. Large family household (minimum of three bedrooms);
e. A household with people with disabilities (handicapped persons).
Sports Court. A court facility where outdoor recreational activities occur for non-
commercial neighborhood, community, or private residential use. These include facilities
such as basketball courts and tennis courts.
Stable, private. An accessory structure on a lot of not less than one acre in area in which
not more than two horses are kept for private use, provided that an additional horse may be
added for each additional acre of land in the site.
Stable, public. A building in which any horses are kept for remuneration, hire, or sale.
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State. The State of California.
T
Stock Cooperative. A development as defined in Section 1351(m) of the California Civil
Code.
Storage Box. A receptacle used to store household goods and furniture during the
construction process on a property.
Story. That portion of a building including between the surface of any floor and the
surface of the next floor above it, or if there is no floor above it, then the space between the
floor and the ceiling next above it.
Street. A thoroughfare other than an alley, whether public or private, which provides the
principal means of vehicular access to abutting property.
Street line. The dividing line between a lot or parcel of land and a contiguous street. The
street line shall be the right-of-way line in cases where the property extends into the street.
Structure. 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 one-half 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.
Structure, legal nonconforming. See "Legal nonconforming structure."
Supportive housing. Housing with no limit on length of stay, that is occupied by people
with disabilities and that is linked to offite or offsite services that assist the supportive
housing resident in retaining the housing, improving his or her health status, and
maximizing his or her ability to live and, when possible, work in the community.
Swimming pool. A pool, pond, lake, hot tub, or open tank capable of containing water to a
depth greater than one and one-half feet located on the site of a private residence for the
exclusive use of residents of the site and their guests. It shall not be considered a structure
unless it extends more than three feet above grade as defined herein.
T. Definitions, "T."
Theater, playhouse. A building, room, or outdoor structure for the presentation of plays,
films, or other dramatic performances.
Town. The Town of Tiburon, County of Marin, State of California.
Town Clerk. The Town Clerk of the Town, or a designated deputy.
Town-sponsored project. A building exceeding three thousand (3,000) square feet in floor
area primarily funded and sponsored by the Town and located on Town-owned land.
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Trail. An unpaved walkway.
U
Trailer. Any vehicle or structure constructed in such a manner as to permit occupancy as
sleeping quarters or the conduct of any trade or business, and so designed that it is or may
be mounted on wheels and used as a conveyance, propelled or drawn by its own or other
motive powers; this may include boats on trailers when used as described.
Transitional housing. Rental housing operated under program requirements that call for
the termination of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which shall be no less than
six months.
U. Definitions, "U."
Undivided Interest Project. Any parcel of land containing five or more residential
dwelling units in which five or more individuals own an undivided interest coupled with
the right of exclusive occupancy of any unit located thereon.
Usable open space. The required, relatively level portion of a lot at ground level, including
terraces or decking, unoccupied by principal or accessory buildings, and available to all
occupants of a building or dwelling; this space of minimum prescribed dimension shall be
unobstructed to the sky and shall not be devoted to driveways, parking, gradients of greater
than ten percent, or other surfaces or uses obstructing leisurely outdoor use of the space.
Use. The purpose for which a site or structure is arranged, designed, intended, constructed,
erected, moved, or enlarged, or for which either a site or structure is or may be occupied or
maintained.
Use, legal nonconforming. See "Legal nonconforming use."
V. Definitions, "V."
Vehicle. Any automobile, truck, boat, or any device, operable or inoperable, with or
without wheels, by which any person or property may be propelled, moved, or drawn upon
any street or highway, excepting nonmotorized bicycles.
Vest. To obtain a right by completing an action required by the Tiburon Municipal Code,
State or federal law.
View corridor. A view as seen through a corridor created by buildings, trees, or other
opaque objects.
Vista. Similar to view corridor except that vistas need not be confined to a corridor, but
may provide long-range views over opaque objects, rather than between them.
W. Definitions, "W."
Wet bar. A portion of a structure, other than a kitchen, with a combination of two or more
of the following:
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Sink (other than that associated with a bathroom);
2. Food storage and preparation areas;
3. Refrigerator (of no more than six cubic feet capacity);
4. Wine cooler (of no more than six cubic feet capacity);
Under counter ice maker;
6. Microwave oven; or
7. Hot plate.
W
Other cooking appliances, including a stove, convection oven, cooking burners, or similar
larger appliances that reasonably may be used for the preparation of food are not permitted
as part of a wet bar. A wet bar may be classified as a kitchen if the Director determines that
the wet bar is in a portion of the house with a separate access to exterior of the building
that has the potential for conversion into a separate dwelling unit.
Width. The distance between the side property lines of a site measured in the mean
direction of the front and rear property lines at the front setback line of the site.
Wildlife habitat. Any area of land or water valuable or necessary to the preservation or
enhancement of the wildlife resources of the Tiburon Peninsula.
Wireless communication facility (WCF). A facility that transmits and/or receives
electromagnetic signals, including without limitation, antennas, microwave dishes, satellite
dishes, radio, TV transmitter and broadcasting station, and other types of equipment for the
transmission or reception of such signals, monopoles or similar structures supporting the
equipment, equipment building, shelters, cabinets, parking area, and other accessory
construction. Including amateur and professional facilities.
1. Antenna. Any device or system of devices, such as poles, panels, rods, reflecting
discs, or similar or other objects, used for the transmission or reception of
electromagnetic signals, including but not limited to radio waves and microwaves.
2. Antenna, amateur radio. A ground-, building-, or tower-mounted antenna
operated by a federally licensed amateur radio operator as part of the Amateur
Radio Service and as designated by the Federal Communications Commission
(FCC).
3. Antenna, building-mounted. An antenna or antenna structure mounted on a
building or rooftop, including a water tank.
4. Antenna, direct broadcast satellite service (DBS). An antenna, usually a small
home receiving dish, designed to receive direct broadcast from a satellite.
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W
5. Antenna, ground-mounted. Any antenna or antenna structure that is not mounted
on a building or rooftop, and usually anchored directly to the ground.
6. Antenna, multipoint distribution services (MDS). An antenna designed to
receive video programming services via multipoint distribution services, including
multipoint multichannel distribution services, instructional television fixed
services, and local multipoint distribution services.
7. Antenna, reception window. The area within the direct line between a satellite
antenna and orbiting communications satellites transmitting signals.
8. Antenna, satellite. Any antenna used to receive and/or transmit radio or television
signals from orbiting communications satellites.
9. Antenna, satellite earth station (SES). An antenna designed to receive and/or
transmit radio frequency signals directly to and/or from a satellite.
10. Antenna, television broadcast service (TVBS). An antenna designed to receive
only television broadcast signals.
11. Antenna structure. An antenna and its associated support structure, such as a
mast or tower (but not to include a suspended simple wire antenna) that is used for
the purpose of transmitting and/or receiving electromagnetic signals, including but
not limited to radio waves and microwaves.
12. Antenna structure, freestanding. An antenna structure or mast that is not
attached to a building, fence, or other such structure. Freestanding antenna
structures include communications towers, wooden utility poles, standard or
decorative concrete, and steel monopoles. If the total height of the structure,
including the antenna, exceeds fifteen feet, it shall be treated as a monopole.
13. Antenna structure, monopole. A ground-mounted antenna structure, often
tubular in shape, made of metal, reinforced concrete, or wood, which exceeds
fifteen feet in height.
14. Electromagnetic field (EMF). A field of radiation produced by all
electromagnetic waves, from gamma rays to radio waves. The EMF produced by
wireless communication facilities is radio frequency (RF) radiation.
15. Related equipment. All equipment appurtenant to the transmission and/or
reception of voice and data via radio frequencies. Such equipment may include, but
is not limited to, cable conduit and connectors, equipment pads, equipment
shelters, cabinets, buildings, and access ladders.
16. Satellite dish. See "Satellite antenna" under "Antenna, satellite."
17. Visually inevident. That any component of a WCF, while possibly visible to a
person with normal vision from street level, is such that it is not visually
distinguishable as an antenna or other components of a WCF due to sufficient
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camouflage, design, screening, building or architectural integration, or other
factors.
18. Wireless communication facility--co-located. A wireless communication facility
comprised of a single telecommunication tower or building supporting one or more
antennas or similar devices owned or used by more than one public or private
entity.
19. Wireless communication facility--shared location. More than one
telecommunications facility comprised of multiple antenna structures and other
structures used for the support of antennas operated by one or more carriers where
such antenna structures and other structures are located on the same lot or parcel.
20. Wireless communication facility standards. A set of standards, adopted by
resolution of the Town Council, applying generally to review of applications for
wireless communication facilities.
X. Definitions, "X."
No specialized terms beginning with the letter "X" are defined at this time.
Y. Definitions, "Y."
Yard. An open area on the same site as a main building, unoccupied and unobstructed
from the natural ground upward except as otherwise provided in this Zoning Ordinance,
including a front yard, side yard, rear yard, or unobstructed area between structures. See
also "Setback," and Section 16-30.030 (Setback Requirements and Exceptions). See Figure
10-5.
1. Front Yard or Setback. An area extending across the full width of a lot, the depth
of which is the minimum distance separating the front line (as defined herein) and
the main building on the lot.
2. Rear Yard or Setback. An area extending across the full width of a lot, the depth
of which is the minimum distance separating the rear lot line (as defined herein)
and the main building on the lot.
3. Side Yard or Setback. An area from the rear to the front yard of the lot, the width
of which is the minimum distance separating the side lot line (as defined herein)
and the main building on the lot.
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i Rearyard
I-----------
i
I 1€ I ~
I 1 t
Side yard r Side yard
r---------...~--.,
i
Front yard
1
I
j
Front lot line
Figure 10-5 - Yards
Z. Definitions, "Z."
Z
Zone. An area within which certain uses of land and buildings are permitted and certain
others are prohibited, yards and other open spaces are required, lot areas, building height
limits, and other requirements are established.
Zoning map. The map entitled, "Town of Tiburon Zoning Map" (see Section 16-14.020
[Zoning Map]).
Zoning Permit. Any permit required by the terms of this Zoning Ordinance.
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