The provisions of division 16-50 provide procedures and requirements for the preparation, filing, and initial processing of the zoning permit applications required by this zoning ordinance.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

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

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S., § 2(P), 8-15-2012; Ord. No. 555 N.S., § 2(B)(Exh. B), 2-18-2015; Ord. No. 558 N.S., § 2(D), 6-3-2015; Ord. No. 562 N.S., § 2(A)(Exh. B), 11-18-2015; Ord. No. 568 N.S., § 2(B), 2-1-2017; Ord. No. 605 N.S, § 9, 6-21-2023)

A.

Application procedures.

1.

Applications for permits governed by this zoning ordinance shall be made on forms furnished by the planning division. The owner of the property for which any application is submitted, or the agent or authorized representative of the owner, shall file the application with the division. Potential applicants are encouraged to consult with division staff prior to application.

2.

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

3.

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

B.

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

C.

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

D.

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

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

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 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.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Determination of completeness. For development applications, the town shall determine whether an application is complete or incomplete within thirty days following its receipt by the town. The determination of completeness shall be based upon a list of submittal requirements for each application available from the planning division. Applications that are deemed complete shall be processed, and a decision issued, within the time limits specified in Section 65940 of the California Government Code, where applicable. The town may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application, even after it is deemed complete.

B.

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

C.

Appeal of determination of completeness. Pursuant to Government Code Section 65943, any applicant may file a written appeal of the director's determination on completeness of an application to the planning commission, whose decision shall be final. The planning commission shall hear and render a written decision on the appeal within sixty calendar days of the appeal filing, unless the town and applicant have mutually agreed upon a time extension. The filing fee for the appeal shall be collected as part of the application fee charged for the permit.

D.

Hearing. Upon receipt of a complete application for which a hearing is required, the director shall set a reasonable time and place for a hearing before the appropriate review authority and the hearing shall be held in compliance with the procedures and requirements set forth in this article.

E.

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

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

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.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

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 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.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)