A.

Purpose. The provisions of division 16-52 provide procedures for the final review and approval or denial of the zoning permit applications and other review requirements established by this zoning ordinance.

B.

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

C.

Applicability. The provisions of division 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; and

7.

Tidelands permit.

D.

Subdivision review procedures.

1.

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

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).

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

A.

Purpose. The purpose of site plan and architectural review is to ensure that the design of proposed construction and new land uses assists in maintaining and enhancing the town's distinctive character. The site plan and architectural review process:

1.

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

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;

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 of material and is not otherwise an obvious and integral part of a larger project such as, but not limited to, a new structure or addition to an existing structure that would require a permit under this section.

5.

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

6.

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

7.

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

8.

Sports court features, which include fences over forty-two inches in height, exterior lighting poles or mounts over forty-two inches in height, and nonportable (i.e. fixed in place) basketball standards or other similar structures;

9.

Demolition of an existing main building on a lot and demolition of any structure on a property listed on a local historic inventory or eligible for listing on a state or federal historic registry.

C.

Application and information required. Application shall be made in compliance with the provisions of section 16-50.030 (application preparation and filing). Information and materials necessary to adequately describe the proposed project, as appropriate to the proposed size, scale, and nature of the project, and as deemed necessary by the director, shall accompany each application. Lists of information and materials that are typically required for a complete application are available in the planning division.

D.

Notices. The director shall mail courtesy (i.e., not required by state or local law) notices of all applications for site plan and architectural review to owners of property, as shown on the latest equalized Marin County assessment roll, located within three hundred feet of the subject property. Courtesy notices for minor alteration projects as set forth in subsection F. may be mailed only to contiguous property owners, but may include other property owners as determined by the director. Failure of any party to receive a courtesy notice shall not invalidate the proceedings. Notices shall not be mailed for projects approved in accordance with subsection G., below.

E.

Design review board as review authority.

1.

The design review board (board) shall be the review authority for all applications for site plan and architectural review, except as otherwise provided in subsection F. meetings and actions of the review authority shall be as set forth in division 16-64 (public hearings).

2.

The review authority 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 public comment and on-site inspections as the review authority may deem appropriate, whether the proposed use and structures will further the purpose set forth in subsection 16-52.020A. and satisfy the applicable criteria of subsection 16-52.020H., and shall, upon making affirmative findings, approve the application.

3.

If the review authority finds, based on evidence in the record, that the project would be contrary to the purpose herein, or would not meet the applicable criteria herein, it shall deny the application or approve it subject to specified conditions or modifications.

4.

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

F.

Director as review authority on applications for minor alteration project. Site plan and architectural review applications for the following items are considered to be minor alterations and may be acted upon by the director in lieu of the design review board:

1.

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

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, but not limited to, windows, decks, skylights, awnings, satellite dishes, fire pits and similar items as determined by the director in his reasonable discretion;

5.

Reroofs;

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;

10.

Demolition of an existing main building on a lot and demolition of any structure on a property listed on a local historic inventory or eligible for listing on a state or federal historic registry;

11.

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

12.

Other minor applications that the director determines to be appropriate for staff action.

G.

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

H.

Guiding principles in the review of applications. In reviewing applications for site plan and architectural review, the review authority shall determine whether the project meets the applicable criteria below, as well as any other guidelines that the town council may have adopted to govern site plan and architectural review.

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

8.

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

9.

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

10.

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

11.

Green building. The project design includes features that foster renewable energy and/or resource conservation.

12.

Conformance with zoning requirements. All modifications and site improvements shall conform with the setback, parking, and height requirements established for each zone by article II (zones and allowable land uses), and with any special requirements including recycling (see Municipal Code chapter 16C [recyclables collection area]) and screening guidelines established for specific uses by this zoning ordinance.

I.

Floor area ratio guidelines.

1.

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

The floor area ratio (FAR) guideline is intended to discourage overbuilding of property, as often occurs with "tear-downs" and extensive remodel/additions on infill sites, and with first-time residential construction. The floor area ratio guideline for a lot is not intended as a target to be achieved, but is intended to indicate a reasonable maximum. The town may authorize less than the maximum square footage indicated by the floor area ratio guideline when necessary to achieve compatibility with surrounding development, to maintain the neighborhood character, or for other good cause.

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) and multi-family residential zones (R-3 and RMP) are shown in Table 5-2 below.

Table 5-2 Floor Area Ratio Guidelines

a.

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

(1)

Example No. 1. A seven-thousand-four-hundred-square-foot lot generally could achieve a reasonable size and scale of residential construction with a maximum of two thousand five hundred ninety square feet (.35 x 7,400) of gross floor area, not including up to four hundred fifty square feet of garage or carport.

(2)

Example No. 2. A ten-thousand-square-foot lot generally could achieve a reasonable size and scale of residential construction with a maximum of three thousand square feet ((.10 x 10,000) + 2,000) of gross floor area, not including up to six hundred square feet of garage or carport.

(3)

Example No. 3. A twenty-thousand-square-foot lot (approximately half-acre) generally could achieve a reasonable size and scale of residential construction with a maximum of four thousand square feet ((.10 x 20,000) + 2,000) of gross floor area, not including up to six hundred square feet of garage or carport.

(4)

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

(5)

Example No. 5. A sixty-thousand-square-foot lot (and any lot larger in size) generally could achieve a reasonable size and scale of residential construction with a maximum of eight thousand square feet of gross floor area, not including up to seven hundred fifty square feet of enclosed garage space, provided that the lot is at least sixty thousand square feet in area.

4.

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

a.

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

b.

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

J.

Design review guidelines. In reviewing applications for discretionary review for site plan and architectural review, the review authority shall also apply goals and principles, as appropriate to the project, set forth in the Hillside Design Guidelines, Downtown Tiburon Design Handbook, and any other guidelines adopted by council, copies of which are available from the planning division.

K.

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

1.

Remodel applications for site plan and 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, 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 fifty percent 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 fifty percent 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 applicable zoning permit approvals shall become null and void. The applicant shall be required to resubmit applications for zoning permit approval as a new construction project. The director shall have authority to waive this requirement in cases where the public safety and necessity require the additional demolition, or in de minimis cases.

L.

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

1.

Applicants shall be required to erect story poles for all minor alteration projects (site plan and architectural review) applications that involve modifications that would materially increase the height, location or visual mass of the roof of a structure.

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.

M.

Staff conformance check. Following site plan and architectural review approval, upon submittal by the applicant for a building permit, the director shall review the building permit submittal for substantial conformance with the site plan and architectural review approval. No building permit shall be issued until such conformance has been demonstrated. Determinations of substantial conformance are ministerial in nature and not subject to appeal.

N.

Appeals. Decisions of the review authority on applications for site plan and architectural review may be appealed as provided in division 16-66 (appeals), except that an appeal of a director's decision pursuant to subsection 16-52.020.F. must be appealed within five business days of the decision.

O.

Expiration of site plan and architectural review approval. Site plan and architectural review approval shall expire and become null and void three years after the date of approval unless a building permit has been issued before the date of expiration, or in the event no building permit is required, construction is complete. No time extensions are permitted.

Exception: The expiration date of any site plan and architectural review permit that has been approved and has not expired prior to May 20, 2011, shall be extended by one calendar year.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 524 N.S., § 1B, 3-2-2011; Ord. No. 526 N.S., § 2, 4-20-2011; Ord. No. 541 N.S., §§ 2(Q)—(S), 8-15-2012; Ord. No. 548 N.S, § 2(F)—(H), 3-5-2014; Ord. No. 554 N.S., §§ 2(D)—(F), 2-18-2015; Ord. No. 577 N.S., § 2(C), 5-16-2018; Ord. No. 593 N.S., § 2, 1-19-2022; Ord. No. 605 N.S, § 10, 6-21-2023)

A.

Purpose and authorization.

1.

Where a strict or literal interpretation and enforcement of certain requirements herein would cause practical difficulties or unnecessary physical hardships inconsistent with the objectives herein, the design review board and planning commission are empowered to grant variances according to their respective permit review authority. (See sections 16-60.020 [design review board] and 16-60.030 [planning commission]).

2.

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

3.

The review authority may grant variances to the regulations prescribed by this zoning ordinance, in compliance with the procedures prescribed in this section, with respect to fences, walls, screening, landscaping, site area, width, setbacks, coverage, height of structures, distances between structures, usable open space, off-street parking and off-street loading, frontage on a public street or other quantitative standard. Use variances are prohibited.

4.

When a proposed project requires the granting of a variance or variances in conjunction with another entitlement, the review authority shall review both simultaneously and shall attempt to eliminate the need for a variance by reasonable modifications to the project.

B.

Application and fee. The application for a variance shall be made in compliance with the provisions of section 16-50 (application filing and processing). The application shall be accompanied by the required fee.

C.

Information required. Lists of information and materials which are normally necessary for a complete variance application are available from the planning division. The director may require additional information, plans, drawings, or other documents if needed to enable a determination as to whether the circumstances prescribed for the granting of a variance or variances exist, or to assist in making the findings prescribed in subsections E. and F.

D.

Public hearing and notice required. A public hearing as prescribed in section 16-64 (public hearings) shall be held to consider every application for a variance. Notice shall be given in compliance with Government Code Section 65091 and as otherwise required in section 16-64.030 (notice of hearing).

E.

Findings by review authority. In order to approve or conditionally approve an application for a variance, the review authority shall, on the basis of the application and the evidence submitted, make all of the following findings:

1.

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

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.

F.

Findings for variances from off-street parking or off-street loading regulations.

1.

In addition to making the findings required by subsection E., above, where the application is for a variance from regulations for off-street parking or off-street loading, the review authority shall also make the following findings:

a.

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

b.

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

c.

Granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this zoning ordinance.

2.

In compliance with Government Code Section 65006.5, a variance may be granted from parking requirements in order that some or all of the required parking spaces be located offsite or that in-lieu fees be provided instead of the required parking spaces, if both the following conditions are met:

a.

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

b.

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

G.

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

H.

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

I.

Expiration of variance.

1.

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

2.

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

J.

Cause and procedure for revocation. Upon written notice to the holder of a variance, and a public hearing, the review authority may revoke or modify any variance, on any one or more of the following grounds:

1.

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

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.

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

A.

General. The planning commission may grant a conditional use permit to authorize a specific use and/or structure devoted to such use on a specific lot within a zone where such use and/or structure is allowed as a conditional use. The procedures and requirements set forth herein, together with any other provisions in this zoning ordinance concerning the specific conditional use, shall govern the granting or denial of a conditional use permit.

B.

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

1.

Determine whether the location proposed for the conditional use is properly related to the development of the neighborhood or vicinity as a whole;

2

Determine whether the location proposed for the particular conditional use would be reasonably compatible with the types of uses normally permitted in the surrounding area;

3.

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

4.

Stipulate such conditions and requirements as would reasonably assure that the basic purposes of this zoning ordinance and the objectives of the general plan would be served; and

5.

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

C.

Applicability. Uses listed as allowed by a conditional use permit, and the similar or accessory uses which, in the opinion of the director conform to the purposes of such zone, are not permitted in such zone unless a conditional use permit has been granted.

D.

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

1.

The relationship of the location proposed to:

a.

The service or market area of the use or facility proposed;

b.

Transportation, utilities, and other facilities required to serve it; and

c.

Other uses of land in the vicinity.

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;

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; and

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.

6.

The contribution that the proposed use would make to sustaining and improving the economic vitality and vibrancy of Tiburon, including encouraging resident-serving or tourist-serving uses in appropriate areas and uses that promote pedestrian activity.

E.

Condominium use permits. See subsection 16-52.050.B (condominium use permit required).

F.

Application and fee. Application for a conditional use permit shall be made in compliance with the provisions of division 16-50 (application filing and processing), and shall be accompanied by the appropriate fee.

G.

Information required. Lists of information and materials that are normally necessary for a complete conditional use permit application are available from the planning division. The director may require additional information, plans, drawings, or other documents if needed to assist in making an informed decision on the application.

H.

Public hearing required—Notice. A public hearing as prescribed in division 16-64 (public hearings) shall be held to consider every application for a conditional use permit. Notice shall be given in compliance with Government Code Section 65091, and as otherwise required by section 16-64.030 (notice of hearing).

I.

Action by planning commission.

1.

All actions of the commission relating to the findings and decision shall be made by resolution, which shall contain the findings of the commission relative to the considerations outlined in subsections B. and D., above, and any conditions to be imposed on the conditional use permit. The resolution making such findings may do so in general terms by stating that the commission finds the matters set forth in subsection B. and D. to be true.

2.

If the commission is unable to make the findings required above, the commission shall deny the conditional use permit application.

J.

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

1.

Special setbacks, open spaces and buffers;

2.

Fences and walls;

3.

Surfacing of parking areas and specifications therefore;

4.

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

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; and

14.

Such other conditions as will make possible the development of the town in an orderly and efficient manner and in conformity with the interest and purposes set forth in this zoning ordinance and the general plan.

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

K.

Off-street parking and loading requirements. The requirements for provision of 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.

L.

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

M.

Appeals. The action of the commission may be appealed in compliance with the provisions of division 16-66 (appeals).

N.

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

O.

Issuance of conditional use permit. An application for conditional use permit approved by the review authority will become effective only after the expiration of the appeal period provided by this zoning ordinance.

P.

Expiration of conditional use permit.

1.

Conditional use permits issued in compliance with this section shall expire and become null and void two years after their effective date unless the authorized use has been commenced or an extension has been granted. Subsequent approval of a site plan and architectural review permit in reliance on the conditional use permit approval shall automatically extend the lifetime of the conditional use permit coterminous with the expiration of the site plan and architectural review permit.

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.

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.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 548 N.S, § 2(I), 3-5-2014; Ord. No. 564 N.S., § (O), 4-6-2016; Ord. No. 577 N.S., § 2(D), 5-16-2018)

A.

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

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

B.

Condominium use permit required. No subdivision map for the construction of, or conversion of any structure to, a condominium, as that term is defined herein, shall be approved, and no building permit for any condominium shall be issued, until a condominium use permit has been issued by the review authority.

In the case of new construction and/or exterior remodeling of units to be offered for sale as condominiums, the application for permit shall first be referred to the design review board for its analysis and recommendations in compliance with the pertinent provisions of section 16-52.020 (site plan and architectural review).

C.

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

1.

The review authority finds that the application conforms to the general plan;

2.

The review authority finds that the condominium project meets all standards of 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;

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.

D.

Permit applications and procedure. Applications for, and processing of, condominium use permits shall be governed by the provisions of section 16-52.040 (conditional use permit). All associated variances sought for new or existing structures in relation to condominium use permits shall be acted upon by the review authority.

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

1.

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

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;

3.

A report by a qualified acoustical consultant that the sound transmission requirements of the current town-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; and

10.

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

E.

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

1.

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

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 within thirty days of written demand. Upon failure by the association to pay within said thirty days, the town 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 is not required to take any affirmative action, and any action undertaken by the town 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, 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, 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 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 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 Municipal Code or any other applicable law.

7.

The town council may, at anytime, relinquish its rights and interest in the project as herein set forth by appropriate resolution. Any such relinquishment by the town council shall be effective on the date that the resolution is adopted and a copy thereof is placed in the United States mail, postage prepaid, addressed to the association.

8.

The association shall execute and record a declaration reflecting such relinquishment within ten days of receipt of a copy of the resolution.

The above eight subsections cannot be amended or terminated without the written consent of the town.

F.

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

1.

Copy of applicant's proposed application for subdivision permit, in the event a permit is required, from the California State Department of Real Estate;

2.

Proposed sale price of each unit; and

3.

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

G.

Special considerations relating to condominium use permits.

1.

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

2.

In granting any condominium use permit, the review authority may impose such conditions as it may deem necessary to accomplish the purposes herein.

H.

Expiration of condominium use permit.

1.

Condominium use permits issued in compliance with this section shall expire and become null and void two years after their effective date unless the authorized use has been commenced or extension has been granted. Subsequent approval of a tentative or vesting tentative subdivision map in reliance on the condominium use permit shall automatically extend the lifetime of the condominium use permit coterminous with the expiration of the tentative or vesting tentative subdivision map.

2.

For good cause, an extension of the expiration date of the condominium 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.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 577 N.S., § 2(E), 5-16-2018)

A.

Applicability.

1.

A precise development plan is required in all RPD and RMP zones prior to subdivision, grading, or the making of improvements of any kind.

2.

For all development projects that require the division of a lot or parcel, the filing and processing of the subdivision application shall not occur until after the precise development plan, if one is required, has been approved by the review authority as provided in this section.

B.

Purpose. The purposes of the precise development plan are:

1.

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

2.

To demonstrate consistency of a development proposal with the goals and policies of the general plan; and

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.

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;

(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; and

(8)

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

d.

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

e.

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

(1)

Springs, streams, watercourses, drainageways, ponds, or other water areas;

(2)

Rare or endangered plant or animal species (survey may be required);

(3)

Rare or endangered animal habitat areas (survey may be required);

(4)

Areas of riparian vegetation;

(5)

Archeological or paleontological resources (survey may be required);

(6)

Rock outcroppings;

(7)

Existing trails;

(8)

Existing trees with trunks greater than twenty inches in circumference at a point two feet above ground level;

(9)

Knolls, ridges, or other places on-site from which view corridors or vistas are available; and

(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; and

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 nonresidential buildings, if any;

h.

A description (with graphics) of provisions for storm drainage, sewage, 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;

l.

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

m.

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

n.

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

o.

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

p.

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

q.

A preliminary vegetation management plan conforming to fire district regulations.

3.

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

4.

Other. Such other information as the director may reasonably require.

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

D.

Precise development plan procedure. Applications for precise development plan shall be reviewed by the commission, which after holding at least one public hearing, shall forward its recommendation by resolution to the council. The council shall consider the recommendation of the commission, and after holding at least one public hearing, shall take final action on the application. Final action shall be by resolution of the council. Approval of a precise development plan is a legislative action by the town, and as such shall not be effective until thirty days after adoption of the resolution by the council.

E.

Principles. Principles to be applied in making a determination to approve, deny or modify an application for precise development plan approval are as follows:

1.

Significant open space shall be permanently preserved, through dedication or other means acceptable to the town, consistent with policies of the general plan open space and conservation element.

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.

3.

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

4.

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

5.

Location of development well below ridgelines shall be achieved, in compliance with the general plan and other town policies.

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

13.

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

14.

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

15.

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

16.

Consistency with other goals and policies of the general plan elements shall be demonstrated.

F.

Expiration of precise development plan. Any precise development plan approval shall expire and become null and void unless one of the following happens within thirty-six months after its effective date:

1.

A tentative subdivision map is approved consistent with the approved precise development plan;

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).

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.

G.

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

H.

Amendment. Amendments to an adopted precise development plan shall be processed using the same procedure as described in subsection D. (precise development plan procedure) pertaining to original adoption, except that in cases where the commission votes to deny an application for precise development plan amendment, then the action of the commission shall be final, and no action of the council shall be required. Decisions of the commission may be appealed as provided in division 16-66 (appeals).

I.

Moratorium.

1.

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

2.

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

J.

Exemption from requirements of precise development plan.

1.

The director may waive the requirements of a precise development plan, or various parts thereof, where the requirements are, in whole or in part, deemed inappropriate or inapplicable. Any such waiver shall be confirmed by the commission.

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.

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

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 review is strongly recommended when significant deviations from town policies or regulations are anticipated in a development project.

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 that may be acceptable to the community and the town; and

5.

To establish an informational foundation for any subsequent precise development plan submittal.

B.

Contents. The conceptual master plan package shall consist of the following information and materials, details of which are further described in section 16-52.060 (precise development plan) but which excludes detailed engineering or other detailed information that is not necessary or is premature for evaluation of the conceptual master plan, as determined by the director:

1.

A topographic map;

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;

8.

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

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; and

15.

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

C.

Procedure.

1.

Once the director has determined that the appropriate materials have been submitted, an advisory agency meeting will be scheduled to discuss the proposal. This meeting would typically involve the fire district, town engineer, public works department, planning division, and other affected agencies.

2.

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

3.

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

D.

Fees. Fees for the conceptual master plan shall be one-half of those established by the town for precise development plan applications.

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

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.

B.

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

C.

Requirements. A tidelands permit is required for all grading and/or construction on land and/or water areas within the town's jurisdiction that are located in the M zone, and includes all submerged land, and partially submerged land up to the mean high tide line on the property, utilizing North American Vertical Datum (1988) for elevation data, unless 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 is minor and incidental and without significant environmental impact. Otherwise, the application shall be referred to the commission for consideration with a conditional use permit (section 16-52.040). The director may refer any application for tidelands permit to the planning commission.

G.

Notices. The director shall mail courtesy (i.e., not required by state or local law) notices of all applications for a tidelands permit to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, 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.

H.

Expiration. A tidelands permit shall expire and become null and void three years after its effective date, unless vested. No time extensions are permitted.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S., §§ 2(T), (U), 8-15-2012; Ord. No. 577 N.S., § 2(F), 5-16-2018)

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:

1.

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

2.

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

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.

5.

Temporary tents. A temporary tent not exceeding five hundred square feet in area, for private recreational or promotional use, may be approved on a residential or commercial property for a time period not to exceed five calendar days.

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 subsection 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 division 16-66 (appeals). The decision of the planning commission shall be final.

D.

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

1.

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

2.

Time limits. The notice of action for any approved temporary use permit shall specify the permit duration.

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.

E.

Notices. The director shall mail courtesy (i.e., not required by state or local law) notices of all applications for temporary use permit to owners of property, as shown on the latest equalized Marin County assessment roll, located within three hundred feet of the subject property. Failure of any party to receive a courtesy notice shall not invalidate the proceedings.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S., §§ 2(V), (W), 8-15-2012)

The purpose of this chapter is to provide for the creation of accessory dwelling units and junior accessory dwelling units in a manner consistent with state law. The purpose for the Town of Tiburon is to expand the opportunity to provide a variety of housing opportunities, while still preserving the character of the town.

A.

Definitions

1.

"Accessory Dwelling Unit" ("ADU") shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing dwelling. It shall include permanent provision for living sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is or will be situated. It also includes an efficiency unit and manufactured homes (as defined in Section 18007 of the Health and Safety Code).

2.

"Junior Accessory Dwelling Unit" ("JADU") shall mean a unit that is no more than five hundred square feet in size and contained entirely within a single-family structure. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. 3. "Internal Accessory Dwelling Unit" ("Internal ADU") means an ADU that is contained within the existing space of a single-family residence or accessory structure, has independent exterior access, and does not add any floor area to an existing structure, and is over five hundred square feet in size. An Internal ADU may have internal access to the primary dwelling.

4.

"Attached Accessory Dwelling Unit" ("Attached ADU") means an ADU that shares a common wall with the primary dwelling unit on the lot, either by being constructed as a physical expansion (i.e., addition) of the primary dwelling unit, conversion of an existing garage attached to the primary dwelling, or installation of a new basement underneath an existing primary dwelling unit.

5.

"Detached Accessory Dwelling Unit" ("Detached ADU") means an ADU that is constructed as a separate structure from the primary dwelling unit on the lot or is created by the conversion (full or partial) of an existing detached accessory building into an accessory dwelling unit.

6.

"Accessory Structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

7.

"Efficiency Unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

8.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

9.

"Major transit stop" as defined in Section 21155 of the Public Resources Code, is

a.

A high-quality transit corridor with fixed route bus service with service intervals no longer than fifteen minutes during peak commute hours.

b.

A major transit stop included in the Bay Area Regional Transportation Plan.

c.

The intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods.

d.

A ferry terminal served by either a bus or rail transit service.

e.

An existing rail or bus rapid transit station.

10.

"Multifamily, multistory dwelling" means a building containing three or more dwelling units.

11.

"Objective Development standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (See Objective Development Standards table for accessory dwelling in Section B of this Chapter).

12.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

13.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

14.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

B.

Administration. This section provides for the establishment and reasonable regulation of ADUs and JADUs in order to encourage housing opportunities for all segments of the population while ensuring the public health safety and welfare of the town.

1.

Application and fee. Applications for an ADU shall be processed ministerially and shall be accompanied by the appropriate fee. ADU shall be permitted through issuance of a building permit.

2.

ADUs are permitted in single and multi-family zoned lots, and JADUs are permitted in single-family zoned lots.

3.

Director of community development or designee as review authority and review process. Building permit applications for ADUs shall be acted upon by the director of community development or designee ministerially without discretionary review or a public hearing. The building permit application shall be approved or denied in writing within sixty days from receipt of a completed application and if not acted upon within that timeline the application shall be deemed approved. The director of community development or designee shall approve the application if the application meets all the requirements and standards of this Chapter. The director of community development or designee shall deny the application if he or she determines that the application does not meet all of such requirements. The community development director or designee's denial shall include a full set of comments to the applicant with a list of defective or deficient items and a description of how the application can be remedied by the applicant. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay. A courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the director.

4.

Approved existing ADUs remain valid. Any secondary dwelling unit legally established with an approved conditional use permit prior to July 1, 2003, and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary dwelling units established by any such conditional use permit shall continue to comply with all conditions of original permit approval, and with building code for secondary dwelling units in effect at the time of permit approval. The town shall not require the correction of any nonconforming zoning condition as a condition of approval for an ADU

5.

Unpermitted ADUs and JADUs. Any permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, shall not be denied due to the ADU or JADU's violation of building standards or its noncompliance with this Chapter unless it is deemed substandard pursuant to Section 11720.3 of the Health and Safety Code.

a.

Prior to Submission, Prior to submission of an ADU or JADU application, the director of community development or designee shall inform homeowners that they may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit. The total area of floor space shall not exceed eight hundred fifty sq. ft. when there is only one bedroom, on a lot smaller than ten thousand sq. ft.

b.

A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 1790.3 of the Health and Safety Code and when such a fee is authorized by Chapter 16-52.100(C)(19).

c.

Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with the standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the Town shall not penalize an application for having an unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.

6.

Expiration. ADU permits issued in compliance with this section shall expire and become null and void eighteen months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division.

7.

Periodic update. The director shall maintain a record of all legal ADUs and all legal secondary dwelling units and shall review and update the record every two years.

8.

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 Chapter 31 (enforcement of code).

9.

Administrative Review. If the ADU meets the objective design standards outlined in section B of this Chapter, the decision of the director granting or denying an ADU permit is a ministerial decision as required by state law, and not subject to a public hearing.

10.

Structures beyond ADU or JADU. Any proposed exterior improvement or structures beyond the proposed ADU or JADU shall comply with the standards under TMC 16-52.020. Ministerial review is only applicable for the structure of the ADU.

a.

Roof Decks. Roof Decks shall not be permitted under the ADU ministerial review process. Roof Decks are subject to the standards outlined under TMC 16-52.020.

11.

Density. Pursuant to California Government Code Section 66319, no ADU approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the land use element of the Tiburon General Plan, and ADUs are deemed a residential use that is consistent with the existing general plan and zoning for the lot.

C.

ADU Development Standards.

1.

Guaranteed Allowance. Maximum floor area, floor area ratio, and open space standards shall not prohibit an ADU with at least an eight hundred square feet of floor area, a height not to exceed the limits established by Section 16-52.100(B)(7) of this Chapter, and four-foot side and rear yard setbacks.

2.

Size. The total floor area of an attached or detached ADU shall be as follows:

a.

The total area of floor space shall not exceed eight hundred fifty sq. ft. when there is only one bedroom, on a lot smaller than ten thousand sq. ft.

b.

The total area of floor space shall not exceed one thousand sq. ft. when there is more than one bedroom.

c.

For lots greater than ten thousand sq. ft, the total floor space shall not exceed one thousand sq. ft.

d.

For ADUs which exceed the maximum size of one thousand square feet, a Site Plan and Architectural Review will be required as well as a building permit, if approved. As part of this review, the ADU shall comply with all regulations set forth within the land use designation.

3.

Exterior Access. ADUs shall have independent exterior access separate from the primary dwelling.

4.

Setback. Minimum setbacks of attached and detached ADUs shall be:

a.

Four-foot side- and rear-yard setbacks.

b.

A front setback must yield to the extent necessary to enable the construction of an eight hundred square foot ADU with four-foot side- and rear-yard setbacks.

5.

Height.

a.

A detached ADU shall not exceed a height of sixteen feet, except:

i.

A lot with an existing single-family residence, one half of a mile walking distance away from a major transit stop (as defined in Section 21155 of the Public Resources Code), may have a detached ADU up to a max height of eighteen feet. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

ii.

A lot with an existing or proposed multifamily, multistory dwelling unit shall not exceed a max height of eighteen feet.

b.

Any attached ADU shall not exceed twenty-five feet. This clause shall not require a local agency to allow an ADU to exceed two stories.

6.

Parking. One off-street parking space per ADU shall be required, unless the parking exceptions in Section 16-52.100(C)(7) of this Chapter apply.

7.

Parking exceptions. No parking shall be required of an ADU in any of the following instances:

a.

The ADU is located within one half of a mile walking distance of public transit, as measured along path of travel.

b.

The ADU is located within an architecturally and historically significant historic district.

c.

Where the ADU is part of the proposed or existing primary residence or an accessory structure.

d.

When on-street parking permits are required but not offered to the occupant of the ADU.

e.

When there is a car share vehicle located within one block of the ADU.

f.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this subdivision.

g.

When the existing floor area is converted to an accessory structure. This includes the conversion of an existing garage or carport.

8.

Projections into setbacks. The ordinary projection of sills, bay windows, cornices, architectural features, entry roofs and eaves may extend beyond the wall of the ADU and into the front, side and rear setbacks; provided, however, that none shall project into a minimum setback more than three feet.

9.

Lighting. Lighting shall be shielded and/or directed such that it does not produce glare visible from off-site or illuminate adjacent or nearby property.

a.

All proposed exterior lighting shall be shielded downlighting.

b.

All skylights shall be bronzed or tinted, and no lights shall be placed in or directed up into the wells.

10.

The ADU shall comply with the following architectural compatibility standards when the proposed new unit exceeds eight hundred square feet.

11.

Color and Materials. The color and materials of the ADU shall match the primary unit. Match shall mean to correspond with the primary unit in terms of color, texture, material and design, to a degree that a reasonable person would consider the replacement indistinguishable from the original when viewed at a standard viewing distance of six feet under normal lighting conditions.

12.

The ADU shall not have any reflective roof or building material.

13.

Historic Structures. No demolition of a historic building (Local, State, or Federal Listing) is allowed as part of the construction of an ADU.

14.

Trees with a circumference exceeding sixty inches, measured twenty-four inches above the ground level, oak trees, including coast live oak, blue oak, California black oak, interior live oak, canyon live oak, Engelmann oak or valley oak tree, or dedicated trees, which are removed to build an ADU, must be replaced with trees of equivalent size and species. All other trees shall continue to be governed by Chapter 15A of the Tiburon Municipal Code.

15.

Creek. The ADU shall be located at least ten feet from the top of any creek bank that exists on the lot of the proposed ADU. The top of creek bank shall be defined by a licensed civil engineer.

16.

Fire Sprinklers. Fire sprinklers are not required in an ADU if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required.

17.

Fire District Regulations. The ADU shall comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.

18.

Sanitary Service. Adequate sanitary service capacity for the additional increment of effluent resulting from the ADU shall be available. If the lot is connected to the public sewer system, the applicant shall submit a letter from the appropriate sanitary district to that effect. If the lot is not connected to the public sewer system, the applicant shall submit a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed ADU.

19.

Separate Utility Connection. New and separate utility connections shall be required directly between the ADU and the utility. Consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

20.

Exception. An ADU or JADU described in Government Code shall not require the applicant to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family dwelling.

21.

Premises identification. Any town-assigned street address number for the ADU shall be plainly visible and legible from the street fronting the property as required by the applicable building code.

22.

Rental and Sale. The ADU may be rented separate from the primary unit but may not be rented for a period of less than thirty consecutive days or used as a vacation rental. The ADU may not be sold separately from the primary unit unless the conditions in Section 66341 of the Government Code are met.

23.

Kitchen. The ADU shall have a permanent full kitchen with a sink, refrigerator, and stove/oven. Only one kitchen is allowed per ADU.

D.

JADU Development Standards.

1.

Maximum Size. JADUs shall be no greater than five hundred square feet in size and contained entirely within a single-family residence. The JADU may include an expansion of not more than one hundred fifty square feet beyond the physical dimensions as the existing accessory structure. The expansion shall be limited to accommodating ingress and egress.

2.

Location. No more than one JADU is permitted on a residential lot within an existing single-family structure. No setbacks apply to internal/JADUs.

3.

Kitchen. The JADU shall have a permanent efficiency kitchen with a sink, cooking facility with appliances that do not require electrical service greater than one hundred twenty volts, and a food preparation area that is of reasonable size in relation to the size of the unit. Only one kitchen is allowed per JADU.

4.

Sanitation facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. If a JADU unit does not include a separate bathroom, the JADU unit must include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

5.

Owner Occupancy. One of the dwelling units on the site (either the primary unit or the JADU) shall be owner-occupied. For purposes of this standard, "owner" is defined as a person or entity with a majority (i.e., fifty-one percent or greater) interest in the property. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. Owner occupancy shall not be required if the owner of the JADU is another governmental agency, land trust, or housing organization.

6.

Prohibition on sale. JADUs shall not be sold separately. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

7.

Rental. The JADU may be rented separate from the primary unit but may not be rented for a period of less than thirty consecutive days or used as a vacation rental. The JADU may not be sold separately from the primary unit.

8.

Fire Sprinklers. Fire sprinklers are not required in a JADU if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required.

E.

Ministerial Approval. Notwithstanding Sections 16-52.100(B) and 16-52.100(C) above, inclusive, the Town shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:

1.

One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:

a.

The ADU or JADU unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

b.

The space has exterior access from the proposed or existing single family dwelling.

c.

The side and rear setbacks are sufficient for fire and safety.

d.

The JADU complies with the requirements of Government Code section 66333 through 66339 as they may be amended.

2.

One detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection (a) of this section. An ADU permitted under this subsection is subject to the following conditions

a.

A total floor area limitation of not more than eight hundred square feet.

b.

A height not to exceed the height limitations in Section 16-52.100(C)(5) of this Chapter.

3.

Multifamily Dwelling ADUs. Multiple ADUs within the portions of existing multifamily dwellings structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

a.

One ADU within an existing multifamily dwelling shall be allowed and up to twnety-five percent of the existing multifamily dwelling units.

b.

On a lot with an existing multifamily dwelling, not more than eight ADUs that are detached from that multifamily dwelling and are subject to a height not to exceed the height limitations in Section 16-52.100(C)(5) of this Chapter and four-foot rear yard and side setbacks, provided, however, the number of detached ADUs shall not exceed the number of existing units on the lot.

c.

On a lot with a proposed multifamily dwelling, not more than two detached ADUs.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S., § 2(X), 8-15-2012; Ord. No. 568 N.S., § 2(C), 2-1-2017; Ord. No. 587 N.S., §§ 2, 3(Exh. A), 2-19-2020; Ord. No. 594 N.S., § 3, 2-16-2022; Ord. No. 603 N.S, §§ 2, 3, 6-7-2023; Ord. No. 608 N.S. , §§ 2, 3, 2-5-2025)

A.

Application and fee. Application for a home occupation permit shall be made in compliance with the provisions of division 16-50 (application filing and processing), and shall be accompanied by the appropriate fee. A home occupation permit is required for any use defined as a home occupation.

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.

4.

Firearms sales, as defined in article X (Definitions) of this chapter, are not permitted as a home occupation.

Home occupations may also include any other uses that may be determined by the review authority to be of the same general character as the above-allowed 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;

3.

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

4.

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

5.

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

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

D.

Referral. In his sole discretion, the director may refer any application for a home occupation permit to the planning commission for review and action.

E.

Appeals. Any person aggrieved by any decision of the director involving the approval, denial, or revocation of a home occupation permit, may appeal such decision to the planning commission in compliance with section 16-50.020 (authority for land use and zoning decisions) and section 16-66 (appeals). The decision of the planning commission on the appeal shall be final. Any person aggrieved by any decision of the planning commission involving the approval, denial, or revocation of a home occupation permit (except on appeal), may appeal such decision to the town council using procedures set forth in section 16-66 (appeals).

F.

Business license. A home occupation shall have a valid business license from the town.

G.

Expiration. A home occupation permit shall expire and become null and void one year after its passage if the use approved therein does not commence. Failure to annually renew the home occupation permit as set forth in subsection (H) shall cause the permit to expire.

H.

Annual renewal. A home occupation permit shall be subject to annual renewal. Said renewal may occur in conjunction with renewal of the associated business license.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S., § 2(Y), 8-15-2012; Ord. No. 548 N.S, § 2(J), 3-5-2014; Ord. No. 564 N.S., § (DD), 4-6-2016; Ord. No. 577 N.S., § 2(G), (H), 5-16-2018)