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TC Agd Pkt 2021-11-03
TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council November 3, 2021 Special Meeting – 4:45 P.M. Regular Meeting – 5:00 P.M. TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE Consistent with Government Code section 54953(e), the Town Council meeting will not be physically open to the public and all Council Members will be teleconferencing into the meeting. To maximize public safety while still maintaining transparency and public access, members of the public can access the meeting by following the meeting live at: Audio/Video Webinar: https://us06web.zoom.us/j/86483467543 Webinar ID: 864 8346 7543 Call-in Number: +1 669 900 6833 Access Code: 864 8346 7543 Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s website and to this agenda. Members of the public may provide public comment by sending comments to the Town Clerk by email at comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be distributed electronically to the Town Council and posted on the Town’s website. Comments received after the start time of the Council meeting, but prior to the close of public comment period for an item, will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the Town Clerk who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at www.townoftiburon.org. SPECIAL MEETING – 4:45 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier PRESENTATION P-1. Mayor’s Proclamation – The Bungalow Kitchen by Michael Mina Grand Opening ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATION P-1. California Senator McGuire – Senator McGuire will present on current activities at the State Senate and answer questions from the Council. P-2. Destination Tiburon- Tiburon Trolley CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. CC-1. Town Council Minutes – Adopt minutes for October 20, 2021 Town Council special and regular meetings (Department of Administrative Services) CC-2. Investment Summary – Adopt investment summary for month ending September 30, 2021 (Department of Administrative Services) CC-3. Teleconference Meetings – Adopt resolution that would allow the Town to continue to operate virtual board meetings in accordance with AB 361 (Department of Administrative Services) CC-4. Special Vacancy on Town Boards & Commissions – Announce special vacancy on the Heritage & Arts Commission (Department of Administrative Services) CC-5. 2022 Various Streets Project Design/Engineering – Award design contract for 2022 Various Streets Project to Pavement Engineering Incorporated (PEI) (Department of Public Works) ACTION ITEMS AI-1. Purchase & Sale Agreement – Consider approval of purchase and sales agreement to acquire real property owned by Richardson Bay Sanitation District for $600,000 and authorization of the Town Manager to execute the agreement (Office of the Town Manager) PUBLIC HEARINGS PH-1. 4916 Ranch Road – Consider adoption of an ordinance that would prezone four unincorporated parcels of property located near 4916 Ranch Road to Residential Open (RO-2) zone– Introduction and first reading of ordinance (Community Development Department) TOWN COUNCIL REPORTS TOWN MANAGER REPORT ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town’s website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON MAYOR’S PROCLAMATION WHEREAS, Mayor Holli P. Thier, J.D., and the Tiburon Town Council wish to honor and recognize the opening of The Bungalow Kitchen by Michael Mina; and WHEREAS, the Town wishes to thank award-winning Chef Michael Mina of San Francisco-based MINA Group, and hospitality veteran Brent Bolthouse, founder of The Bungalow Hospitality Group, for contributing to the revitalization of Tiburon by choosing to locate The Bungalow Kitchen by Michael Mina – a new social dining experience and lively community clubhouse in Tiburon; and WHEREAS, the Town wishes to acknowledge David Grieve and SG Ellison of AC Ventures work in re-imagining Tiburon and for being the catalyst that brought Michael Mina and Brent Bolthouse to the Tiburon dock four years ago, and helped them visualize the location for the amazing Bungalow Kitchen. NOW THEREFORE, I, MAYOR HOLLI P. THIER, J.D., on behalf of the Tiburon Town Council, do hereby designate Wednesday, November 3, 2021, as “Michael Mina and Brent Bolthouse Day” in the Town of Tiburon, and urge all residents to step out for a bite to eat at The Bungalow Kitchen. HOLLI P. THIER, J.D., MAYOR TOWN OF TIBURON Page 1 of 6 Tiburon Town Council Minutes #19-2021 DRAFT October 20, 2021 TOWN COUNCIL SPECIAL & REGULAR MEETINGS DRAFT MINUTES Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to be included in the public record for the meeting. SPECIAL MEETING – 4:00 P.M. Mayor Thier called the special meeting of the Tiburon Town Council to order at 4:00 p.m. on Wednesday, October 20, 2021. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: (One potential case) Claims filed by Yema Khalif and Hawi Awash on January 25, 2021, on file with the Town Clerk’s office INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS •Jacqueline Etemad, Marin Commission on Aging (1 vacancy) •Jane Gould, Marin Commission on Aging (1 vacancy) •Zoya Kogan, Marin Commission on Aging (1 vacancy) ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. Mayor Thier called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, October 20, 2021. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: One Vacant Seat PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, DR A F T CC-1 Page 2 of 6 Tiburon Town Council Minutes #19-2021 DRAFT October 20, 2021 Director of Administrative Services Creekmore, Associate Engineer Eshoo, Town Clerk Stefani ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY No reportable action. ORAL COMMUNICATIONS Eva Chrysante spoke and expressed disappointment about the recent Community Circles hosted by the Police Department. PRESENTATION P-1. Tiburon Peninsula Little League District 3 Champions – Present Mayor’s Proclamation to Tiburon Peninsula Little League Players. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for the October 1, 2021 Town Council special meeting (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for the October 6, 2021 Town Council special meetings (Department of Administrative Services) CC-3. Resolution – Adopt resolution recognizing the Tiburon Peninsula Chamber of Commerce Business of the Year (Department of Administrative Services) Councilmember Fredericks requested Consent Calendar Item No. CC-2 be removed for amendments. MOTION: To approve Consent Calendar Items No. 1 &3 , as written. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat CC-2. Town Council Minutes – Adopt minutes for the October 6, 2021 Town Council special meetings (Department of Administrative Services) MOTION: To adopt Consent Calendar Item No. 2, as amended. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat ACTION ITEMS DR A F T Page 3 of 6 Tiburon Town Council Minutes #19-2021 DRAFT October 20, 2021 AI-1. Appointments to Town Boards & Commissions – Consider making an appointment to the Marin Commission on Aging (Department of Administrative Services) MOTION: To appoint Jane Gould to the Marin Commission on Aging. Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier Welner ABSENT: One Vacant Seat AI-2. McKegney Green Use Policy – Consider revisions to the McKegney Green Use Policy as recommended by the Parks, Open Space and Trails Commission (Department of Public Works) Public comment was received by: Leonor Noguez, Lalita Waterman, and Rebeca Pringle all spoke in favor of the revisions but believed an annual review period was too often. Parks, Open Space and Trails Commissioner Chuck Hornbrook said the annual review period was meant to allow for changes to the policy based on feedback as needed. MOTION: To adopt the updated policy, as amended. Moved: Welner, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat AI-3. Tiburon Bike Path “Azulejos” Mural Project – Consider approval of public art project as recommended by the Heritage & Arts Commission (Department of Administrative Services) Public comment was received by: Eva Chrysante spoke in favor of the project and requested the Council consider other public art projects to reflect the area’s Black history. Bronia Hill and Lynn Feinerman echoed Ms. Chrysante’s comments and requested the Council also consider other public art projects to reflect the area’s indigenous history. MOTION: To approve the project as proposed and direct staff to work with the project sponsor and the Heritage & Arts Commission in completing the design and installation. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat DR A F T Page 4 of 6 Tiburon Town Council Minutes #19-2021 DRAFT October 20, 2021 AI-4. Late Night Ferry Service Proposal/Funding Request – Consider request by AC Ventures for Town funding to support a pilot late night ferry program (Department of Administrative Services) Public comment was received by: Rob Hendricks, Glenn Williams, Gregory Buich, Natale Servino (on behalf of the Chamber of Commerce), Leonor Noguez, John Stockwell, Lynn Feinerman, Katy McKegney, Conor Flaherty, Eva Chrysante, Obie, Bobby Isaacson, Timothy Burr, and Stephan Schneck, who all spoke in support of the proposal. Mayor Thier made a motion to approve the request for funding of $298,941 from ARP funds and to direct staff to prepare a funding agreement with appropriate checks and balances that if a profit is made, the Town is not contributing more funds than necessary. The motion failed. MOTION: To support AC Ventures application for contributions in an amount to be determined from American Rescue Plan funds to subsidize operating losses, with a stop-gap measure, for a pilot late night ferry service program between San Francisco and Tiburon. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat The Council further directed staff to develop a funding agreement that addresses the concerns raised by the Council. AI-5. Diversity Element in General Plan – Consider request by the Diversity Inclusion Task Force that the Town Council direct staff to work with the General Plan Consultant to do a scope and budget for a separate diversity element as discussed and bring back to Town Council. Public comment was received by: Bronia Hill, Noah Griffin, Eva Chrysante, and Carol Korenbrot, who all spoke in support of the proposal to add a separate Diversity Element. MOTION: To approve the request of the Diversity Inclusion Task Force and direct staff to prepare a scope and budget for a separate Diversity Element to be brought back to the Town Council. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner VOTE: One Vacant Seat AI-6. Town Employment Practices – Consider request by the Diversity Inclusion Task Force that the Town Council hire a professional DEI Consultant to look at diversity in Town DR A F T Page 5 of 6 Tiburon Town Council Minutes #19-2021 DRAFT October 20, 2021 hiring, recruitment, advancement, and consider a Town Diversity Equity and Inclusion Officer/Employee. Public comment was received by: Eva Chrysante encouraged the Town consider policing practices as part of the review of hiring practices to reach its DEI goals. Victoria Fong said the consultant should be considered based on a wide range of experiences and that the person should evaluate the Town Hall environment. Noah Griffin said the consultant’s qualifications, track record, and lived experiences were important factors to consider and engaging a consultant would show commitment to evaluating the Town’s goals and needs in hiring practices. Bronia Hill encouraged the involvement of the Diversity Inclusion Task Force in engagement of a consultant. Carol Korenbrot requested clarification about whether the top two or three consultant candidates would be considered by the Task Force. MOTION: To approve the request by the Diversity Inclusion Task Force that the Town Council hire a professional DEI Consultant to look at diversity, Town hiring, recruitment, and advancement, and that the Diversity Inclusion Task Force participate in the hiring by having an opportunity to interview the top three candidates. Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat TOWN COUNCIL REPORTS Vice Mayor Welner requested a future agenda item to consider a scope and budget for a Sustainability Element in the General Plan update. Councilmember Fredericks requested a future agenda item to consider hiring a professional facilitator for Diversity Inclusion Task Force meetings. Mayor Thier announced a Town Council retreat at an upcoming Town Council meeting to discuss the Capital Improvement Program and CARES Act funding. TOWN MANAGER REPORT There was none. ADJOURNMENT DR A F T Page 6 of 6 Tiburon Town Council Minutes #19-2021 DRAFT October 20, 2021 There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 8:30 p.m. HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK DR A F T TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Accept the September 2021 Investment Summary Reviewed By: _________ Greg Chanis, Town Manager n/a ________ Benjamin Stock, Town Attorney SUMMARY Staff provides the Town Council a monthly report on the Town’s investment activity. This report is for the month ended September 30, 2021. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council move to accept the Investment Summary for September 2021 BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town’s investment activities for the monthly period ended September 30, 2021. All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS September 2021 Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) – Beginning Balance as of 09/01/2021 $21,986,956.87 0.206 % Liquid Deposits 0.00 Withdrawals 0.00 Interest Earnings (Posted Quarterly) 0.00 Total Ending Balance as of 09/31/2021 $21,986,956.87 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 3, 2021 Agenda Item: CC-2 Town Council Meeting November 3, 2021 TOWN OF TIBURON PAGE 2 OF 2 The total invested at the end of the prior month was $21,986,956.87. No transactions were posted for the reporting period. Interest is posted by LAIF quarterly and will be reported on the October 2021 statement. In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS September 2021 Statement is attached to this report as Exhibit 1. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Move to accept the Investment Summary for September 2021 Exhibit(s): 1. PARS Section 115 Trust Account Summary for September 2021 Prepared By: Suzanne Creekmore, Director of Administrative Services EXHIBIT 1 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: AB 361 Teleconference Meetings Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY In accordance with Government Code Section 54953, the Council will consider adoption of a resolution that would allow the Town to continue to operate virtual board meetings for the next 30 days. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 1). BACKGROUND In September 2021, the Ralph M. Brown Act (Brown Act) was amended by Assembly Bill 361 to allow fully virtual board meetings during a state of emergency. AB 361 amends Government Code section 54953 to allow virtual board meetings through January 1, 2024 in any of the following circumstances: 1. The legislative body holds a meeting during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing. 2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. To continue to hold virtual meetings while California’s state of emergency remains active, the body must make findings every 30 days that: 1) the body has reconsidered the circumstances of the state of emergency and 2) that the state of emergency continues to directly impact the ability of the members to meet safely in person or state and state or local officials continue to impose or recommend measures to promote social distancing. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 3, 2021 Agenda Item: CC-3 Town Council Meeting November 3, 2021 TOWN OF TIBURON PAGE 2 OF 2 The attached resolution (Exhibit 1) makes the required findings to allow the Town Council and Council appointed boards and commissions to continue to operate virtual meetings for the next 30 days. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council adopt the attached resolution (Exhibit 1). Exhibit(s): 1. DRAFT Resolution Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 Page 1 of 2 Town Council Resolution No. XX-2021 DRAFT 11/3/2021 DRAFT RESOLUTION NO. XX-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AND ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE TOWN COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS WHEREAS, the Town Council is committed to ensuring public access to observe and participate in local government meetings; and WHEREAS, all meetings of the Town Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor- proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 3, 2020, Marin County declared a local emergency due to the COVID-19; and WHEREAS, on March 16, 2020, the Town Manager proclaimed the existence of a local state of emergency within the Town, pursuant to Section 21-6 of the Tiburon Municipal Code and Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic, which was ratified by the Town Council on March 18, 2020; and WHEREAS, COVID-19 continues to threaten the health and lives of Town residents; and WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) is highly transmissible in indoor settings; and WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance calling for the use of face coverings and stating that the Delta Variant is two times as contagious as early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of cases sequenced, and cases and hospitalizations of COVID-19 are rising throughout the state; and WHEREAS, the Delta Variant has caused, and will continue to cause, conditions of Page 2 of 2 Town Council Resolution No. XX-2021 DRAFT 11/3/2021 imminent peril to the health safety of persons within the Town; an WHEREAS, the Town Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the Town Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Council does hereby: 1. Find that Current Conditions Authorize Teleconference Public Meetings of Legislative Bodies. Based on the California Governor’s continued declaration of a State of Emergency and current conditions, the Town Council finds that meeting in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings. 2. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act. PASSED AND ADOPTED at a regular meeting of the Town Council on November 3, 2021, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: __________________________ HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: ____________________________ LEA STEFANI, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Announcement of Special Vacancy on the Heritage & Arts Commission Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Heritage & Arts Commissioner Kindra Lee submitted her resignation from the Heritage & Arts Commission on October 26, 2021. The Council will announce the special vacancy on the Commission and invite applications to fill the vacancy. RECOMMENDED ACTION(S) 1. Announce the special vacancy on the Heritage & Arts Commission by adoption of this report on the Consent Calendar. BACKGROUND Town Council Resolution No. 16-2007 (Appointments Procedure) requires that the Mayor announce special vacancies that have occurred on Town boards, commissions and committees at the earliest possible Town Council meeting following the vacancy, and direct staff to publish a special vacancy notice in a newspaper of general circulation to inform the public of the vacancy and to seek applicants to fill the position. On October 26, 2021, Heritage & Arts Commissioner Kindra Lee submitted her resignation from the Commission (Exhibit 1), effective immediately. The Notice of Special Vacancy (Exhibit 2) has been posted and staff is seeking applicants to serve out the remainder of Ms. Lee’s term until February 2024. The application period will close on December 3, 2021 at 5:00 p.m. The Town Council will be required to interview all new applicants for this position before an appointment is made. ANALYSIS TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 3, 2021 Agenda Item: CC-4 Town Council Meeting November 3, 2021 TOWN OF TIBURON PAGE 2 OF 2 No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council announce the special vacancy on the Heritage & Arts commission by adoption of this report on the Consent Calendar. Exhibit(s): 1. Kindra Lee Resignation Letter 2. Notice of Special Vacancy: Heritage & Arts Commission Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 From:Kindra Lee To:Lea Stefani; Patti Pickett Subject:H&A Resignation Date:Tuesday, October 26, 2021 8:56:46 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Lea and Patti, It is with great sadness that I feel I must step down from the Heritage and Arts Commission. As you know, my schedule hasn’t allowed me to attend the last several meetings. With my expanding personal obligations, I feel that I cannot dedicate the time to the H&A that it deserves. Hopefully with my resignation, this opens up a spot for someone who is able to give the commission the time that it deserves. Thank you so much for everything. Kindra Lee EXHIBIT 2 TOWN OF TIBURON SPECIAL VACANCY NOTICE On Town Boards, Commissions & Committees October 2021 HERITAGE & ARTS COMMISSION (Statutory Authority: Section 13B-2 of Tiburon Municipal Code) Purpose: The Heritage & Arts Commission works to preserve and protect those buildings, sites, works of art and other objects which have special historical, cultural or aesthetic character or interest to the Tiburon Peninsula. Appointees serve staggered, four-year terms. The Commission establishes educational programs and awards focusing on the unique history of the area. The Commission works on special community projects and events and is interested in planning events that would provide a forum for local artists to showcase their work. Qualifications: Town Council Resolution No. 29-2016 states that the commission shall be comprised of seven (7) members whose qualifications shall be as follows: Four (4) members must be residents of the Town of Tiburon at the time of appointment; Two (2) members may be residents of the City of Belvedere at the time of appointment; One (1) member may be a resident of the greater Tiburon peninsula (unincorporated territory) at the time of appointment. Applicants shall have the interest, desire, and time available to help promote projects related to the history and art of the Tiburon Peninsula. A formal art/history background is preferred but not required. A vacancy on the Heritage and Arts Commission has occurred as follows: Appointee Date Appointed Date Resigned Term Expires Kindra Lee May 5, 2021 October 26, 2021 February 2024 ***************** Interested applicants can contact Tiburon Town Clerk Lea Stefani at (415)435-7377 or lstefani@townoftiburon.org for more information. Deadline for Applications: December 3, 2021 at 5PM Notice Posted at Town Hall Notice Published in The Ark on November 3, 2021 CC: Marin IJ TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Department or Public Works Subject: Consider Authorizing the Town Manager to Enter into a Contract in an amount not to exceed $95,340 with Pavement Engineering Incorporated for the Design Work Associated with the 2022 Various Streets Project. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The FY 2021-2022 CIP included $100,000 for funding design work associated with the 2022 Various Streets Project., which is part of the Town’s overall Annual Pavement Preservation Program. Staff has negotiated a proposal from Pavement Engineering Incorporated (PEI) for the design of the project at a cost not to exceed $95,340. Today, Council is being asked to authorize the Town Manager to enter into an agreement with PEI to complete the work as proposed. RECOMMENDED ACTION(S) 1. Authorize the Town Manager to enter into a contract, in an amount not to exceed $95,340, with PEI for design work on the 2022 Various Streets Project. BACKGROUND Every three years the Metropolitan Transportation Authority (MTC) funds an evaluation of the Town’s roads. This evaluation is used to select projects for the Town’s Annual Pavement Preservation Program. The last evaluation was completed in March 2019. Based on this, the following road segments have been selected for treatment as part of the anticipated 2022 Various Streets Project. Street Name Start Finish PCI Treatment Avenida Miraflores Tiburon Blvd 500’ E/O Hilary Dr 91 Slurry Seal Avenida Miraflores 500’ E/O Hilary Dr Francisco Vista 91 Slurry Seal Avenida Miraflores Francisco Vista Miraflores 91 Slurry Seal Avenida Miraflores Miraflores Ln End 90 Slurry Seal Barner Lane Taylor End 67 Slurry Seal Bartel Court Venado End 87 Slurry Seal Blackfield Dr Tiburon Blvd Cecilia Ave 85 Slurry Seal Blackfield Dr Karen Way Reedland Woods Wy 84 Slurry Seal Blackfield Dr Reedland Woods Way Via San Fernando 86 Slurry Seal TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 3, 2021 Agenda Item: CC-5 Town Council Meeting November 3, 2021 TOWN OF TIBURON PAGE 2 OF 4 Blackfield Dr Via San Fernando 1075 FT N/O Via San Fernando 78 Slurry Seal Bond Lane Taylor End 78 Slurry Seal Cecilia Way Blackfield End 76 Slurry Seal Cecilia Way Blackfield Rancho 73 Slurry Seal Cecilia Way Tiburon Cayford 84 Slurry Seal Centro East Centro West 100 FT S/O Solano 82 Slurry Seal Centro East 100 FT S/O Solano Paradise 82 Slurry Seal Cibrian Drive Tayor Cul-de-sac 79 Slurry Seal Circle Dr Cecilia Cecilia 80 Slurry Seal Claire Way Karen (E) Karen (W) 84 Slurry Seal Corte San Fernando Blackfield Cul-de-sac 81 Slurry Seal Cypress Hollow Dr Rancho Bay Vista 73 Slurry Seal Greenwood Beach Road Town Limit 550 FT W/O End 74 Slurry Seal Greenwood Beach Road 550 FT W/O End End 75 Slurry Seal Harbor Oak Dr Mariner End 84 Slurry Seal Harn Court Howard Cul De Sac 93 Slurry Seal Harriet Way Cecilia Cul-de-sac 84 Slurry Seal Hilary Dr Avenida Miraflores Cul-de-sac 88 Slurry Seal Howard Dr Hilary Cul-de-sac 87 Slurry Seal Leland Way Karen Cecilia 68 Slurry Seal Lyford Dr Tiburon Round Hill 92 Slurry Seal Lyford Dr Round Hill Acela 85 Slurry Seal Lyford Dr Acela Sugarloaf 87 Slurry Seal Lyford Sugarloaf End 69 Slurry Seal Main St Paradise Jog/Elbow 84 Slurry Seal Main St Job/Elbow Beach 76 Slurry Seal Mar East St Town Limit Linda Vista 80 Slurry Seal Marinero Cir Lyford Lyford 71 Slurry Seal Meadowhill Dr Venado End 71 Slurry Seal Miraflores Lane Avenida Miraflores End 88 Slurry Seal Monterey Dr Cypress Hollow End 76 Slurry Seal Mount Tiburon Ct Mt Tiburon Cul-de-sac 84 Slurry Seal Mount Tiburon Rd Round Hill Cul-de-sac 74 Slurry Seal Pamela Ct Blackfield Cul-de-sac 74 Slurry Seal Paradise Dr All Roundabout Mar West 76 Slurry Seal Park Place South End Cibrian 78 Slurry Seal Paseo Mirasol Via San Fernando (N) Via San Fernando (S) 87 Slurry Seal Paseo Mirasol Via San Fernando 800 FT N/O Via San Fernando 87 Slurry Seal Paseo Mirasol 800 FT N/O Via San Fernando End 83 Slurry Seal Rancho Dr Bay Vista Cecilia 78 Slurry Seal Red Hill Circle Lyford 266’ S/O Lyford COP 87 Slurry Seal Town Council Meeting November 3, 2021 TOWN OF TIBURON PAGE 3 OF 4 Red Hill Circle 266’ S/O Lyford COP 1304’ S/O Lyford COP 86 Slurry Seal Red Hill Circle 1304’ S/O Lyford COP 2109’ S/O Lyford COP 55 Slurry Seal Reedland Woods Way Blackfield Dr Cul De Sac 65 Slurry Seal Reserva Ln Centro East End 87 Slurry Seal Rowley Circle Howard Geldert 94 Slurry Seal Rowley Circle Geldert Hilary 94 Slurry Seal Saint Gabriele Ct Sugarloaf End 83 Slurry Seal Santa Ana Ct Bartel End 85 Slurry Seal Solano St Mar East Centro East 80 Slurry Seal Spanish Trail Rd Centro East 700’ from Centro East 75 Slurry Seal Spanish Trail Rd 700’ from Centro East End 35 Slurry Seal Stewart Dr Tiburon Silverado 82 Slurry Seal Stewart Dr Roseville Redding 85 Slurry Seal Stony Hill Road Gilmartin End 79 Slurry Seal Sugarloaf Dr Lyford Heathcliff Dr 70 Slurry Seal Sugarloaf Dr Heathcliff Dr Up One Way 70 Slurry Seal Sugarloff Dr Up One Way Down One Way 73 Slurry Seal Taylor Road Cibrian Cul-de-sac 70 Slurry Seal Venado Dr Lyford Cul-de-sac 62 Slurry Seal Via Capistrano Reed Ranch Frontage 76 Slurry Seal Via Los Altos Blackfield 1320 FT N/O Blackfield 84 Slurry Seal Via Los Altos 1320 FT N/O Blackfield End 79 Slurry Seal Via Paraiso East Gilmartin Cul-de-sac 79 Slurry Seal Via Paraiso West Gilmartin Cul-de-sac 79 Slurry Seal Vistazo East St Spanish Trail 100 FT W/O Spanish Trail 82 Slurry Seal Vistazo West St Diviso End 63 Slurry Seal Vistazo West St Lyford End 75 Slurry Seal Warren Ct Hacienda Cul-de-sac 76 Slurry Seal ANALYSIS The design work is described in the attached proposal (Exhibit 1). The not-to-exceed cost for the design is $95,340. PEI is a recognized leader in the design of pavement repair and is used by other local municipalities including Larkspur. PEI performed the Town’s last pavement evaluation and provided expert assistance in the recent 2020 Various Streets project. CLIMATE IMPACT Staff anticipates no direct climate impact to the Town as a result of this work. FINANCIAL IMPACT The FY2021-22 CIP budget included funding in the amount of $100,000 for design of the Town’s Annual Pavement Preservation Program. Town Council Meeting November 3, 2021 TOWN OF TIBURON PAGE 4 OF 4 ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Authorized the Town Manager to enter into a contract, in an amount not to exceed $95,340 with PEI for design work on the 2022 Various Streets Project. Exhibit(s): 1. Streets Design Proposal from PEI Prepared By: David O. Eshoo, Associate Engineer EXHIBIT 1 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Approval of A Purchase and Sales Agreement to Acquire Real Property Currently Owned by Richardson Bay Sanitary District for a Purchase price of $600,000. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will be considering approval of a Purchase and Sales Agreement for property owned by Richardson Bay Sanitary District located at 500 Tiburon Boulevard, for a purchase price of $600,000. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Approve as to form the Purchase and Sales Agreement attached as Exhibit 2 and authorize the Town Manager to execute the agreement once finalized. 2. If Council is not prepared to approve the Purchase and Sales Agreement at this time, direct staff as to what additional information is required for Council to reconsider the matter at a future meeting. BACKGROUND Over the past 2-3 years, representatives from the Town and the Richardson Bay Sanitary District (RBSD), collectively referred to as the Parties, have been in discussions regarding the possibility of the Town acquiring a portion of RBSD owned property located on the Old Rail Trail between Blackies Pasture and McKegney Green. An aerial photo showing the approximate boundaries of the subject property is attached as Exhibit 1. The Parties have negotiated the terms of an agreement, resulting in a draft Purchase and Sales Agreement (P&S) that is before the Council for consideration. A copy of the P&S is attached as Exhibit 2. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 3, 2021 Agenda Item: AI-1 Town Council Meeting November 3, 2021 TOWN OF TIBURON PAGE 2 OF 2 ANALYSIS Under the terms of the draft P&S, the Town would agree to purchase the property from RBSD for $600,000. Both parties recognize the subject property was once part of an operational Wastewater Treatment Plant and agree the transaction should be contingent on the ability to receive regulatory closure from the appropriate agency(ies), at a cost that is not prohibitive to either Party. As a result, the draft P&S includes terms allowing either party to terminate the agreement if the closure process is deemed too costly, or complex. FINANCIAL IMPACT If the P&S is approved by the Parties, in addition to the purchase price, the Town will be required to expend additional funds to determine what the exact closure requirements will be, and to meet those requirements if the deal moves forward. It is very difficult at this point to estimate what those additional costs will be, however staff anticipates they could total several hundred thousand more than the purchase price of $600,000. If Council chooses to approve the P&S, they should also consider the source of funds necessary to complete the transaction. Staff recommends allocating the required funds from General Fund Operating Reserves and anticipates returning to Council at a future meeting to authorize a Budget Amendment for the appropriate amounts as they become known. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Approve as to form the Purchase and Sales Agreement attached as Exhibit 2 and authorize the Town Manager to execute the agreement once finalized. 2. If Council is not prepared to approve the Purchase and Sales Agreement at this time, direct staff as to what additional information is required for Council to reconsider the matter at a future meeting. Exhibit(s): 1. Aerial photo of subject property 2. Draft Purchase and Sales Agreement Prepared By: Greg Chanis, Town Manager EXHIBIT 1 EXHIBIT 2 1 SR #4853-5241-6768 v1 06935-0001 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this “Agreement”) is entered into as of the Effective Date (as defined in Section 1.2 below), by and between the Richardson Bay Sanitation District, a __________ (“Seller”) and the Town of Tiburon, a municipal corporation (“Buyer”). Seller and Buyer are each individually referred to herein as a “Party” and collectively as the “Parties.” RECITALS A. Seller is the owner of certain real property located at portions of 500 Tiburon Boulevard, known as APN Nos. 055-093-08 and 055-093-09 and portions of APN Nos. 055-093-06 and 055-093-07, in the Town of Tiburon (collectively the “Property”), as more particularly described in Exhibit A attached hereto and incorporated herein by this reference. B. The Property and the surrounding properties also owned by Seller was previously used as a wastewater treatment plant. The plant was decommissioned by Seller in 1983. Four operational ponds are located on the Property (the “Ponds”). C. The California Water Quality Control Board, San Francisco Bay Region (the “Board”) has regulatory authority over the closure of the Ponds . D. Buyer agrees to purchase the Property, and Seller agrees to sell the Property to Buyer, subject to the terms and conditions of this Agreement. E. Seller will notify the State Department of Housing and Community Development (“HCD”) as required by the State Surplus Land Act. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, Seller and Buyer hereby agree as follows: AGREEMENTS 1. EFFECTIVE DATE; INCORPORATION OF RECITALS AND EXHIBITS. 1.1 Recitals and Exhibits. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full. 1.2 Effective Date. The effective date of this Agreement shall be December 1, 2021 (the “Effective Date”). 2 SR #4853-5241-6768 v1 06935-0001 2. PURCHASE AND SALE. 2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller agrees to sell the Property to Buyer, and Buyer hereby agrees to acquire the Property from Seller. 2.2 Purchase Price. The purchase price for the Property to be paid by Buyer to Seller is Six Hundred Thousand Dollars ($600,000.00) (the “Purchase Price”). The Purchase Price will be paid in immediately available funds to Seller through Escrow on the Closing Date (defined below). 2.3 Condition Precedent - Closure of Ponds. The Parties obligations hereunder are expressly contingent upon the following: a. Within ___ days of the Effective Date Seller shall file an application with the Board that has been prepared by Buyer for the regulatory closure of the Ponds located on the Property. b. Within 60 days receipt of the closure requirements from the Board: i. Buyer can terminate this Agreement and neither Party shall have any further rights or obligations hereunder in the event that the costs related to the closure of the Ponds exceeds the amount that Buyer is willing to pay for such closure; or ii. Seller can terminate this Agreement and neither Party shall have any further rights or obligations hereunder in the event that the Board requires that Seller perform improvements to other property owned by Seller and/or imposes increased regulatory requirements on Seller as a condition to closure of the Ponds. c. If either Party wishes to terminate this Agreement in accordance with Section 2 b above the terminating Party shall deliver Notice to the non-terminating Party within 60 days of receipt of the closure requirements from the Board (the “Termination Period”). If neither Party terminates this Agreement during the Termination Period, Buyer shall be responsible for compliance with the Board’s closure requirements and the associated costs. 3. ESCROW. 3.1 Escrow Account. In the event that neither Party terminates this Agreement as provided for in Section 2 above, within 10 days of the Termination Period Seller shall open an escrow account (the “Escrow”) maintained by ___________________, Attn: _____________ (the “Escrow Holder”). Escrow Holder shall perform all escrow and title services in connection with this Agreement. 3 SR #4853-5241-6768 v1 06935-0001 3.2 Opening of Escrow. Within three (3) business days after the Seller notifies Buyer that it has opened Escrow, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date such fully executed Agreement is received by Escrow Holder will be deemed the “Opening of Escrow” and Escrow Holder will give written notice to the Parties of such occurrence. 3.3 Buyer’s Deposit. Within two (2) business days after the Opening of Escrow, the Buyer shall deposit Eighteen Thousand Dollars ($18,000) in Escrow (“Deposit”). 3.4 Satisfaction of Due Diligence Contingency. Buyer shall have the right, in his sole discretion, to terminate this Agreement for any reason prior to the expiration of the Due Diligence Contingency Period (as defined in Section 5(a) below) and receive a refund of the Deposit. Buyer hereby agrees to provide written notice to Seller prior to the expiration of the Due Diligence Contingency Period if Buyer disapproves of any due diligence items or approves all due diligence items (“Approval Notice”). If Buyer disapproves of any items through the delivery of the Approval Notice to Seller before 5:00 p.m. on the last day of the Due Diligence Contingency Period, this Agreement shall terminate, and the Deposit (less the Independent Consideration), shall be returned to Buyer, and neither Party shall have any further rights or obligations hereunder except those which expressly survive the termination hereof. If Buyer fails to timely deliver the Approval Notice to Seller, it will be conclusively presumed that Buyer has approved all due diligence items, matters and documents, in which case the Deposit will become non-refundable. Thereafter, in the event that Buyer fails to complete the sale by the Closing Date, this Agreement shall terminate and the Deposit shall be released to the Seller as liquidated damages pursuant to Section 7 below. 3.5 Independent Consideration. As independent consideration for Seller’s entering into this Agreement to sell the Property to Buyer, Buyer shall deliver the sum of One Hundred Dollars ($100.00) to Seller through Escrow (“Independent Consideration”). In the event that Buyer terminates this Agreement in accordance with Section 3.4 above, Seller shall retain the Independent Consideration; in the event that Buyer does not terminate this Agreement as aforesaid, the Independent Consideration shall be applied to the Purchase Price at Closing. 4. PROPERTY DISCLOSURE REQUIREMENTS. 4.1 Condition of Title/Preliminary Title Report. Seller shall cause Escrow Holder to deliver a Preliminary Title Report for the Property (the “Preliminary Report”) to Buyer within three (3) business days after the Opening of Escrow. Pursuant to Section 5.2(a)(ii), Buyer shall have until the Title Approval Date (as defined below) to give Seller and Escrow Holder (“Buyer’s Title Notice (as defined below) of Buyer’s disapproval or conditional approval of any matters shown in the Preliminary Report. Buyer agrees that at the Close of Escrow, title to the Property shall be conveyed to Buyer by Seller subject only to the following matters (collectively the “Approved Conditions of Title”): 4 SR #4853-5241-6768 v1 06935-0001 (a) a lien to secure payment of real estate taxes and assessments, not delinquent; (b) the lien of supplemental taxes; (c) all matters affecting title to the Property created by or with the written consent of Buyer or which are waived or deemed approved by Buyer; (d) all matters which would be disclosed by an inspection or survey of the Real Property; and (e) all exceptions which are disclosed by the Preliminary Report, and which are approved by Buyer in accordance with this Agreement. It is acknowledged and agreed by Seller and Buyer that the listing of the foregoing matters in this Section 4.1 shall be subject to Buyer’s approval pursuant to Section 5.2(a)(ii). 4.2. Title Policy. As a condition to the Close of Escrow, title shall be evidenced by the willingness of the Title Company to issue its CLTA Owner’s Policy of Title Insurance with extended coverage, if available and requested by Buyer, inclusive of any endorsements requested or required by Buyer (“Title Policy”), in the amount of the Purchase Price showing title to the Property vested in Buyer upon conveyance of the Grant Deed subject to the Approved Conditions of Title (it being acknowledged and agreed by Buyer that it has elected to obtain the Title Policy at the Close of Escrow) and such other exceptions to title as may be set forth in the Preliminary Report and not objected to by Buyer. 4.3 Environmental and Natural Hazards Disclosure. California Health & Safety Code section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Seller to provide certain disclosures regarding natural hazards affecting the Property. Seller agrees to make all necessary disclosures required by law. 5. CLOSING AND PAYMENT OF PURCHASE PRICE. 5.1 Closing. The closing (the “Closing” or “Close of Escrow”) will occur within forty-five (45) days after the Opening of Escrow (“Closing Date”). In the event the Closing has not occurred within forty-five (45) days after the Opening of Escrow due to a delay beyond the Buyer’s control, then Close of Escrow may be extended up to an additional thirty (30) days (the “Extension Period”) upon the request of Buyer. If the Closing Date is extended for the thirty (30) day Extension Period, then such extended closing date shall become the “Closing Date”. If the Close of Escrow has not occurred by the end of the Extension Period, the non-defaulting Party may elect 5 SR #4853-5241-6768 v1 06935-0001 to terminate this Agreement and/or pursue any other remedy set forth in this Agreement. 5.2 Buyer’s Conditions to Closing. Buyer's obligation to purchase the Property is subject to the satisfaction of all of the following conditions or Buyer's written waiver thereof (in Buyer’s sole discretion) on or before the Closing Date: (a) Buyer will have thirty (30) days from the Opening of Escrow (the “Due Diligence Contingency Period”) to complete physical inspections of the Property and due diligence related to the purchase of the Property. (i) Seller shall provide to Buyer copies of all reasonably available and known documents relating to the ownership and operation of the Property, including but not limited to plans, permits and reports (environmental, structural, mechanical, engineering and land surveys) that Seller has in its possession (collectively, “Property Documents”) not later than three (3) business days following the execution and delivery of this Agreement. Buyer shall have until the end of the Due Diligence Contingency Period to satisfy itself as to the review and approval of the Property Documents and the condition and suitability of the Property. Nothing in this Section 5.2 (a) shall in any manner be construed as any representation, assurance or warranty of any kind by Seller. (ii) Buyer shall have until the date (“Title Approval Date”) which is four (4) days following the receipt of the Preliminary Report to give Seller and Escrow Holder written notice (“Buyer’s Title Notice”) of Buyer’s disapproval or conditional approval of any matters shown in the Preliminary Report. The failure of Buyer to give Buyer’s Title Notice on or before the Title Approval Date shall be deemed to constitute Buyer’s approval of the condition of title to the Property unless Buyer shall have previously terminated this Agreement. If Buyer disapproves or conditionally approves any matter of title shown in the Preliminary Report, then on or before the expiration of four (4) days from the date of Seller’s receipt of Buyer’s Title Notice, Seller may elect to eliminate or ameliorate to Buyer’s satisfaction the disapproved or conditionally approved title matters. Seller shall give Buyer written notice (“Seller’s Title Notice”) not later four (4) days after Seller’s receipt of Buyer’s Title Notice of those disapproved or conditionally approved title matters, if any, which Seller agrees to either eliminate from the Title Policy as exceptions to title to the Property or to ameliorate to Buyer’s satisfaction by the Closing Date. If Seller does not elect to eliminate or ameliorate to Buyer’s satisfaction any disapproved or conditionally approved title matters, or if Buyer disapproves of Seller’s Title Notice, or if Seller is unable to eliminate or ameliorate to Buyer’s satisfaction all such disapproved matters prior to the Closing Date, then Buyer shall elect by written notice to Seller and Escrow Holder on or before the date which is two (2) days after Buyer’s receipt of Seller’s Title Notice, to: (1) waive its prior disapproval, in which event said disapproved matters shall be deemed approved; or (2) terminate this Agreement and the Escrow created pursuant hereto, in which event, Escrow Holder shall disburse the Deposit together to Buyer. 6 SR #4853-5241-6768 v1 06935-0001 (iii) Buyer may conduct all physical inspections without Seller’s representative being present; however, any environmental investigation of the Property beyond a “Phase 1 Site Assessment” must first be approved in writing by Seller, which approval shall not be unreasonably withheld or delayed. If Buyer receives a draft Phase I environmental Site Assessment that recommends additional environmental testing, Buyer shall provide Seller an opportunity to review the draft Phase I and discuss the basis of the recommendation for additional testing with the Buyer and its environmental consultant before the draft is finalized. The plans for any physical penetration of the surface or subsurface of the Property must first be delivered to and approved by Seller, which approval shall not be unreasonably withheld or delayed. Buyer shall restore the Property as near as reasonably possible to its condition prior to any intrusive or invasive tests and/or inspections. (iv) Buyer shall indemnify, defend (with counsel reasonably satisfactory to Seller) and hold Seller harmless from and against any and all loss, expense, claim, damage, liability and injury to person or property resulting from the acts of Buyer, Buyer’s employees, agents, contractors and/or subcontractors on the Property in connection with the performance of any investigation or other activities upon the Property as contemplated herein. The foregoing indemnity, defense and hold harmless obligations do not apply to (a) any loss, liability cost, claim, damage, injury or expense to the extent arising from the negligent acts or omissions of Seller, (b) any diminution in value in the Property arising from or relating to matters discovered by Buyer during its investigation of the Property, (c) any latent defects in the Property discovered by Buyer, and (d) the release or spread of any Hazardous Materials (as defined in Section 6.1(e) herein) that are discovered (but not deposited) on or under the Property by Buyer unless caused by the negligence or willful misconduct of Buyer or its agents or contractors. The indemnification and defense obligations of Buyer in this Section 5.2(a)(iv) shall survive the termination of this Agreement. (b) Seller has performed all obligations to be performed by Seller pursuant to this Agreement. (c) Seller's representations and warranties herein are true and correct in all material respects as of the Closing Date. (d) The Title Company is irrevocably committed to issue a CLTA Title Policy to Buyer, effective as of the Closing Date, insuring title to Buyer in the full amount of the Purchase Price subject only to the Permitted Exceptions. (e) The Property shall be separate legal parcel(s) and all steps shall have been taken in accordance with Subdivision Map Act to allow for conveyance of the Property as separate legal parcel(s). Any cost associated with the creation of the parcel(s) shall be borne by Buyer. 5.3 Seller’s Conditions to Closing. The Close of Escrow and Seller's obligation to sell and convey the Property to Buyer are subject to the satisfaction of the 7 SR #4853-5241-6768 v1 06935-0001 following conditions or Seller's written waiver (in Seller’s sole discretion) of such conditions on or before the Closing Date: (a) Buyer has performed all obligations to be performed by Buyer pursuant to this Agreement before Closing Date. (b) Buyer's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. (c) The Property shall be separate legal parcel(s) and all steps shall have been taken in accordance with Subdivision Map Act to allow for conveyance of the Property as separate legal parcel(s). Any cost associated with the creation of the parcel(s) shall be borne by Buyer. 5.4 Conveyance of Title. Seller will deliver fee simple title to Buyer at the Closing, subject only to the Permitted Exceptions. 5.5 Deliveries at Closing. (a) Deliveries by Seller. No less than one (1) business day prior to the Closing Date, Seller shall deposit into the Escrow for delivery to Buyer at Closing: (i) a grant deed; (ii) an affidavit or qualifying statement which satisfies the requirements of paragraph 1445 of the Internal Revenue Code of 1986, as amended, any regulations thereunder (the “Non-Foreign Affidavit”); and (iii) a California Franchise Tax Board form 590 to satisfy the requirements of California Revenue and Taxation Code Section 18805(b) and 26131. (b) Deliveries by Buyer. No less than one (1) business day prior to the Closing Date, Buyer shall deposit into Escrow immediately available funds in the amount, which together with the Deposit, is equal to: (i) the Purchase Price as adjusted by any prorations between the Parties; (ii) the escrow fees and recording fees; (iii) the cost of the Title Policy; and (iv) any other closing costs to be paid by Buyer. (c) Closing. Upon Closing, Escrow Holder shall: (i) record the grant deed; (ii) disburse to Seller the Purchase Price, less Seller’s share of any escrow fees, costs and expenses; (iii) deliver to Buyer the Non-Foreign Affidavit, the California Certificate (Form 590) and the original recorded grant deed; (iv) pay any commissions and other expenses payable through Escrow; and (v) distribute to itself the payment of escrow fees and expenses required hereunder. (d) Closing Costs. Buyer will pay all escrow fees (including the costs of preparing documents and instruments), and recording fees. Buyer will pay title insurance and title report costs and Seller will pay all governmental conveyance fees and all transfer taxes. All other costs and fees shall be paid in accordance with custom and practice in Marin County. 8 SR #4853-5241-6768 v1 06935-0001 6. REPRESENTATIONS, WARRANTIES AND COVENANTS. 6.1 Seller’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer that the statements below in this Section 6.1 are each true and correct to the best of Seller’s actual knowledge as of the Effective Date and as of the Closing Date. (a) Seller is a public agency, lawfully formed, in existence and in good standing under the laws of the State of California. Seller has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Seller, and upon delivery to and execution by Buyer is a valid and binding agreement of Seller. (b) Seller has not alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any agreement to do so, and to Seller’s actual knowledge there are no agreements affecting the right to possession of the Property and there are no maintenance, service or other agreements affecting or relating to the Property. (c) Neither Seller nor any entity or person that owns or controls Seller is bankrupt or insolvent under any applicable Federal or state standard, has filed for protection or relief under any applicable bankruptcy or creditor protection statute, or has been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. Seller is not entering into the transactions described in this Agreement intending to defraud any creditor or to prefer the rights of one creditor to any other. Seller and Buyer have negotiated this Agreement at arm’s length and the consideration paid represents fair value for the assets being transferred. (d) Seller is not a “foreign person” within the meaning of 26 U.S.C.A. §1445(f)(3) and Seller is not, nor is any person who owns a controlling interest in or otherwise controls Seller, (a) listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control (“OFAC”), Department of the Treasury, and/or on any other similar list maintained by the OFAC pursuant to any authorizing statute, Executive Order or regulation (collectively, “OFAC Laws and Regulations”); or (b) a person either (i) included within the term “designated national” as defined in the Cuban Assets Control Regulations, 31 C.F.R. Part 515, or (ii) designated under Sections 1(a), 1(b), 1(c) or 1(d) of Executive Order No. 13224, 66 Fed. Reg. 49079 (published September 25, 2001) or similarly designated under any related enabling legislation or any other similar Executive Orders (collectively, the “Executive Orders”). Neither Seller nor any of its principals or affiliates is (x) a person or entity with which Buyer is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law, or that commits, threatens or conspires to commit or supports “terrorism” as defined in the Executive Orders, or (y) is affiliated or associated with a person or entity listed in the preceding clause (x). To the actual knowledge of Seller, neither Seller nor any of its principals or affiliates, nor any brokers 9 SR #4853-5241-6768 v1 06935-0001 or other agents acting in any capacity in connection with the transactions contemplated herein (I) deals in, or otherwise engages in any transaction relating to, any property or interests in property blocked pursuant to the Executive Orders or (II) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law. As used herein, “Anti-Terrorism Law” means the OFAC Laws and Regulations, the Executive Orders and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107-56, 115 Stat. 272 (2001), as amended. (e) Except as may be disclosed in the Property Documents, to the best of Seller’s actual knowledge, neither Seller nor any third party, has used, generated, transported, discharged, released, manufactured, stored, or disposed any Hazardous Material from, into, at, on, under, or about the Property. Additionally, Seller has not received any written notice that the Property has been or is in violation of any Environmental Law. The term “Hazardous Material” as used herein shall mean any hazardous or toxic substances, materials, chemicals, or wastes in any form and in any concentration that is or becomes, prior to the close of escrow, regulated by the United States or any state or local government authority having jurisdiction over the Property (including any present order or agreement imposing liability or standards concerning any such substances, materials, chemicals, or wastes and any future such order or agreement that becomes effective prior to the close of escrow), and includes without limitation: any “hazardous substance,” as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 United States Code sections 9601-9675); any “hazardous waste,” as that term is defined in the Resource Conservation and Recovery Act of 1976 (RCRA) (42 United States Code sections 6901-6992k); petroleum products; volatile organic compounds; radioactive materials; asbestos and lead paint, in any form or condition; and substances or compounds containing PCBs. The term “Environmental Law” as used herein shall mean any federal, state, or local law, ordinance or regulation, or any order, demand or guidance document of any governmental agency, relating to Hazardous Materials. Anything to the contrary notwithstanding, the foregoing representations and warranties in this Section 6.1 and Seller’s representation in Section 8 hereof are the only representations and/or warranties of any kind made under this Agreement or otherwise in connection with the sale of the Property and such representations and warranties contained in this Section 6.1 shall be deemed to survive the Closing of Escrow and the delivery of the Grant Deed for a period not to exceed 365 days after the Closing Date (“Limitation Period”) and no action, proceeding, suit or claim of any kind may be commenced or asserted by virtue of any of the representations or warranties contained in this Section 6.1 after the Limitation Period has expired. No claim for breach of a representation or warranty by Seller shall be actionable or payable by Seller if the breach in question results from or is based on a condition, state of facts or other matter which was actually known to Buyer prior to the Close of Escrow. If Buyer has knowledge of the incorrectness of any representation or warranty by Seller and fails to 10 SR #4853-5241-6768 v1 06935-0001 so notify Seller prior to the Close of Escrow, then such representation or warranty shall be deemed to be stricken from this Agreement and shall be of no further force or effect. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement are conditions precedent to Buyer’s obligation to proceed with the Closing hereunder. 6.2 Buyer’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Buyer contained in other sections of this Agreement, Buyer hereby represents, warrants and covenants to Seller that the statements below in this Section 6.2 are each true as of the Effective Date and as of the Closing Date. (a) Buyer is a public agency, lawfully formed, in existence and in good standing under the laws of the State of California. Buyer has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Buyer, and upon delivery to and execution by Seller is a valid and binding agreement of Buyer. (b) Buyer and any entity or person that owns or controls Buyer are not bankrupt or insolvent under any applicable federal or state standard, have not filed for protection or relief under any applicable bankruptcy or creditor protection statute and have not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. Buyer is not entering into the transactions described in this Agreement intending to defraud any creditor or to prefer the rights of one creditor to any other. Buyer and Seller have negotiated this Agreement at arm’s-length and the consideration paid represents fair value for the assets to be transferred. (c) Buyer represents and warrants that the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby will not result in any breach of the terms of, conditions of, or constitute a default under, any instrument or obligation by which Buyer is bound, or violate any order, writ, injunction or decree of any court in any litigation to which Buyer is a party. (d) Buyer represents and warrants that each person executing this Agreement is legally competent and is duly authorized so as to fully and legally bind Buyer. Each of the representations and warranties made by Buyer in this Agreement, shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow. Buyer shall notify Seller immediately of any facts or circumstances that are contrary to the foregoing representations and warranties contained in this Section 6.2. 11 SR #4853-5241-6768 v1 06935-0001 6.3 Disclaimer. Except for the representations and warranties of Seller expressly set forth in Section 6.1 and the covenants and agreements of Seller expressly set forth in this Agreement: (a) Buyer accepts the Property “AS-IS, WHERE-IS, WITH ALL FAULTS” in its existing state and condition at the Closing; and (b) Buyer accepts the Property subject to any and all Laws which are now or may hereafter be imposed on or against the Property by any governmental authority. 7. REMEDIES In the event of a breach or default under this Agreement by Seller, if such breach or default occurs prior to Close of Escrow, Buyer reserves the right to either (a) seek specific performance from Seller or (b) to do any of the following: (i) to waive the breach or default and proceed to Closing as provided herein; (ii) to extend the time for performance and the Closing Date until Seller is able to perform; or (iii) to terminate this Agreement upon written notice to Seller, whereupon Seller shall cause Escrow Holder to return to Buyer any and all sums placed into the Escrow by Buyer, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither party shall have any further obligations or liabilities hereunder. IN THE EVENT OF A BREACH OR DEFAULT HEREUNDER BY BUYER AND THE CLOSING DOES NOT OCCUR DUE TO SUCH DEFAULT, SELLER’S SOLE REMEDY SHALL BE TO RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES. THE PARTIES AGREE THAT IN SUCH INSTANCE, THE DEPOSIT REPRESENT A REASONABLE APPROXIMATION OF SELLER’S DAMAGES AND ARE NOT INTENDED AS A FORFEITURE OR PENALTY BUT RATHER AN ENFORCEABLE LIQUIDATED DAMAGES PROVISION PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671, ET SEQ. IN NO EVENT SHALL EITHER PARTY BE ENTITLED TO LOST PROFITS OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE OTHER PARTY’S BREACH OF THIS AGREEMENT. Buyer’s Initials Seller’s Initials 8. BROKERS. Seller represents that no real estate broker has been retained by Seller in the sale of the Property or the negotiation of this Agreement. Buyer represents that no real estate broker has been retained by Buyer in the purchase of the Property or negotiation of this Agreement. 9. ASSIGNMENT. Absent an express signed written agreement between the Parties to the contrary, neither Seller nor Buyer may assign its rights or delegate its duties under this Agreement without the express written consent of the other, which consent may be withheld for any reason. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement. 10. MISCELLANEOUS. 10.1 Interpretation. This Agreement has been negotiated at arm’s length and each Party has been represented by independent legal counsel in this transaction and this Agreement has been reviewed and revised by counsel to each of 12 SR #4853-5241-6768 v1 06935-0001 the Parties. Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting Party. 10.2 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Close of Escrow. 10.3 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns. 10.4 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 10.5 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof any cannot be amended or modified except by a written instrument executed and delivered by the Parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any party is relying upon in entering this Agreement that are not fully expressed herein. 10.6 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein. 10.7 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either Party desires or is required to give to the other Party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the Party’s address as set forth below: To Buyer: Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Attn: Town Manager 13 SR #4853-5241-6768 v1 06935-0001 To Seller: Richardson Bay Sanitary District 500 Tiburon Boulevard Tiburon, California 94920 Pittsburg, CA 94565 Attn: Executive Director To Escrow Holder: _____________________ _____________________ _____________________ Attn: _________________ Any such communication shall be deemed effective upon personal deliver or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. Any Party may change its address by notice to the other Party. Each Party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice. 10.8 Time. Time is of the essence to the performance of each and every obligation under this Agreement. 10.9 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the time for performance will be extended to 5:00 p.m. on the next business day. 10.10 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a Party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed. 10.11 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. 10.12 Waivers. Any waiver by any Party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any Party. Consent by any Party to any act or omission by another Party shall not be construed to be a consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance. 14 SR #4853-5241-6768 v1 06935-0001 10.13 Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. 10.14 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between Parties is effective, executed, or delivered, as of the Effective Date. 10.15 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. 10.16 Approvals. Whenever this Agreement calls for Seller approval, consent, extension or waiver, the written approval, consent, or waiver of the Seller’s District Manager or his or her designee(s) shall constitute the approval, consent, extension or waiver of the Seller, without further authorization required from the Seller’s Board. The Seller hereby authorizes the Seller's District Manager and his or her designee(s) to deliver any such approvals, consents, or extensions or waivers as are required by this Agreement, or that do not otherwise reduce Seller’s rights under this Agreement, and to waive requirements under this Agreement, on behalf of the Seller. Whenever this Agreement calls for Buyer approval, consent, extension or waiver, the written approval, consent, or waiver of the Buyer’s Town Manager or his or her designee(s) shall constitute the approval, consent, extension or waiver of the Buyer, without further authorization required from the Buyer’s Council. The Buyer hereby authorizes the Buyer's Town Manager and his or her designee(s) to deliver any such approvals, consents, or extensions or waivers as are required by this Agreement, or that do not otherwise reduce Buyer’s rights under this Agreement, and to waive requirements under this Agreement, on behalf of the Buyer. SIGNATURES ON FOLLOWING PAGE 15 SR #4853-5241-6768 v1 06935-0001 16 SR #4853-5241-6768 v1 06935-0001 IN WITNESS WHEREOF, this Agreement is executed by Buyer and Seller as of the Effective Date. Buyer: Town of Tiburon By: ____________________________ Greg Chanis Town Manager Attest: ___________________________________ Lea Stefani, Town Clerk Reviewed as to Form: ___________________________________ Benjamin Stock, Town Attorney 17 SR #4853-5241-6768 v1 06935-0001 Seller: Richardson Bay Sanitary District Attest: ___________________________________ Paula Pferrer, District Secretary Reviewed as to Form: ___________________________________ Elizabeth Brekhus, District Attorney Acceptance by Escrow Holder: ___________________ hereby acknowledges that it has received a fully-executed counterpart of the foregoing Agreement of Purchase and Sale and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. ___________________________ By:_________________________ Its: ______________________ By: ____________________________ Johnny Tucker District Manager 18 SR #4853-5241-6768 v1 06935-0001 EXHIBIT A LEGAL DESCRIPTION (to be inserted) TOWN OF TIBURON PAGE 1 OF 5 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Consideration to Prezone Four Unincorporated Parcels Totaling Approximately 10.45 acres located at and in the vicinity of 4916 Ranch Road to RO-2 (Residential Open) zoning district; Assessor Parcel Nos. 038-053-17, 038-061-14, 038-061-30 and 038-061-27 Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council is considering an application to prezone four unincorporated parcels totaling approximately 10.45 acres located at and in the vicinity of 4916 Ranch Road to RO-2 (Residential Open). RECOMMENDEDACTION(S) Staff recommends that the Town Council hold first hearing of the proposed ordinance, waiving any additional readings, as follows: 1. The Town Council should hold a public hearing and consider any testimony. 2. If appropriate, move to read by title only and carry the motion; then read the title and hold a roll call vote to pass first reading, waiving any additional readings. 3. If passed for first reading, the ordinance prezoning the subject properties to RO-2 (Residential Open) zoning district will be scheduled for adoption at the next regular meeting of the Council. BACKGROUND On June 10, 2021, the Town of Tiburon received an application (File No. PZ2021-001) from the landowner, the Jacqueline Bos and Eric McCrath Revocable Living Trust, requesting prezoning of the subject area to Residential Open (RO-2) zoning district. The application was routed and referred to relevant agencies and departments for review and comments. On September 8, 2021, the Tiburon Planning Commission held a public meeting, received public testimony, and adopted resolution no. 2021-005 (Exhibit 2) recommending that the Town Council approve a prezoning application of the four parcels totaling approximately 10.45 acres, currently located in the unincorporated Marin County but is located within the Tiburon Planning TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 3, 2021 Agenda Item: PH-1 Town Council Meeting November 3, 2021 TOWN OF TIBURON PAGE 2 OF 5 Area and the Town of Tiburon Sphere of Influence, be prezoned to Single-Family Residential Open (RO-2) zoning district1. The prezoning application is reviewed by the Town in conjunction with a request to Marin Local Agency Formation Commission (LAFCo) to annex these properties into the Town of Tiburon. The purpose of the prezoning application is to assign land use designation for areas located within the ‘unincorporated island’ of Marin County consistent with goals and policies of the Town General Plan. The intent is to ensure the parcel(s), when annexed into the Town of Tiburon, will be consistent with the goals and policies of the General Plan. SITE LOCATION The subject area consists of four parcels (the subject area) with a total are of approximately 10.45 acres, of which approximately 3.07 acres is dry land and 7.42 acres is submerged or partially submerged land. These parcels are located in the vicinity of 4916 Ranch Road sloping towards the San Francisco Bay. One parcel (APN 038-061-30) is developed with an existing single - family residence. The existing residence has a shed and access to Ranch Road via a driveway located on another parcel (APN 038-053-17). The other two parcels (APN 038-061-14 and 038-061-27) are primarily undeveloped with stands of mature trees and other vegetation. The subject parcels are located within the Paradise Drive Annexation area as depicted on the Diagram 2.5-1 Annexation Areas of the Town General Plan 2020. The Annexation Area includes lands that are located within the Town’s Sphere of Influence and are currently located within the County of Marin. The subject parcels are located in an “unincorporated island” of Marin County that include Paradise Cay to the south. Other adjacent land uses include the San Francisco Bay to the east, Paradise Drive to the west, and single-family residential (RO-2) zoned properties in the Town of Tiburon to the west and north. Exhibit 3 includes staff report to Planning Commission, with additional maps that show the project location, site boundaries, adjacent land uses, existing jurisdictional boundaries, and land use designations as depicted on MarinMap. ANALYSIS Statutory Authority and Procedure Prezoning is a process whereby territory is assigned a zoning designation by a municipality while that territory remains unincorporated. Prezoning establishes a future zoning designation for property in the event that the territory is annexed into that municipality in the future. Municipalities may choose to prezone unincorporated territory within their Planning Area at any time and do not need a property owner application to do so. Prezoning must be consistent with a municipality’s general plan. This means that the Town should apply a prezoning designation that closely matches the general plan’s ultimate intended 1 Interested parties may view video recording of the September 8, 2021, Planning Commission meeting online, which is accessible at this link: https://townoftiburon.granicus.com/MediaPlayer.php?view_id=6&clip_id=680&meta_id=28910 Town Council Meeting November 3, 2021 TOWN OF TIBURON PAGE 3 OF 5 use of the property. Pursuant to Tiburon Municipal Code 16-68.030(A), prezoning applications follow the same procedure as a common rezoning proposal and require public hearings before the Planning Commission and Town Council prior to approval. In order to recommend Town Council Approval, the Planning Commission was required to make the findings described in Tiburon Municipal Code 16-68.050. Tiburon Municipal Code Section 16-68.050 Findings As outlined in the analysis contained in the Planning Commission staff report and findings made in the resolution (Exhibits 2-3), the Town Council may affirm, reverse, or modify any recommendation for approval by the Planning Commission. The findings, as recommended by the Planning Commission, for approval of the prezoning application are summarized below: 1. The prezoning is consistent with the requirements herein. (TMC § 16-68.050(A)(1)) The prezoning application generally meets the application and submittal requirements contained in Section 16-68. The Town may exercise its discretion to consider the appropriateness of the prezoning request as it relates to the annexation to the Town. The prezoning application has been initiated by the landowner, as allowed by the code, and otherwise meets the application requirements of TMC Section 16-50 and 16-68, and has been duly noticed. 2. The prezoning is consistent with the general plan and any other applicable plans of the town. (TMC § 16-68.050(A)(2)) The proposed prezoning to RO-2 (Residential Open) is consistent with the Tiburon General Plan 2020. The subject area is designated “M” Medium Density Residential in the Tiburon General Plan 2020 Land Use Diagram. This land use category is reserved for properties with typical zoning district of RO-2 (Residential Open). Prezoning the subject area to RO-2 is in close alignment with “M” Medium Density Residential land use category, the general plan’s intended use of the subject area, and it is consistent with the applicable policies contained in Tiburon General Plan 2020 as outlined in this report. 3. The prezoning will not be detrimental to the public health, safety, or welfare of the town. (TMC § 16-68.050(A)(3)) The prezoning to RO-2 (Residential Open) will not be detrimental to the public health, safety, or welfare of the town because this zone is compatible with the existing use of adjacent properties in the vicinity and with the Town’s long-term, intended use of adjacent properties, as reflected in the General Plan Land Use Diagram. The existing use of the subject area is single-family residential, which is consistent with uses permitted in the RO-2 zone. The regulations of the RO-2 zone are designed to promote and encourage the maintenance of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone. The RO-2 zone conforms to the General Plan’s land use designation (M) medium density residential, which will implement the goals and policies of the General Plan. Future development on each parcel is required to be compatible with existing land uses, development standards and identified constraints through Town Council Meeting November 3, 2021 TOWN OF TIBURON PAGE 4 OF 5 the Site Plan and Architectural Review Process. The proposed prezoning to RO-2 will not be detrimental to the public health, safety, or welfare of the town. Based on staff analysis and the deliberation made by the Planning Commission, sufficient evidence is found to support the required findings for the approval of proposed prezoning application (Exhibit 2-4)1. The Town Council shall hold a public hearing, take public testimony, consider and deliberate the evidence present in the file record in the review of the prezoning application. The Town Council may affirm, reverse, or modify any recommendation for approval by the Planning Commission. This prezoning application is reviewed by the Town in conjunction with a request to Marin Local Agency Formation Commission (LAFCo) to annex these properties into the Town of Tiburon. Where a prezoning action has not taken place prior to annexation, all territory hereafter annexed to the town will simultaneously with such action be classified in the residential planned development (RPD) zone, and will be shown on the zoning map until such time as the property is rezoned to be consistent with the general plan. Pursuant to Tiburon Municipal Code Section 16-21.030(D)(3), approval of a precise development plan is required prior to subdivision, grading, or improvements of any kind in the RPD zone. As discussed above, these properties are currently designated as “M” Medium Density Residential in the Tiburon General Plan 2020 Land Use Diagram and the land use category reserved for properties is zoning district of RO-2 (Residential Open). If the Town Council choose not to act on this prezoning application, it is anticipated that rezoning of these properties will eventually take place to be consistent with the Town General Plan. FINANCIAL IMPACT Staff anticipates no significant fiscal impact to the Town. If/when the property is annexed into the Town, beginning with the effective fiscal year of annexation, a portion of the base property tax revenue will be credited to the Town in an amount equal to 29.5 percent of base property tax revenue held in the County General Fund. This is based on a master agreement with the County of Marin that has been in place since the 1990s. ENVIRONMENTAL REVIEW The prezoning action is considered a “project” under the California Environmental Quality Act (CEQA). Approval of this prezoning application is exempt from the California Environmental Quality Act (CEQA) as outlined in section 15061 (b)(3), which provides that a project is exempt if “[t]he activity is covered by the common sense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Here, as the prezoning will not include any new development and will only assign a residential zoning designation that is consistent with the existing use of the subject area and with the Tiburon General Plan land use designation, the prezoning application will not have a significant effect on the environment. Project level environmental review will be necessary for new development proposal associated with individual parcels. Town Council Meeting November 3, 2021 TOWN OF TIBURON PAGE 5 OF 5 RECOMMENDATION Staff recommends that the Town Council hold first hearing of the proposed ordinance, waiving any additional readings, as follows: 1. The Town Council should hold a public hearing and consider any testimony. 2. If appropriate, move to read by title only and carry the motion; then read the title and hold a roll call vote to pass first reading, waiving any additional readings. 3. If passed for first reading, the ordinance (Exhibit 1) prezoning the subject properties to RO-2 (Residential Open) zoning district will be scheduled for adoption at the next regular meeting of the Council. Exhibit(s): 1. Draft Town Council Ordinance approving prezoning 2. Planning Commission Resolution 2021-005 3. Planning Commission Staff Report for September 8, 2021 meeting 4. Draft Minutes of September 8, 2021 Planning Commission Meeting Prepared By: Christy Fong, Senior Planner EXHIBIT 1 Exhibit 1 TIBURON TOWN COUNCIL Draft Ordinance No. XXX N.S., adopted November 3, 2021 1 ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL PREZONING CERTAIN UNINCORPORATED TERRITORY LOCATED AT AND IN VINICITY OF 4916 RANCH ROAD (ASSESSOR PARCEL NO. 038-053-17, 038-061-14, 038-061-30 and 038-061-27) LOCATED WITHIN THE TIBURON PLANNING AREA AND TOWN OF TIBURON SPHERE OF INFLUENCE TO RO-2 (RESIENTIAL OPEN) ZONING DISTRICT 4916 RANCH ROAD ASSESSOR PARCEL NO. 038-053-17, 038-061-14, 038-061-30 and 038-061-27 The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. RECITALS. 1. The Town of Tiburon is in receipt of an application (File #PZ2021-001), filed by Jacqueline Bos and Eric McCrath Revocable Living Trust, owner of the subject properties, to prezone four parcels (APN 038-053-17, 038-061-14, 038-061-30 and 038-061-27), in a total of 10.45 acres, located at and in vicinity of 4916 Ranch Road within the unincorporated portion of the Town of Tiburon Sphere of Influence and Tiburon Planning Area. 2. On September 8, 2021, the Planning Commission held a duly noticed and advertised public meeting, after receiving public testimony, voted to recommend that the Town Council approve the prezoning for reasons set forth in Planning Commission Resolution No. 2021-005. 3. The Town Council held one or more duly noticed public hearings at which testimony was received and considered from interested persons. The Town Council also received and considered the report and recommendations of the Planning Commission. SECTION 2: FINDINGS. 1. The Town Council finds that the prezoning application is exempt from the California Environmental Quality Act (CEQA) as outlined in section 15061 (b)(3), which provides that a project is exempt if “[t]he activity is covered by the common sense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Here, as the prezoning will not include any new development and will only assign a residential zoning designation that is consistent with the existing use of Exhibit 1 TIBURON TOWN COUNCIL Draft Ordinance No. XXX N.S., adopted November 3, 2021 2 the subject area and with the Tiburon General Plan land use designation, the prezoning application will not have a significant effect on the environment. Project level environmental review will be necessary for new development proposal associated with individual parcels. 2. The prezoning application generally meets the application and submittal requirements contained in Section 16-68. The Town may exercise its discretion to consider the appropriateness of the prezoning request as it relates to the annexation to the Town. The prezoning application has been initiated by the landowner, as allowed by the code, and otherwise meets the application requirements of TMC 16-68.050(A)(1), and has been duly noticed. 3. The Town Council finds that prezoning the subject properties to RO-2 (Residential Open) zoning district is consistent with the Tiburon General Plan 2020 and other applicable plans of the Town (TMC § 16-68.050(A)(2)). The subject area is designated “M” Medium Density Residential in the Tiburon General Plan 2020 Land Use Diagram. This land use category is reserved for properties with typical zoning district of RO-2 (Residential Open). Prezoning the subject area to RO-2 is in close alignment with “M” Medium Density Residential land use category, the general plan’s intended use of the subject area, and it is consistent with the applicable policies contained in Tiburon General Plan 2020. 4. The Town Council finds that the prezoning of the subject properties to RO-2 (Residential Open) zoning district will not be detrimental to the public health, safety, or welfare of the town and is consistent with TMC § 16-68.050(A)(3). The proposed prezoning is compatible with the existing use of adjacent properties in the vicinity and with the Town’s long-term, intended use of adjacent properties, as reflected in the General Plan Land Use Diagram. The existing use of the subject area is single-family residential, which is consistent with uses permitted in the RO-2 zone. The regulations of the RO-2 zone are designed to promote and encourage the maintenance of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone. The RO-2 zone conforms with the General Plan’s land use designation (M) medium density residential, which will implement the goals and policies of the General Plan. Future development on each parcel is required to be compatible with existing land uses, development standards and identified constraints through the Site Plan and Architectural Review Process. The proposed prezoning to RO-2 will not be detrimental to the public health, safety, or welfare of the town. SECTION 3. APPROVAL OF PREZONING. The approximately 10.45 acres of land (Assessor Parcel No. 038-053-17, 038-061-14, 038-061-30 and 038-061-27), as shown on attached Exhibit “A”, is hereby prezoned to RO-2 (Residential Open) Zoning District. Exhibit 1 TIBURON TOWN COUNCIL Draft Ordinance No. XXX N.S., adopted November 3, 2021 3 SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of the court of competent jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable and shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. /// /// /// This Ordinance was introduced at a meeting of the Town Council held on November 3, 2021 and was adopted at a regular meeting of the Town Council of the Town of Tiburon on November 17, 2021, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _______________________ HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: __________________________ LEA STEFANI, TOWN CLERK Exhibit A: Legal Description and Boundary Map EXHIBIT 2 TIBURON PLANNING COMMISSION RESOLUTION NO. 2021-005 SEPTEMBER 8, 2021 1 RESOLUTION NO. 2021-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING ADOPTION OF THE PREZONING OF UNINCORPORATED TERRITORY LOCATED AT AND IN THE VINICITY OF 4916 RANCH ROAD (APN 038-053-17, 038-061-14, 038-061-30 and 038-061-27) WITHIN THE TIBURON PLANNING AREA AND TOWN OF TIBURON SPHERE OF INFLUENCE 4916 RANCH ROAD ASSESSOR PARCEL NO. 038-053-17, 038-061-14, 038-061-30 and 038-061-27 WHEREAS, the subject area consists of four parcels (APN 038-053-17, 038-061-14, 038-061-30 and 038-061-27), in a total of 10.45 acres, located at and in vicinity of 4916 Ranch Road. The subject area is currently located in the unincorporated Marin County area but is located within the Tiburon Planning Area and Town of Tiburon Sphere of Influence; and WHEREAS, the Town of Tiburon received an application (File No. PZ2021-001) from the landowner the Jacqueline Bos and Eric McCrath Revocable Living Trust requesting prezoning of the subject area to Residential Open (RO-2) zoning district; and WHEREAS, the Planning Commission finds that the prezoning application is exempt from the California Environmental Quality Act (CEQA) as outlined in section 15061 (b)(3) because the prezoning does not include any new development; therefore, no changes to existing site conditions will occur as a result of the prezoning; and WHEREAS, notice of the public meeting held on this matter was published in The Ark newspaper on August 25, 2021, and other noticing was provided as may be required by law; and WHEREAS, the Planning Commission held a duly noticed and advertised public meeting on September 8, 2021, at which testimony was received from the public. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the Tiburon Town Council prezone the territory depicted on attached Exhibit “A”, incorporated herein and made a part of this resolution based on the following findings required by TMC section 16-68-050 (A): 1. The prezoning application generally meets the application and submittal requirements contained in Section 16-68. The Town may exercise its discretion to consider the appropriateness of the prezoning request as it relates to the annexation to the Town. The prezoning application has been initiated by the landowner, as allowed by the code, and otherwise meets the application requirements of TMC 16-68.050(A)(1), and has been duly noticed. TIBURON PLANNING COMMISSION RESOLUTION NO. 2021-005 SEPTEMBER 8, 2021 2 2. The proposed prezoning to RO-2 (Residential Open) zoning district is consistent with the Tiburon General Plan 2020 and other applicable plans of the Town (TMC § 16- 68.050(A)(2)). The subject area is designated “M” Medium Density Residential in the Tiburon General Plan 2020 Land Use Diagram. This land use category is reserved for properties with typical zoning district of RO-2 (Residential Open). Prezoning the subject area to RO-2 is in close alignment with “M” Medium Density Residential land use category, the general plan’s intended use of the subject area, and it is consistent with the applicable policies contained in Tiburon General Plan 2020. 3. The proposed prezoning to RO-2 (Residential Open) zoning district will not be detrimental to the public health, safety, or welfare of the town and is consistent with TMC § 16- 68.050(A)(3). The proposed prezoning is compatible with the existing use of adjacent properties in the vicinity and with the Town’s long-term, intended use of adjacent properties, as reflected in the General Plan Land Use Diagram. The existing use of the subject area is single-family residential, which is consistent with uses permitted in the RO-2 zone. The regulations of the RO-2 zone are designed to promote and encourage the maintenance of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone. The RO-2 zone conforms with the General Plan’s land use designation (M) medium density residential, which will implement the goals and policies of the General Plan. Future development on each parcel is required to be compatible with existing land uses, development standards and identified constraints through the Site Plan and Architectural Review Process. The proposed prezoning to RO-2 will not be detrimental to the public health, safety, or welfare of the town. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on September 8, 2021, by the following vote: AYES: COMMISSIONERS: TSAI, WILLIAMS, DEFEVER, AMIR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WOODWARD _______________________________________ JEFF TSAI, CHAIR PLANNING COMMISSION ATTEST: ________________________________________ DINA TASINI, SECRETARY E x h i b i t A EXHIBIT 3 TOWN OF TIBURON Page 1 of 10 STAFF REPORT To: Members of the Planning Commission From: Community Development Department Subject: Consider a recommendation to the Tiburon Town Council of an application (PZ2021-001) to prezone four unincorporated parcels of land totaling approximately 10.45 acres located at and in vicinity of 4916 Ranch Road to RO-2 (residential open) zoning district. The project site consists of Marin County Assessor Parcel No. 038-053-17, 038-061-14, 038-061-30 and 038-061-27. PROJECT DATA ADDRESS: FOUR PARCELS AT AND IN VINICITY OF 4916 RANCH ROAD ASSESSOR’S PARCEL: 038-053-17, 038-061-14, 038-061-30 and 038-061-27 PROPERTY OWNER/APPLICANT: JACQUELINE BOS AND ERIC MCCRATH REVOCABLE LIVING TRUST FILE NUMBER: PZ2021-001 SUBJECT AREA: APPROXIMATELY 10.45 ACRES ZONING: N/A; COUNTY ZONING: BFC-RSP-2.18 GENERAL PLAN: M (MEDIUM DENSITY RESIDENTIAL) FLOOD ZONE: PARTIALLY LOCATED IN AE ZONE (WITHIN 100-YEAR FLOOD EVENT ZONE) SUMMARY The project is a prezoning application to the Town of Tiburon requesting that four parcels, currently located in unincorporated Marin County but within the Tiburon Planning Area and the Town of Tiburon Sphere of Influence, be prezoned to Single-Family Residential Open (RO-2) zoning district, in conjunction with a request to Marin Local Agency Formation Commission (LAFCo) to annex the properties into the Town of Tiburon. The purpose of the prezoning application is to assign land use designation for areas located within the ‘unincorporated island’ of Marin County along Paradise Drive consistent with goals and policies of the Town General Plan. SITE LOCATION The subject area consists of four parcels (the subject area) in a total of 10.45 acres, of which approximately 3.07 acres is dry land and 7.42 acres is submerged or partially submerged land. These parcels are located in the vicinity of 4916 Ranch Road with slopes toward to the San Francisco Bay. One parcel (APN 038-061-30) is developed with an existing single - family residence. The existing TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Planning Commission Meeting September 8, 2021 Agenda Item: PH-2 Planning Commission Meeting September 8, 2021 TOWN OF TIBURON Page 2 of 10 residence has a shed and access to Ranch Road via a driveway on another parcel (APN 038-053-17). The other two parcels (APN 038-061-14 and 038-061-27) are primarily undeveloped with stands of mature trees and other vegetation. The subject parcels are located within the Paradise Drive Annexation area as depicted on the Diagram 2.5-1 Annexation Areas of the Town General Plan 2020. The Annexation Area includes lands that are located within the Town’s Sphere of Influence and are currently located within the County of Marin. The subject parcels are located in an “unincorporated island” of Marin County that include Paradises Cay to the south. Other adjacent land uses include the San Francisco Bay to the east, Paradise Drive to the west, and single-family residential (RO-2) zoned properties in the Town of Tiburon to the west and north. Exhibit 2 includes a vicinity and location map, and additional maps that show the project site boundaries, adjacent land uses, existing jurisdictional boundaries, and land use designations as depicted on MarinMap. ANALYSIS Statutory Authority and Procedure Prezoning is a process whereby territory is assigned a zoning designation by a municipality while that territory remains unincorporated. Prezoning establishes a future zoning designation for property in the event that the territory is annexed into that municipality in the future. Municipalities may choose to prezone unincorporated territory within their Planning Area at any time and do not need a property owner application to do so. Prezoning is authorized by Section 65859 of the California Government Code, which states in full as follows: Section 65859 of the California Government Code. (a) A city may, pursuant to this chapter, prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the city. The zoning shall become effective at the same time that the annexation becomes effective. (b) Pursuant to Section 56375, those cities subject to that provision shall complete prezoning proceedings as required by law. (c) If a city has not prezoned territory which is annexed, it may adopt an interim ordinance pursuant to Section 65858. Prezoning must be consistent with a municipality’s general plan. This means the Town should apply a prezoning designation that closely matches the general plan’s ultimate intended use of the property. Prezoning applications follow the same procedure as a common rezoning proposal and require public hearings before the Planning Commission and Town Council prior to approval. Tiburon General Plan 2020 The subject area is located in unincorporated Marin County within the Town of Tiburon’s Planning Area and Sphere of Influence. Land Use Diagram 2.2-1 contained in the Town of Tiburon General Plan 2020 designates the subject area as “M” Medium Density Residential – up to 3.0 dwelling units Planning Commission Meeting September 8, 2021 TOWN OF TIBURON Page 3 of 10 per acre, with typical zoning district as RO-2 Residential Open of minimum lot size of 20,000 square feet. Text included in the General Plan Land Use Element makes it clear that maximum densities included in the general plan are considered to be achievable only if applicants for development of these properties demonstrate compliance and consistency with policies of the General Plan, including the policies of the Open Space & Conservation and Safety Elements. The General Plan Land Use Element also makes it clear development shall consider environmental and site constraints when achieving the maximum density and project level environmental review will be necessary for any development proposal associated with these properties. The following General Plan goals and policies are most relevant to the proposed prezoning, which are outlined to help facilitate the Commission’s discussion when evaluating the project: • Land Use Element LU-C: To preserve the character of the Tiburon peninsula through control of the type and location of development. LU-H: To protect and preserve existing neighborhood character and identity. LU-I: To encourage intensity of development, density, and house sizes/architectural styles that are consistent and compatible with surrounding neighborhoods. LU-3: The Town shall strive to preserve to the greatest extent feasible wildlife habitat in the open spaces, shoreline, marshes, mudflats, woodlands, and other biologically sensitive areas. LU-4: Future land use decisions shall be consistent with the Land Use Diagram, Proposed Land Use. Densities and intensities specified in the Land Use Element are maximums (except for state- mandated bonuses for affordable housing or other density bonuses specifically provided for in the Housing Element) that may not be achieved if other policies of the General Plan pertaining to environmental, physical or other constraints such as steep slopes, soil instability or limitations on necessary infrastructure require lower densities or intensities. LU-5: New Development shall be in harmony with adjacent neighborhoods and open spaces. LU-6: The Town shall closely consider the environmental constraints of land and Prime Open Space preservation and other General Plan policies through the development review process in determining the location, type, and density and/or intensity of development. LU-7: Development should be located on the least environmentally sensitive, including habitat in the open spaces, shoreline, marshes, mudflats, and other biologically sensitive areas, and least hazardous portions of the land wherever feasible to promote sound land development and planning practices. Special emphasis shall be placed on keeping significant ridgelines open and unobstructed to the maximum extent feasible. LU-8: Sewer, water and other essential infrastructure improvements must be available to the developer to serve new development by the time of completion of construction. Developers shall Planning Commission Meeting September 8, 2021 TOWN OF TIBURON Page 4 of 10 participate in the funding of essential expanded infrastructure to the maximum extent allowed by law. LU-9: The town shall coordinate with urban service providers such as Marin municipal water district and the sanitary districts to ensure that they have the capacity to serve new development. LU-28: The town shall, through prezoning and annexation processes, add land to the town when such action will materially enhance the community or substantially further the goals and policies of the general plan. LU-29: The Town recognizes that the unincorporated Paradise Drive area is an ‘island’ completely surrounded by the Town of Tiburon and that the area is functionally a part of Tiburon, and therefore supports the annexation of the area into Tiburon at such time as annexation is economically, procedurally, and otherwise viable. LU-31: Factors to be considered in annexation requests include: resident/property owner interest, cost/revenue and other fiscal implications, the nature and extent of necessary infrastructure, streets, parking, utilities and other facilities, and the feasibility of extending Town services to the annexation area without adversely affecting levels of service provided to current Town residents and property owners. LU-32: Timing of annexation of property shall be determined, or recorded future annexation agreements shall be required early in the development review/entitlement process. LU-33: Annexation requests may be processed by the Marin Local Agency Formation Commission (LAFCO) concurrently with development applications by the Town. LU-34: The Town shall pre-zone property consistent with this General plan when an annexation is imminent or when the Town deems prezoning timely and appropriate. LU-36: The Town supports the LAFCo's dual annexation policy, including implementation through future annexation agreements when immediate annexation is not appropriate. • Circulation Element Goal C-H Paradise Drive. To cooperatively plan for the maintenance and improvement of Paradise Drive. Policy C-31 Access. The Town shall attempt to work with the County of Marin to secure safe and reliable access for all users to and from the northeastern side of the Tiburon Peninsula along Paradise Drive. Due to the very high maintenance costs associated with Paradise Drive, the Town will avoid taking on the burden of maintaining additional portions of Paradise Drive unless a suitable and stable ongoing source of funding is established. Consistency with Tiburon General Plan 2020 The proposed prezoning to RO-2 (Residential Open) is consistent with Tiburon General Plan 2020. As noted above, the subject area is designated as “M-Medium Density Residential” in the Tiburon Planning Commission Meeting September 8, 2021 TOWN OF TIBURON Page 5 of 10 General Plan 2020 Land Use Diagram. This land use category is reserved for single-family neighborhoods. • Land Use Policies LU-C, LU-H, LU-I, LU-3, LU-4, LU-5, LU-6, LU-7, LU-8 and LU-9 These policies relate to several important topics including environmental resources, site planning, neighborhood character, design review, views, shoreline public access and future subdivision of property. The current proposal in question is pertaining to a prezoning application, where decision review body will consider the proposed zoning designation and its consistency with the goals and policies set forth in the Town’s General Plan. Prezoning the properties to RO-2 zoning designation is in close alignment with the “M” land use designation category found in the Town’s General Plan. The proposed residential use is for single- family development, which is consistent with the applicable policies contained in Tiburon General Plan 2020. The applicant has been proactively working with relevant agencies to ensure essential services and utilities are available to serve future single-family development. Other issues relating to house location, size, architectural style, compatibility of new development with adjacent neighborhood and open spaces will be addressed at the time where new development of each property is proposed for design review when separate environmental review will be conducted at project-level. • Land Use Policies LU-28, LU-29, LU-31, LU-32, LU-33, LU-34 and LU-36 These policies relate to annexation, prezoning and Marin LAFCo's dual annexation policy, and are appropriate to consider at this prezoning stage. The proposed prezoning to RO-2 (Residential Open) is consistent with the above Land Use policies. Tiburon General Plan 2020 acknowledges that properties along Paradise Drive are the most likely to be annexed to the Town through application of the Dual Annexation Policy. However, the Town’s financial ability to provide road maintenance and adequate drainage and other facilities for Paradise Drive right-of-way, if annexed to the Town, would be an enormous drain on the Town’s General Fund. One of the Implementing Programs identified in the Land Use Element is LU-f which reads as follows: The Town, in conjunction with LAFCo and the County of Marin, shall conduct a study to establish the true cost and other implications of annexing Paradise Drive and work to create with the County of Marin and LAFCo a viable financing plan which would make annexation of properties in the Paradise Drive area feasible and fiscally acceptable to the Town. The applicant has initiated the annexation process in conjunction of this prezoning application. Paradise Drive is not part of the prezoning application and will not be part of the annexation application. The segment of Paradise Drive that bounds the subject area would remain under the jurisdiction and responsibility of the County of Marin. Please see discussion below under Policy C- 31 regarding maintenance of Paradise Drive. The Town may exercise its discretion to consider the appropriateness of the prezoning request as it relates to the timing of the annexation to the Town when such action will materially enhance the community or substantially further the goals and policies of the general plan. Planning Commission Meeting September 8, 2021 TOWN OF TIBURON Page 6 of 10 • Circulation Element Policy C-31 This policy relates to the high maintenance costs associated with Paradise Drive. The proposed prezoning does not conflict with this policy. As noted above, Paradise Drive was not part of the annexation application, nor is it part of the prezoning request currently before the Town. The Town will continue to work with the County of Marin regarding annexing Paradise Drive as required by the Town’s General Plan. However, the Town will be cautious in taking on the burden of maintaining additional portions of Paradise Drive unless a suitable and stable ongoing source of funding is established. Tiburon Municipal Code: Chapter 16 - Zoning • Section 16-21.020 - Purposes of the Residential Zones The purpose of residential zones is stated in Section 16-21 of the Tiburon Municipal Code. Section 16-21.020(C) is titled: RO (residential open) zone. The RO zone is intended to promote and encourage the maintenance of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone. There are two RO zones, RO-1 and RO-2, each having its own development standards. The permitted and conditional uses are the same for both zones. The RO-1 zone conforms with general plan land use designation medium low density (ML). The RO-2 zone conforms with general plan land use designation medium density (M). Consistency with the Purposes of the Residential Zones In this case, the prezoning request by the landowner is to prezone the subject area to RO-2 – Residential Open. As noted above, the RO-2 zone conforms with the Medium Density residential land use designation that is set forth in the Town’s General Plan, and it is consistent with the existing land use and the intended land use of the subject area. Consistent with the purposes found in the zoning code, the proposed RO-2 zoning district will “promote and encourage the maintenance of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone” in the subject area. Given the existing use, size, location and characteristics of the subject area, RO-2 is an appropriate zoning district. • 16-21.030 - Residential zones allowable land uses and permit requirements Table 2-1 of the Zoning Ordinance identifies the uses allowed in residential zones, and the zoning permit required to establish each use. The following uses are allowed in the RO zone as a “permitted use” (i.e. no Conditional Use Permit is required, though other approvals may be required): Public park Home occupation Intermediate or community care facility Accessory dwelling unit or junior accessory dwelling unit (ministerial permit required) Single-family dwelling Single-family dwelling providing room/board for 1 paying guest for a minimum of 31 consecutive days (vacation rentals not permitted); and Planning Commission Meeting September 8, 2021 TOWN OF TIBURON Page 7 of 10 Transitional, supportive housing Child day-care facilities, small family home day-care up to 8 children Child day-care facilities, large family home day-care 9 to 14 children (ministerial permit required) A broader range of uses are allowed in the RO zone with approval of a Conditional Use Permit, including but not limited to: • Agriculture, including aviaries • Equestrian facility • Golf course/country club • Library, museum • Parochial or other nonprofit school • Philanthropic or charitable facility • Private residential recreation facility • Playground • Publicly owned building or facility • Religious places of worship • Bed and breakfast facility (B&B) • Child daycare center - 15 or more children • Medical services (hospital) • Real estate tract office • Wireless communication facility or public utility communication equipment building Consistency with Residential zones allowable land uses and permit requirements In this case, the purpose of the prezoning is to facilitate annexation into the Town, consistent with the Marin LAFCo Dual Annexation Policy and the Town’s General Plan. The existing use of the subject area is single-family residential, which is consistent with uses permitted in the RO-2 zone. Upon prezoning and annexation, the applicant intends to voluntarily merge three of the parcels (APN 038-053-17, 038-061-14, 038-061-30) into one parcel for the demolition of existing and construction a new single-family residence on a newly created parcel. The remaining parcel (APN 038-061-27) is intended to remain vacant. Lot merger requests initiated by property owners will be reviewed pursuant to the Subdivision Map Act and will follow the review process in the Tiburon Municipal Code (TMC) Chapter 14-5.503. Any future development and improvements on each parcel will be subject to Site Plan and Architectural Review and its process pursuant to TMC Chapter 16-52.020. Based on the above, the existing and proposed land uses of the subject area are consistent with the allowable land uses for RO-2 residential zone in this prezoning application. • Section 16-68.030 Prezoning and Annexations A. Prezoning. The prezoning of unincorporated territory adjoining the town, or within its sphere of influence, may be initiated by request of the director to the commission, by resolution of intention of the commission on its own motion, by request of the council to the commission, or by petition of the owner or owners of land in the unincorporated territory. The procedures set forth in this section for amending the zoning ordinance shall govern the Planning Commission Meeting September 8, 2021 TOWN OF TIBURON Page 8 of 10 prezoning of any territory, and such prezoning shall become effective at the time of annexation of the territory to the town. In this case, the subject area is located within the unincorporated territory adjoining the Town and is located within the Town’s sphere of influence. This prezoning application was initiated by the landowner, the Jacqueline Bos and Eric McCrath Revocable Living Trust, as part of the annexation process consistent with Marin LAFCo’s Dual Annexation Policy and the Town’s General Plan. Upon prezoning, it is the intent of the applicant to complete the annexation of the subject area to the Town following the annexation process with Marin LAFCo. B. Annexations. Where unincorporated territory has been prezoned in compliance with the procedures prescribed in subsection [16-68.030(A)] above, the existing county zoning shall remain in effect until the territory has been annexed to the town at which time the zone applied by the prezoning action shall become effective. The subject area currently has a county zoning designation of BFC-RSP-2.18 (Residential, Single-Family, Planned). The County zoning designation will remain in effect until the subject area has been annexed to the Town, at which time the zone applied by the prezoning action will become effective. The Tiburon Municipal Code further provides in 16-68.030: Where a prezoning action has not taken place, all territory hereafter annexed to the town shall simultaneously with such action be classified in the Residential Planned Development (RPD) zone, and shall be so shown on the zoning map until such time as the property is rezoned consistent with the general plan. In this case, when the prezoning action of RO-2 has not taken place, the subject areas may be annexed to the Town and simultaneously classified as Residential Planning Development (RPD) until such time as the subject area is rezoned to be consistent with the general plan. • Section 16-68.050 Commission Findings for Amendments to the Zoning Ordinance As outlined in Section 16-68.050 of the Tiburon Municipal Code, to make an amendment to the Zoning Ordinance, the Commission shall, by resolution, recommend that the council approve the proposed prezoning if it makes the findings below: 1. The prezoning is consistent with the requirements herein. The prezoning application generally meets the application and submittal requirements contained in Section 16-68. The Town may exercise its discretion to consider the appropriateness of the prezoning request as it relates to the annexation to the Town. The prezoning application has been initiated by the landowner, as allowed by the code, and otherwise meets the application requirements of TMC 16-50, and has been duly noticed. 2. The prezoning is consistent with the general plan and any other applicable plans of the town. Planning Commission Meeting September 8, 2021 TOWN OF TIBURON Page 9 of 10 The proposed prezoning to RO-2 (Residential Open) is consistent with the Tiburon General Plan 2020. As noted above, the subject area is designated “M” Medium Density Residential in the Tiburon General Plan 2020 Land Use Diagram. This land use category is reserved for properties with typical zoning district of RO-2 (Residential Open). Prezoning the subject area to RO-2 is in close alignment with “M” Medium Density Residential land use category, the general plan’s intended use of the subject area, and it is consistent with the applicable policies contained in Tiburon General Plan 2020 as outlined in this report. 3. The change of zone, change of zone boundaries, or other proposed amendment, will not be detrimental to the public health, safety, or welfare of the town. The prezoning to RO-2 (Residential Open) will not be detrimental to the public health, safety, or welfare of the town because this zone is compatible with the existing use of adjacent properties in the vicinity and with the Town’s long-term, intended use of adjacent properties, as reflected in the General Plan Land Use Diagram. The existing use of the subject area is single-family residential, which is consistent with uses permitted in the RO-2 zone. The regulations of the RO-2 zone are designed to promote and encourage the maintenance of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone. The RO-2 zone conforms with the General Plan’s land use designation (M) medium density residential, which will implement the goals and policies of the General Plan. Future development on each parcel is required to be compatible with existing land uses, development standards and identified constraints through the Site Plan and Architectural Review Process. The proposed prezoning to RO-2 will not be detrimental to the public health, safety, or welfare of the town. Based on the staff analysis contained in this report, sufficient evidence is found to support the required findings. The Planning Commission may wish to consider and deliberate whether they agree with the analysis contained within the report. ENVIRONMENTAL REVIEW The prezoning action is considered a “project” under the California Environmental Quality Act (CEQA). Approval of this prezoning application is exempt from the California Environmental Quality Act (CEQA) as outlined in section 15061 (b)(3), which provides that a project is exempt if “[t]he activity is covered by the common sense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Here, as the prezoning will not include any new development and will only assign a residential zoning designation that is consistent with the existing use of the subject area and with the Tiburon General Plan land use designation, the prezoning application will not have a significant effect on the environment. Project level environmental review will be necessary for new development proposal associated with individual parcels. RECOMENDATION Staff recommends that the Planning Commission: Planning Commission Meeting September 8, 2021 TOWN OF TIBURON Page 10 of 10 1. Open the public hearing and take any public testimony 2. Adopt the Resolution recommending Town Council approval of prezoning (Exhibit 1) Alternatively, if the commission cannot make the required findings, staff recommends that the Commission state its reasons why the findings cannot be made, deny the prezoning application, and direct staff to prepare a draft report of its findings and transmit to the Town Council. EXHIBITS 1. Draft Resolution Recommending Town Council approval of Prezoning 2. Vicinity and Location Maps 3. Prezoning Application submitted June 10, 2021, revised on August 18, 2021 (incl. land survey and legal description) Exhibit 1 TIBURON PLANNING COMMISSION RESOLUTION NO. 2021-0XX SEPTEMBER 8, 2021 1 RESOLUTION NO. 2021-0XX A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING ADOPTION OF THE PREZONING OF UNINCORPORATED TERRITORY LOCATED AT AND IN THE VINICITY OF 4916 RANCH ROAD (APN 038-053-17, 038-061-14, 038-061-30 and 038-061-27) WITHIN THE TIBURON PLANNING AREA AND TOWN OF TIBURON SPHERE OF INFLUENCE 4916 RANCH ROAD ASSESSOR PARCEL NO. 038-053-17, 038-061-14, 038-061-30 and 038-061-27 WHEREAS, the subject area consists of four parcels (APN 038-053-17, 038-061-14, 038-061-30 and 038-061-27), in a total of 10.45 acres, located at and in vicinity of 4916 Ranch Road. The subject area is currently located in the unincorporated Marin County area but is located within the Tiburon Planning Area and Town of Tiburon Sphere of Influence; and WHEREAS, the Town of Tiburon received an application (File No. PZ2021-001) from the landowner the Jacqueline Bos and Eric McCrath Revocable Living Trust requesting prezoning of the subject area to Residential Open (RO-2) zoning district; and WHEREAS, the Planning Commission finds that the prezoning application is exempt from the California Environmental Quality Act (CEQA) as outlined in section 15061 (b)(3) because the prezoning does not include any new development; therefore, no changes to existing site conditions will occur as a result of the prezoning; and WHEREAS, notice of the public meeting held on this matter was published in The Ark newspaper on August 25, 2021, and other noticing was provided as may be required by law; and WHEREAS, the Planning Commission held a duly noticed and advertised public meeting on September 8, 2021, at which testimony was received from the public. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the Tiburon Town Council prezone the territory depicted on attached Exhibit “A”, incorporated herein and made a part of this resolution based on the following findings required by TMC section 16-68-050 (A): 1. The prezoning application generally meets the application and submittal requirements contained in Section 16-68. The Town may exercise its discretion to consider the appropriateness of the prezoning request as it relates to the annexation to the Town. The prezoning application has been initiated by the landowner, as allowed by the code, and otherwise meets the application requirements of TMC 16-68.050(A)(1), and has been duly noticed. Exhibit 1 TIBURON PLANNING COMMISSION RESOLUTION NO. 2021-0XX SEPTEMBER 8, 2021 2 2. The proposed prezoning to RO-2 (Residential Open) zoning district is consistent with the Tiburon General Plan 2020 and other applicable plans of the Town (TMC § 16- 68.050(A)(2)). The subject area is designated “M” Medium Density Residential in the Tiburon General Plan 2020 Land Use Diagram. This land use category is reserved for properties with typical zoning district of RO-2 (Residential Open). Prezoning the subject area to RO-2 is in close alignment with “M” Medium Density Residential land use category, the general plan’s intended use of the subject area, and it is consistent with the applicable policies contained in Tiburon General Plan 2020. 3. The proposed prezoning to RO-2 (Residential Open) zoning district will not be detrimental to the public health, safety, or welfare of the town and is consistent with TMC § 16- 68.050(A)(3). The proposed prezoning is compatible with the existing use of adjacent properties in the vicinity and with the Town’s long-term, intended use of adjacent properties, as reflected in the General Plan Land Use Diagram. The existing use of the subject area is single-family residential, which is consistent with uses permitted in the RO-2 zone. The regulations of the RO-2 zone are designed to promote and encourage the maintenance of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone. The RO-2 zone conforms with the General Plan’s land use designation (M) medium density residential, which will implement the goals and policies of the General Plan. Future development on each parcel is required to be compatible with existing land uses, development standards and identified constraints through the Site Plan and Architectural Review Process. The proposed prezoning to RO-2 will not be detrimental to the public health, safety, or welfare of the town. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on September 8, 2021, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: _______________________________________ JEFF TSAI, CHAIR PLANNING COMMISSION ATTEST: ________________________________________ DINA TASINI, SECRETARY E x h i b i t A APN 038-053-17 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Project Location Map - Aerial Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Stream - Perennial (NHD) Exhibit 2 APN 038-061-14 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Project Location Map - Aerial Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Stream - Perennial (NHD) APN 038-061-27 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Project Location Map - Aerial Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Stream - Perennial (NHD) APN 038-061-30 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Project Location Map - Aerial Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Stream - Perennial (NHD) APN 038-053-17 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 2,418 © Latitude Geographics Group Ltd. 403.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet403.00201.49 Notes Project Location Map Legend Parcel Note easement centerline Address Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Stream - Perennial (NHD) APN 038-061-14 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 2,418 © Latitude Geographics Group Ltd. 403.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet403.00201.49 Notes Project Location Map Legend Parcel Note easement centerline Address Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Stream - Perennial (NHD) APN 038-061-27 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 2,418 © Latitude Geographics Group Ltd. 403.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet403.00201.49 Notes Project Location Map Legend Parcel Note easement centerline Address Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Stream - Perennial (NHD) APN 038-061-30 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 2,418 © Latitude Geographics Group Ltd. 403.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet403.00201.49 Notes Project Location Map Legend Parcel Note easement centerline Address Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Stream - Perennial (NHD) APN 038-053-17 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Town of Tiburon Zoning Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Tiburon Zoning Single Family Residential Bel Aire Single Family Residential Modified Single Family Residential Residential Open (40,000 Sq. Ft.) Residential Open (20,000 Sq. Ft.) Two-Family Residential Multi-Family Residential Residential Planned Development Residential Multiple Planned Residential Multiple Planned/Affordable Housing Overlay Marine Office Neighborhood Commercial Neighborhood Commercial/Affordable Housing Overlay Village Commercial Public/Quasi-Public Open Space Parks and Recreation Ocean and Bay APN 038-061-14 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Town of Tiburon Zoning Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Tiburon Zoning Single Family Residential Bel Aire Single Family Residential Modified Single Family Residential Residential Open (40,000 Sq. Ft.) Residential Open (20,000 Sq. Ft.) Two-Family Residential Multi-Family Residential Residential Planned Development Residential Multiple Planned Residential Multiple Planned/Affordable Housing Overlay Marine Office Neighborhood Commercial Neighborhood Commercial/Affordable Housing Overlay Village Commercial Public/Quasi-Public Open Space Parks and Recreation Ocean and Bay APN 038-061-27 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Town of Tiburon Zoning Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Tiburon Zoning Single Family Residential Bel Aire Single Family Residential Modified Single Family Residential Residential Open (40,000 Sq. Ft.) Residential Open (20,000 Sq. Ft.) Two-Family Residential Multi-Family Residential Residential Planned Development Residential Multiple Planned Residential Multiple Planned/Affordable Housing Overlay Marine Office Neighborhood Commercial Neighborhood Commercial/Affordable Housing Overlay Village Commercial Public/Quasi-Public Open Space Parks and Recreation Ocean and Bay APN 038-061-30 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Town of Tiburon Zoning Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Tiburon Zoning Single Family Residential Bel Aire Single Family Residential Modified Single Family Residential Residential Open (40,000 Sq. Ft.) Residential Open (20,000 Sq. Ft.) Two-Family Residential Multi-Family Residential Residential Planned Development Residential Multiple Planned Residential Multiple Planned/Affordable Housing Overlay Marine Office Neighborhood Commercial Neighborhood Commercial/Affordable Housing Overlay Village Commercial Public/Quasi-Public Open Space Parks and Recreation Ocean and Bay APN 038-053-17 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Town of Tiburon General Plan Land Use Designation Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Tiburon General Plan NC/AHO Neighborhood Commercial/Affordable Housing Overlay (up to 0.31 FAR & 15.3 du/acre, 20.7 du/acre with density bonus) Bay H High Density Residential (up to 11.6 du/acre) L Low Density Residential (up to 0.5 du/acre) M Medium Density Residential (up to 3.0 du/acre) MH Medium High Density Residential (up to 4.4 du/acre) ML Medium Low Density Residential (up to 1.1 du/acre) NC Neighborhood Commercial (up to 0.37 FAR) O Office (up to 1.0 FAR) OS Open Space (up to 0.1 FAR for existing buildings, no new buildings allowed) P Public/Quasi-Public (up to 1.0 FAR) Parks & Recreation (up to 0.1 FAR) PD-R Planned Development - Residential (up to 1.0 du/acre) See Section 2.2 (pp. 2-5 - 2-10) of the Land Use Element for site information SC Shopping Commercial (up to 0.5 FAR) VC Village Commercial (up to 0.28 FAR) VH Very High Density Residential (up to 11.6 du/acre) Ocean and Bay APN 038-061-14 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Town of Tiburon General Plan Land Use Designation Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Tiburon General Plan NC/AHO Neighborhood Commercial/Affordable Housing Overlay (up to 0.31 FAR & 15.3 du/acre, 20.7 du/acre with density bonus) Bay H High Density Residential (up to 11.6 du/acre) L Low Density Residential (up to 0.5 du/acre) M Medium Density Residential (up to 3.0 du/acre) MH Medium High Density Residential (up to 4.4 du/acre) ML Medium Low Density Residential (up to 1.1 du/acre) NC Neighborhood Commercial (up to 0.37 FAR) O Office (up to 1.0 FAR) OS Open Space (up to 0.1 FAR for existing buildings, no new buildings allowed) P Public/Quasi-Public (up to 1.0 FAR) Parks & Recreation (up to 0.1 FAR) PD-R Planned Development - Residential (up to 1.0 du/acre) See Section 2.2 (pp. 2-5 - 2-10) of the Land Use Element for site information SC Shopping Commercial (up to 0.5 FAR) VC Village Commercial (up to 0.28 FAR) VH Very High Density Residential (up to 11.6 du/acre) Ocean and Bay APN 038-061-27 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Town of Tiburon General Plan Land Use Designation Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Tiburon General Plan NC/AHO Neighborhood Commercial/Affordable Housing Overlay (up to 0.31 FAR & 15.3 du/acre, 20.7 du/acre with density bonus) Bay H High Density Residential (up to 11.6 du/acre) L Low Density Residential (up to 0.5 du/acre) M Medium Density Residential (up to 3.0 du/acre) MH Medium High Density Residential (up to 4.4 du/acre) ML Medium Low Density Residential (up to 1.1 du/acre) NC Neighborhood Commercial (up to 0.37 FAR) O Office (up to 1.0 FAR) OS Open Space (up to 0.1 FAR for existing buildings, no new buildings allowed) P Public/Quasi-Public (up to 1.0 FAR) Parks & Recreation (up to 0.1 FAR) PD-R Planned Development - Residential (up to 1.0 du/acre) See Section 2.2 (pp. 2-5 - 2-10) of the Land Use Element for site information SC Shopping Commercial (up to 0.5 FAR) VC Village Commercial (up to 0.28 FAR) VH Very High Density Residential (up to 11.6 du/acre) Ocean and Bay APN 038-061-30 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Town of Tiburon General Plan Land Use Designation Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Tiburon General Plan NC/AHO Neighborhood Commercial/Affordable Housing Overlay (up to 0.31 FAR & 15.3 du/acre, 20.7 du/acre with density bonus) Bay H High Density Residential (up to 11.6 du/acre) L Low Density Residential (up to 0.5 du/acre) M Medium Density Residential (up to 3.0 du/acre) MH Medium High Density Residential (up to 4.4 du/acre) ML Medium Low Density Residential (up to 1.1 du/acre) NC Neighborhood Commercial (up to 0.37 FAR) O Office (up to 1.0 FAR) OS Open Space (up to 0.1 FAR for existing buildings, no new buildings allowed) P Public/Quasi-Public (up to 1.0 FAR) Parks & Recreation (up to 0.1 FAR) PD-R Planned Development - Residential (up to 1.0 du/acre) See Section 2.2 (pp. 2-5 - 2-10) of the Land Use Element for site information SC Shopping Commercial (up to 0.5 FAR) VC Village Commercial (up to 0.28 FAR) VH Very High Density Residential (up to 11.6 du/acre) Ocean and Bay APN 038-053-17 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Marin County Zoning + Overlay Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Zoning Overlay Bayfront Conservation Coastal Primary Floodway Public Facility Zoning A-Agriculture and Conservation Agriculture Limited Coastal Zone A2-Agriculture Limited AP-Admin and Professional APR-Agriculture Residential Planned APZ-Agriculture Production Zone C1-Retail Business CP-Planned Commercial H1-Limited Roadside Business IP-Industrial Planned M3-Industrial High Density PF-Public Facilities OA-Open Area OP-Planned Office R1-Residential Single Family R2-Residential Two Family RA-Residential Agriculture RCR-Resort and Commercial Recreation APN 038-061-14 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Marin County Zoning + Overlay Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Zoning Overlay Bayfront Conservation Coastal Primary Floodway Public Facility Zoning A-Agriculture and Conservation Agriculture Limited Coastal Zone A2-Agriculture Limited AP-Admin and Professional APR-Agriculture Residential Planned APZ-Agriculture Production Zone C1-Retail Business CP-Planned Commercial H1-Limited Roadside Business IP-Industrial Planned M3-Industrial High Density PF-Public Facilities OA-Open Area OP-Planned Office R1-Residential Single Family R2-Residential Two Family RA-Residential Agriculture RCR-Resort and Commercial Recreation APN 038-061-27 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Marin County Zoning + Overlay Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Zoning Overlay Bayfront Conservation Coastal Primary Floodway Public Facility Zoning A-Agriculture and Conservation Agriculture Limited Coastal Zone A2-Agriculture Limited AP-Admin and Professional APR-Agriculture Residential Planned APZ-Agriculture Production Zone C1-Retail Business CP-Planned Commercial H1-Limited Roadside Business IP-Industrial Planned M3-Industrial High Density PF-Public Facilities OA-Open Area OP-Planned Office R1-Residential Single Family R2-Residential Two Family RA-Residential Agriculture RCR-Resort and Commercial Recreation APN 038-061-30 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 9,672 © Latitude Geographics Group Ltd. 1,611.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet1,611.90805.97 Notes Marin County Zoning + Overlay Legend Parcel Note easement centerline Parcel Condominium Common Area Mobile Home Pad City Community Marin County Legal Boundary Other Bay Area County Zoning Overlay Bayfront Conservation Coastal Primary Floodway Public Facility Zoning A-Agriculture and Conservation Agriculture Limited Coastal Zone A2-Agriculture Limited AP-Admin and Professional APR-Agriculture Residential Planned APZ-Agriculture Production Zone C1-Retail Business CP-Planned Commercial H1-Limited Roadside Business IP-Industrial Planned M3-Industrial High Density PF-Public Facilities OA-Open Area OP-Planned Office R1-Residential Single Family R2-Residential Two Family RA-Residential Agriculture RCR-Resort and Commercial Recreation 4916 Ranch Road Tiburon, CA 94920 3.07 ac. dry land* 038-053-17, 038-061-14, 038-061-27, 038-061-30 The Jacqueline Bos and Eric McCrath Revocable Living Trust 210 Francisco Street, San Francisco, CA 94133 415 503 8174 jacquibos@gmail.com Jacqueline Bos, Trustee 210 Francisco Street, San Francisco, CA 94133 415 503 8174 jacquibos@gmail.com BFC-RSP-2.18 Sean Bailey 263 10th Avenue, San Francisco, CA 94118 303 564 6052 sean.bailey1014@gmail.com x x Lot Merger (Marin County) We request a lot merger of lots 038-053-17, 038-061-14, 038-061-30 (but not 038-061-27). Our Town of Tiburon neighbors are zoned as RO-2. We intend to apply for design review to replace the current single family house with another single family house. We request prezoning to transfer four Unincorporated Marin County lots to the Town of Tiburon. *The property is 3.07 acres of dry land and 7.46 acres of submerged land. Exhibit 3 A u g u s t 1 8 , 2 0 2 1 ATTACHMENT 2 July 12, 2021 210 Francisco Street San Francisco, CA 94133 Christy Fong Senior Planner Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: 4916 Ranch Road APNs: 038-061-30, 038-0761-14, 038-053-17, 038-061-27. Your file number: PZ2021-001 I refer to our prezoning application dated May 24, 2021 and your letter dated July 3, 2021. Intent of Application Our application is being made to further Marin LAFCo’s policy 4.8(G) 4 and Policy LU-29 from the Tiburon General Plan which encourages annexation of unincorporated areas of “islands” to cities entirely or substantially surrounded by the affected corporate limit to provide more orderly local governmental boundaries and cost-efficiencies. Planning Commission Findings under Tiburon Municipal Code Chapter 16-68.050 The proposed annexation and prezoning application and process has been prepared in compliance with and complies with the requirements of Tiburon Municipal Code Chapter 16-68.050, thus complying with required finding A.1, extracted here: 4 https://www.marinlafco.org/files/60689d327/%5BUPDATED%5D+Policy+Handbook+April+2019+-+Revised+Dec+2020.pdf A.2: Prezoning the land to R0-2 zone is consistent with the Tiburon General Plan because the General Plan designates the subject parcel to be zoned in an M medium density residential zone which is typically zoned as RO-2, Residential Open. From Tiburon General Plan Land Use Diagram 2.2-1 From Tiburon General Plan page 2.3. Prezoning of the property to RO-2 is also consistent with sound land use planning principles given the size, location and characteristics of the subject property. All immediate neighbors in the Town of Tiburon, including 4940 Ranch Rd., 4850, 4801, and 4875 Paradise Drive. Further, prezoning the land to R0-2 zone is consistent with the applicable policies contained in Tiburon General Plan 2020, as discussed in Exhibit A to this letter. 2 SUBJECT PROPERTY TIBURON PROPERTIESZONED RO-2 A.3: Prezoning the land to R0-2 zone will not be detrimental to the public health, safety, or welfare of the Town because this zone is compatible with the existing use of adjacent properties and with the Town’s long-term, intended use of adjacent properties, as reflected in the General Plan Land Use Diagram 2.2-1. The existing use of the site is residential, which is consistent with uses permitted in the R0-2 zone. The regulations of the R0-2 zone are intended to promote and encourage the maintenance of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone. Utilities You requested a description of existing and proposed capacity of utilities. Utility Existing Proposed Sewer & Septic Septic Sewer Water treatment None Gray water treatment system Water ⅝ ” meter 1” meter Electric 100 Amp panel with above-ground lines 400 Amp panel (underground lines) + 80KW solar + Tesla batteries Gas Partially buried ¾” line Buried ¾” line Phone, television, and internet Cable Cable Timing We would like to submit our annexation request to LAFCo for consideration at their October 14, 2021 meeting. This should lead to a certificate of completion in early November 2021. LAFCo requested our completed application materials for this meeting by September 7, 2021. Please contact me with any further questions. Yours sincerely, Jacqueline Bos 415 503 8174 jacquibos@gmail.com 3 Jacqui Bos Schedule A -- Analysis of Applicable Policies from Tiburon General Plan The following General Plan Policies are most relevant to the proposed prezoning: Land Use Element LU-3:The Town shall strive to preserve to the greatest extent feasible wildlife habitat in the open spaces, shoreline, marshes, mudflats, woodlands, and other biologically sensitive areas. LU-4:Future land use decisions shall be consistent with the Land Use Diagram, Proposed Land Use. Densities and intensities specified in the Land Use Element are maximums (except for state- mandated bonuses for affordable housing or other density bonuses specifically provided for in the Housing Element) that may not be achieved if other policies of the General Plan pertaining to environmental, physical or other constraints such as steep slopes, soil instability or limitations on necessary infrastructure require lower densities or intensities. LU-5:New Development shall be in harmony with adjacent neighborhoods and open spaces. LU-6:The Town shall closely consider the environmental constraints of land and Prime Open Space preservation and other General Plan policies throughout the development review process in determining the location, type, and density and/or intensity of development. LU-7:Development should be located on the least environmentally sensitive, including habitat in the open spaces, shoreline, marshes, mudflats, and other biologically sensitive areas, and least hazardous portions of the land wherever feasible to promote Sound land development and planning practices. Special emphasis shall be placed on keeping significant ridgelines open and unobstructed to the maximum extent feasible. LU-8:Sewer, water and other essential infrastructure improvements must be available to the developer to serve new development by the time of completion of construction. Developers shall participate in the funding of essential expanded infrastructure to the maximum extent allowed by law. LU-9:The town shall coordinate with urban service providers such as Marin municipal water district and the sanitary districts to ensure that they have the capacity to serve new development. LU-28:The town shall, through prezoning and annexation processes, add land to the town when such action will materially enhance the community or substantially further the goals and policies of the general plan. LU-29:The Town recognizes that the unincorporated Paradise Drive area is an ‘island’ completely surrounded by the Town of Tiburon and that the area is functionally a part of 4 Tiburon, and therefore supports the annexation of the area into Tiburon at such time as annexation is economically, procedurally, and otherwise viable. LU-32:Timing of annexation of property shall be determined, or recorded future annexation agreements shall be required early in the development review/entitlement process. LU-34:The Town shall pre-zone property consistent with this General plan when an annexation is imminent or when the Town deems prezoning timely and appropriate. LU-36:The Town supports the LAFCo's dual annexation policy, including implementation through future annexation agreements when immediate annexation is not appropriate. Circulation Element Goal C-H Paradise Drive. To cooperatively plan for the maintenance and improvement of Paradise Drive. Policy C-31 Access.The Town shall attempt to work with the County of Marin to secure safe and reliable access for all users to and from the northeastern side of the Tiburon Peninsula along Paradise Drive. Due to the very high maintenance costs associated with Paradise Drive, the Town will avoid taking on the burden of maintaining additional portions of Paradise Drive unless a suitable and stable ongoing source of funding is established. ANALYSIS OF ABOVE POLICIES Consistency with Tiburon General Plan 2020 Prezoning the land to R0-2 zone is consistent with the Tiburon General Plan because the Tiburon General Plan Land Use Diagram 2.2-1 designates the subject parcel to be zoned in an M medium density residential zone which is typically zoned as RO-2, Residential Open. The regulations of the R0-2 zone are intended to promote and encourage the maintenance of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone which is consistent with the existing use of the land and the zoning of all immediately neighbors. Land Use Policies LU-3,LU-4,LU-5,LU-6, LU-7,LU-8 and LU-9 These policies relate to several important topics including environmental resources, site planning, neighborhood character, design review, views, shoreline public access and future subdivision of property. While these policies are relevant to the subject property, it is more appropriate to consider them while reviewing the associated design review application that has been submitted to the Planning Department. 5 Land Use Policies LU-28, LU-29, LU-32, LU-34 and LU-36, C-H, and C-31 These policies relate to annexation, prezoning and Marin LAFCo's dual annexation policy, and are appropriate to consider at this prezoning stage. The proposed prezoning to R0-2 (residential open) is consistent with the above Land Use policies. Tiburon General Plan 2020 acknowledges that properties along Paradise Drive are the most likely to be annexed to the Town through application of the Dual Annexation Policy. The owner is seeking to annex to the Marin County Sanitary District No. 2 and to obtaining development entitlements for the property, so this is the appropriate time to annex the property to the Town of Tiburon in accordance with LU-32 and 34. LU 29: As the subject property is an “island” of unincorporated land surrounded by Town of Tiburon property, annexation to the Town meets LU29 which supports annexation when economically, procedurally, and otherwise viable. With regard to Policy C-H and C-31, the transfer to the Town of Tiburon of the approximately 400’ section of property frontage along Paradise Drive within the Marin County section of Paradise Drive is the subject of separate discussion between LAFCo, Marin County, and the Town of Tiburon and will be the determined by the LAFCo Commissioners when they decide on the annexation of the property after hearing input from LAFCo staff, the Town of Tiburon, and Marin County. As the annexation furthers the policies discussed above, LU 28 is also met. 6 ATTACHMENT 3 Marin County General Plan land use designation and zoning designations page 1 7 Marin County General Plan land use designation and zoning designations page 2 8 EXHIBIT 4 TIBURON PLANNING COMMISSION SEPTEMBER 8, 2021, MINUTES NO. 1116 (EXCERPT) PAGE 1 1 2 3 4 5 PLANNING COMMISSION MINUTES NO. 1116 (EXCERPT) Regular Meeting September 8, 2021 Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California 6 7 8 CALL TO ORDER AND ROLL CALL: 9 10 Chair Tsai called the meeting to order at approximately 6:30 p.m. 11 12 Present: Chair Jeff Tsai; Vice Chair Erica Williams; Commissioners Daniel Amir and 13 Kathleen Defever 14 15 Absent: Commissioner Eric Woodward 16 17 Staff Present: Director of Community Development Dina Tasini; Assistant Town Attorney Eli 18 Flushman; Senior Planner Christy Fong; Community Development Aide Kris 19 Bernard 20 21 ORAL COMMUNICATIONS - None 22 23 COMMISSION AND STAFF BRIEFING – None. 24 25 MINUTES – None 26 27 Chair Tsai announced that he will recuse himself on PH-1 and requested switching the order of 28 the public hearing items so PH-2 can be heard first. 29 30 ACTION: M/S/C (Tsai/Williams) to re-arrange the agenda for PH-2 to be heard first. Roll Call 31 Vote: (4-0-1; Woodward absent). 32 33 PUBLIC HEARINGS 34 35 PH-2 Consider making a recommendation to the Town Council regarding an application 36 (PZ2021-001) to prezone four unincorporated parcels of land totally approximately 10.45 37 acres located at and in vicinity of 4916 Ranch Road within the Tiburon Planning Area 38 and Town of Tiburon Sphere of Influence to RO-2 (residential open) zoning district, in 39 anticipation for the annexation of the properties by the Marin Local Agency Formation 40 Commission (LAFCo) into the Town of Tiburon. The project site consists of Marin 41 County Assessor Parcel No. 038-053-17, 038-061-14, 038-061-30 and 038-061-27. 42 43 Senior Planner Christy Fong gave the staff report and overview of the request for the 44 Commission to consider a recommendation to the Town Council of an application to prezone 45 four unincorporated parcels totaling 10.45 acres at and in the vicinity of 4916 Ranch Road to 46 RO-2 zoning district. 47 DR A F T TIBURON PLANNING COMMISSION SEPTEMBER 8, 2021, PAGE 2 1 Commissioner Defever said Ms. Fong stated it is 3 units per acre for the medium density. She 2 understands this is an approximately a 10-acre parcel with 7.42 acres being submerged land and 3 about 3 acres are buildable. She asked if 3 units could be put on those 3 acres. 4 5 Ms. Fong explained that 3 units is the maximum allowed to be built within the prescribed zoning. 6 However, given the realistic physical constraints associated with these parcels where the total 7 acreage is 3 acres, and if there are any existing trees or environmentally sensitive areas as well as 8 setback requirements, the maximum allowable density may not be achievable due to these 9 constraints. 10 11 Commissioner Defever said technically the rule is they could put more than 3 units on 3 acres, 12 but it is not feasible given the other constraints, and Ms. Fong confirmed. 13 14 Chair Tsai said he was unable to determine what precisely “prezoning” means. Ms. Fong 15 explained that prezoning is when a parcel is not located within the Town’s jurisdiction. 16 Currently, it is located in the unincorporated part of Marin County. Prezoning is for a jurisdiction 17 to assign a zoning destination in preparation and anticipation that when the unincorporated area 18 is annexed to within the Town’s jurisdictions there will be an existing zoning districts and 19 requirements attached to these parcels. 20 21 Vice Chair Williams said in light of Commissioner Defever’s question around these parcels 22 jutting out into the bay where they are partially submerged, she asked why submerged lands are 23 not designated as part of the Marine zone. 24 25 Ms. Fong stated the details of the survey plan include the mean high tide line which usually 26 identifies the boundaries of the Marine zone. Land which is submerged will be given the 27 designation of Marine zone. 28 29 Chair Tsai called upon the applicant for a 20-minute presentation. 30 31 Jaqueline Bos said they are a family of five and she and her husband have three kids and two 32 dogs. They have lived in the Bay Area for 15 years and they are not developers. They will just 33 build one family home. They are merging three of the lots which will take away a bayfront home 34 and are excited. The land has been neglected for 70 years and is covered in ivy, poison oak, 35 French broom and dead trees and they are excited to rehabilitate the land and want to make it a 36 much nicer place. 37 38 Chair Tsai asked if Ms. Bos would like to walk through their application. Ms. Bos stated Ms. 39 Fong has covered everything, and she is available to answer questions. They are taking a lot of 40 hardscape outside of the creek, removing a septic system on the bay, removing invasive brush, 41 and rehabilitating the land. Any hardscape they are putting in will be further away from any of 42 the environmentally sensitive areas with the building above the flood zone. They are using 43 sustainable materials and practices, which is more relevant to the design review phase of the 44 project, but she wanted to highlight the attention to detail and sensitivity they have applied to this 45 project. 46 DR A F T MINUTES NO. 1116 (EXCERPT) TIBURON PLANNING COMMISSION SEPTEMBER 8, 2021, PAGE 3 1 2 3 4 5 6 Ms. Bos said she feels what they have requested is consistent with the Tiburon Municipal Code and General Plan. They did not choose the designation and simply used Ms. Fong’s guidance from the Town’s Municipal Code and General Plan. Commissioner Amir referred to the environmental side and asked Ms. Bos to elaborate more on what the plan is so that the Commission can understand if there are any sticking points. 7 8 Ms. Bos said they originally spoke with Marin planners, and they were excited they were taking 9 out a bayfront lot. There is a lot right alongside a creek and because it is such a small lot it falls 10 into every exemption. Technically, someone could build a house right on the bay right next to the 11 creek because it is such a small lot and there is no where else to build. 12 13 There are some wetlands and now there is concrete and old footings right inside the wetlands and 14 they are taking all the concrete out. There is a driveway alongside the stream, and they are 15 removing about 4,000 square feet of hardscape from next to the stream and inside the wetlands 16 and are building up the property. Any hardscape they put in will be further away from the bay 17 and wetlands. 18 19 The septic tank there is 75 years old with a leach field that goes straight into the bay, and they 20 are removing this as soon as they can. They have already planted six Live Oaks and will plant 21 four more Live Oak trees in November to bring the land back. They removed a lot of French 22 broom, poison ivy and are working hard to make the land happier, as the trees have been so 23 crowded with the invasives. They will be using a lot of sustainable design, solar, a grey water 24 system, and are proposing to build a single-family home and not an investment. 25 26 Director Tasini stated that the issue before the Commission is to decide whether the prezoning as 27 proposed, is appropriate in other words consistent with the General Plan and Zoning in the 28 adjacent areas and for this type of development. Many of the other issues assist the Commission 29 in understanding the site and future plans but are not under consideration as part of the prezoning 30 application. 31 32 Chair Tsai thanked Ms. Tasini and thinks this is an important clarification and distinction from 33 what the Commission is considering versus what the DRC will consider. 34 35 Chair Tsai opened the public comment period, and there were no speakers. 36 37 Chair Tsai confirmed there were no questions of Commissioners. He closed the presentation and 38 asked for Commissioner comments. 39 40 Chair Tsai said he will vote to approve this because he thinks it fits what the Town is trying to 41 do, especially as it relates to taking unincorporated areas as they are looking to prezoning. In this 42 instance, it looks like this application fits not only the General Plan but also the Municipal Code 43 with respect to requirements that need to be met for prezoning as it relates to RO-2 zoning. 44 Because the Commission is only considering prezoning there are no CEQA findings required to 45 be made and he voiced support of the resolution. 46 DR A F T MINUTES NO. 1116 (EXCERPT) TIBURON PLANNING COMMISSION SEPTEMBER 8, 2021, PAGE 4 1 Vice Chair Williams concurred with the Chair’s comments and thinks this is something that 2 clearly falls within the Town’s sphere of influence, and it makes sense to pull unincorporated 3 islands into the Town through this prezoning process. She agrees with Chair Tsai’s comments 4 that this application is consistent with the General Plan and the Town’s Municipal Code, it is 5 exempt from CEQA and is not detrimental to the public health, safety, and welfare. It is also 6 very helpful as it provides context to hear about the development plans in this case. However, the 7 ownership may change and so it is important to think more broadly and think how decisions 8 might affect future owners of this property. 9 10 Commissioner Defever concurred with the Chair and Vice Chair’s comments. She noted when 11 looking at the prezoning criteria they are looking to ensure that when they designate this as RO-2 12 that it is not detrimental to the public health, safety, or welfare of the Town and this is the 13 complete opposite, as it is beneficial. She noted the applicant is switching from an outdated 14 septic system which is good for the environment, for the bay itself, and for wildlife. She thinks 15 this is clearly beneficial and she voiced her support of the resolution. 16 17 Commissioner Defever asked and confirmed that the CEQA exemption is contained in the 18 resolution, and it was appropriate to be identified under the “Whereas” clause. 19 20 Commissioner Amir echoed comments of support, thinks the findings are clear, and agrees this is 21 a positive for the Town. 22 23 ACTION: M/S/C (Williams/Amir) to adopt the draft resolution forwarding a recommendation to 24 the Town Council regarding application PZ2021-001 to prezone four unincorporated parcels of 25 land totaling approximately 10.45 acres located at and in vicinity of 4916 Ranch Road within the 26 Tiburon Planning Area and Town of Tiburon Sphere of Influence to RO-2 (residential open) 27 zoning district, in anticipation for the annexation of the properties by the Marin Local Agency 28 Formation Commission (LAFCo) into the Town of Tiburon. Roll Call Vote: (4-0-1; Woodward 29 absent). 30 DR A F T MINUTES NO. 1116 (EXCERPT)