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HomeMy WebLinkAboutTC Agd Pkt 2023-05-17 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council May 17, 2023 Regular Meeting 6:30 P.M. TIBURON TOWN COUNCIL AGENDA The meeting will be held in person and will be televised live on Zoom. Members of the public have the option of participating in-person or remotely via Zoom at: Webinar: https://us06web.zoom.us/j/82809000539 Webinar ID: 828 0900 0539 Call-in Number: +1 669 900 6833 Submit public comment by: 1. Email comments@townoftiburon.org prior to 12:00 p.m. the day of the meeting. Written comments received will be saved as part of the record of the meeting. 2. Attend the meeting in person at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California 94920 and provide public comment. 3. If on Zoom, during the public comment portion of the agenda item, select the “Raise Hand” option or *9 if using a phone. Please be advised that those participating in the meeting remotely via Zoom do so at their own risk. The Town Council meeting will not be cancelled if any technical problems arise during the meeting. REGULAR MEETING – 6:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Thier, Councilmember Welner, Vice Mayor Fredericks, Mayor Ryan 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. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for May 3, 2023 regular meeting (Department of Administrative Services) CC-2. Marin County Hazardous and Solid Waste JPA Agreement – Consider authorization of agreement amendments (Office of the Town Manager) CC-3. Community Development Block Grant Agreement – Consider authorization of agreement renewal with County of Marin (Office of the Town Manager) CC-4. 699 Hilary Drive – Consider Adopting Resolution Denying Appeal of Site Plan and Architectural Review approval for exterior alterations and construction at 699 Hilary Drive (Community Development Department) CC-5. Railroad Marsh Aquatic Vegetation Management Project – Award project to Solitude Lake Management at a cost not to exceed $242,804 and direct staff to include funding in Fiscal Year 2024 budget to complete the project (Department of Public Works) CC-6. Cypress Hollow Lighting and Landscape District - Consider Adoption of a Resolution approving the annual Engineer’s Report, and declaring intent to levy and collect assessments within the Landscape and Lighting District in the Cypress Hollow Subdivision and setting a time and place for the required Public Hearing (Department of Public Works) CC-7. Jewish American Heritage Month – Adopt resolution declaring the month of May as Jewish American Heritage Month (Office of the Town Manager) ACTION ITEMS AI-1. Main Street Closures – Consider request from the Tiburon Peninsula Chamber of Commerce related to street closures and direct staff on any potential action the Council may like to take related to limiting the number of street closures (Office of the Town Manager) AI-2. Hybrid Meetings – Provide direction on additional town bodies to conduct hybrid meetings (Office of the Town Manager) PUBLIC HEARINGS PH-1. Precise Plan Amendment (165Avenida Miraflores) - Consider adoption of a resolution to amend the Miraflores Precise Development Plan (PD #21) to create a new Secondary Building Envelope for Lot 6 on a RPD (Residential Planned Development) zoned property (Community Development Department) Address: 165 Avenida Miraflores Owners: Ehud and Sharon Shamir Applicant: Michael Heckmann Assessor Parcel No.: 039-261-06 PH-2. Municipal Code Amendments (Accessory Dwelling Units) - Consider a recommendation from the Planning Commission to amend Chapter 16 of the Tiburon Municipal Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units – Introduction and first reading of ordinance (Community Development Department) PH-3. Municipal Code Amendments (Alarm Code) – Consider Amendment to Chapter 29 of the Tiburon Municipal Code (Burglar Alarm Systems) Related to Alarm System Permits – Introduction and first reading of ordinance (Police Department) 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. DR A F T Page 1 of 4 DRAFT Tiburon Town Council Minutes #09-2023 May 3, 2023 TOWN COUNCIL REGULAR MEETING DRAFT MINUTES REGULAR MEETING – 6:30 P.M. 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, Operations Manager Kerslake,Town Clerk Dilena ORAL COMMUNICATIONS Eric Artman expressed concern about the potential ban on gas appliances in homes. Pamela McConnell-Douglass expressed dissatisfaction with the treatment of her from the newspaper. Crystal Duran told the Town Council about the Library’s upcoming inaugural Green Week. Peter Yolles spoke in support of the proposed building electrification codes. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for April 19, 2023 special and regular meetings(Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for April 20, 2023 special meeting (Department of Administrative Services) CC-3. Pending Vacancies on Town Boards and Commissions – Announce pending vacancieson the Marin Commission on Aging and the Belvedere-Tiburon Library Agency (Department of Administrative Services) CC-4. Town Manager Employment Agreement – Adopt resolution authorizing the seventhamendment to the Town Manager’s Employment Agreement (Office of the Town Attorney) CC-5. 699 Hilary Drive Appeal – Adopt resolution denying the appeal at 699 Hilary Drive (Community Development Department) CC-1 DR A F T Page 2 of 4 DRAFT Tiburon Town Council Minutes #09-2023 May 3, 2023 CC-6. Municipal Code Amendments – Adopt amendments to Chapter 13 (Building Regulations) of the Tiburon Municipal Code related to automatic gate safety (Community Development Department) CC-7. Municipal Code Amendments – Adopt amendments to Chapter 13 (Building Regulations) of the Tiburon Municipal Code to adopt new building code amendments promoting building and vehicle electrification in new or remodeled buildings (Community Development Department) CC-8. National Police Week – Adopt resolution declaring May 14-20, 2023 National Police Week in the Town of Tiburon and directing staff to fly the U.S. flag at Town facilities at half-staff on May 15, 2023 in honor of Peace Officers Memorial Day (Police Department) CC-9. National Public Works Week – Adopt resolution declaring May 21-27, 2023 National Public Works Week in the Town of Tiburon (Department of Public Works) Mayor Ryan pulled Consent Calendar Items No. CC-5, CC-7, CC-8, and CC-9 for discussion. Mayor Ryan announced Consent Calendar Item No. CC-4 will increase the Town Manager’s annual salary. MOTION: To approve Consent Calendar Items No. 1-4 & 6. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat CC-5. 699 Hilary Drive Appeal – Adopt resolution denying the appeal at 699 Hilary Drive (Community Development Department) Item continued. CC-7. Municipal Code Amendments – Adopt amendments to Chapter 13 (Building Regulations) of the Tiburon Municipal Code to adopt new building code amendments promoting building and vehicle electrification in new or remodeled buildings (Community Development Department) Public comment was received by: • Eric Artman, who spoke against a total ban on gas. • Rob Poole, who spoke against a total ban on gas. • Sanna Thomas, who spoke in support of all proposed amendments. MOTION: To adopt Consent Calendar Item No. 7, as written, and to direct staff to delay enforcement until the legal matters are resolved. Moved: Welner, seconded by Thier VOTE: AYES: Fredericks, Ryan, Thier, Welner DR A F T Page 3 of 4 DRAFT Tiburon Town Council Minutes #09-2023 May 3, 2023 ABSENT: One Vacant Seat CC-8. National Police Week – Adopt resolution declaring May 14-20, 2023 National Police Week in the Town of Tiburon and directing staff to fly the U.S. flag at Town facilities at half-staff on May 15, 2023 in honor of Peace Officers Memorial Day (Police Department) MOTION: To adopt Consent Calendar Item No. 8, as written. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat CC-9. National Public Works Week – Adopt resolution declaring May 21-27, 2023 National Public Works Week in the Town of Tiburon (Department of Public Works) MOTION: To adopt Consent Calendar Item No. 9, as written. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat ACTION ITEMS AI-1. Juneteenth Event – Consider request to close Main Street on Saturday, June 17, 2023 between 2:00 p.m. and 7:00 p.m. for a Juneteenth event and consider a budget amendment in the amount of $7,500 to fund the event (Office of the Town Manager) Public comment was received by: • Eric Artman, who spoke in support of the event. MOTION: To approve the request to close Main Street on Saturday, June 17, 2023 between 2:00 p.m. and 7:00 p.m. for a Juneteenth event and to authorize a budget amendment in the amount of $7,500 to fund the event. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Ryan adjourned the meeting at 7:15 p.m. JACK RYAN, MAYOR TOWN OF TIBURON DR A F T Page 4 of 4 DRAFT Tiburon Town Council Minutes #09-2023 May 3, 2023 ATTEST: LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Consider Authorizing the Town Manager to Sign an Amendment to Hazardous and Solid Waste Joint Powers Agreement Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will consider authorization of an amendment to the Hazardous and Solid Waste Joint Powers Agreement. RECOMMENDED ACTION(S) 1. Authorize the Town Manager to sign the amendment to the 1996 Revised Hazardous and Solid Waste Joint Powers Agreement with the County of Marin. BACKGROUND The County of Marin and the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon entered into an agreement in 1993 to create a Hazardous and Solid Waste Joint Powers Authority (JPA) to work together on the mandates set forth in AB 939. The agreement was amended in 1995 and restated in 1996 (Exhibit 1). Since then, it has been the foundational guide for the JPA. JPA staff is now requesting the following three administrative changes to the agreement: • The County of Marin is responsible for management of programs in the Certified Unified Program Agency (CUPA) by state law (Exhibit 2), which include the Hazardous Materials Business Plan Program, Risk Management and Prevention Plan Program, Aboveground Storage Tank Program, Underground Storage Tank Program, the Hazardous Waste Generator Program, and the Tiered Permit On-Site Treatment Program. Prior to 2006, the City of San Rafael managed its own CUPA. This is now the sole responsibility of the County of Marin and is reflected in this administrative update with changes to Preamble A, page 1 and Article 3, section 3.3 Member Programs. • California state law mandates that all cities, counties, and approved regional solid waste management agencies are responsible for enacting integrated waste management plans (IWMP) and implementing programs to divert solid waste from landfills. In addition, state law mandates that a local task force be formed to advise the JPA Board on waste-related matters to ensure compliance with the IWMP. The original passage in Preamble D was TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 17, 2023 Agenda Item: CC-2 Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 2 OF 2 amended to add language to ensure we have a qualified technical task force to serve as an advisory group to the JPA Board. • Article 18 Designated Entity. This Article was added as an administrative change to state that County laws shall apply to the JPA pursuant to Government Code 6509. These updates are reflected in redline to the original agreement as Exhibit 3. The draft JPA Amendment agreement is attached as Exhibit 4. 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 significant impact on the Town’s contribution to global climate change. 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 authorize the Town Manager to sign the amendment (Exhibit 4) to the 1996 Revised Hazardous and Solid Waste Joint Powers Agreement with the County of Marin. Exhibit(s): 1. Original Signed 1996 Agreement 2. San Rafael CUPA to County 2006 3. Redlined 1996 Agreement 4. Amendment to the 1996 Agreement Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 1  Last Revised: 3/26/964/6/2023  REVISED HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT COUNTY OF MARIN This Agreement is entered into this 1st day of July, 1996 pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the following parties: The County of Marin (hereafter referred to as the "County"), the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon (hereafter collectively referred to as the "Cities and Towns"), which are all within the County of Marin. PREAMBLE The principal objectives of the agencies signatory to this agreement are as follows: A. Scope of the Agreement. The principal responsibilities of the new Authority, established by this Agreement, are to meet the goals of the Source Reduction and Recycling Element mandated by State Public Resources Code Sections 40900 to 43000 and the adoption and implementation of the Household Hazardous Waste Element required by Sections 25135 to 25135.8 of the Health and Safety Code. Responsibilities for programs in the Certified Unified Program Agency (CUPA), which include the Hazardous Materials Business Plan Program, Risk Management and Prevention Plan Program, Aboveground Storage Tank Program, Underground Storage Tank Program, the Hazardous Waste Generator Program and the Tiered Permit On-Site Treatment Program, are to be managed as provided for by state law. The City of San RafaelCounty will continue to administer its own CUPA these programs. The County will administer these programs for the remaining County, Cities and Towns. Operation of a household hazardous waste collection program is also managed by state law. The County, the Cities and Towns will establish a local program that is available to their residents. B. Limiting Membership in the Authority. Membership in the Authority will be limited to the County, the Cities and Towns. The districts included under the previous agreement are not signatories to this agreement and will not serve in any governing role. Representatives of the districts would continue to be included on the AB 939 Local Task Force. C. Governing Structure. The day-to-day administration of the Authority will be vested with an Executive Committee responsible to the Board of Directors for the administration and management of Authority affairs. The Executive Committee will be comprised of the Chair and Vice Chair of the governing Board plus three Board members froorm the County, the City of San Rafael and the City of Novato. The Board of Directors shall be comprised of one representative for each member agency. Commented [SK1]: The County of Marin is responsible  for management of programs in the Certified Unified  Program Agency (CUPA) by state law, which include the  Hazardous Materials Business Plan Program, Risk  Management and Prevention Plan Program, Aboveground  Storage Tank Program, Underground Storage Tank Program,  the Hazardous Waste Generator Program and the Tiered  Permit On‐Site Treatment Program.  Prior to 2006, the City  of San Rafael managed its own CUPA. This is now the sole  responsibility of the County of Marin and is reflected in this  administrative update. The City of San Rafael; however, was  contracted with by the JPA to oversee the operation of the  permanent HHW facility .The City will turn over the  oversight responsibility to the JPA  July 1, 2023.  With this  change, we took the opportunity to update the agreement  to reflect the change that occurred in 2006.    2  Last Revised: 3/26/964/6/2023  The Board member may be a member of the agency’s City/Town Council or Board of Supervisors or the agency’s staff. A majority of the members of the Board of Directors will constitute a quorum for purposes of conducting business, and a majority of a quorum will be authorized to act on behalf of the Authority. D. AB 939 Local Task Force. The Board will establish and be advised by an AB 939 Local Task Force, whose composition, duties and authority are specified in Public Resources Code Section 40950. The Task Force will include at least two representatives of waste haulers, one representative of an environmental organization, two representatives of special districts involved in the regulation and disposal of waste, and five public representatives with technical expertise in solid waste, recycling and organics management appointed by the member agencies serving on the Executive Committee established in this Agreement. If a conflict between this preamble and the specifications contained in Article 1 through Article 17 is presented, it is the intent of this Agreement that the Articles are to be considered determinative. ARTICLE 1: FACTS AND DECLARTAIONS Solid Waste Management WHEREAS, Sections 40900 to 43000 of the State Public Resources Code requires the County and each of its Cities to prepare, adopt, and implement source reduction and recycling elements and requires the County to prepare a county-wide siting element and a county integrated waste management plan; and WHEREAS, the County, Cities, and Towns believe it would be to their mutual advantage and the public benefit to coordinate their power and authority to implement integrated waste management programs which meet the waste management requirements of State law; and Hazardous Waste Management WHEREAS, Government Code Section 66780.8 and Health and Safety Code Section 25135 through 25135.8 establishes a planning process and requirements for the preparation, adoption, amendment, administration, and enforcement of County hazardous waste management plans: and Existing Solid Waste Management System WHEREAS,. an effective system of solid waste collection, recycling, diversion and disposal currently exists within the county involving franchised waste haulers. Commented [SK2]: This was edited to add language to  ensure we have a qualified technical task force to serve as  an advisory group to the JPA Board and provide feedback on  progress towards our goals, new program needs, recycling  markets, legislation, and funding as set forth in AB 939.   3  Last Revised: 3/26/964/6/2023  Role of Districts WHEREAS, the Sanitary Districts of Almonte, Alto, Homestead Valley, Las Gallinas, Novato, and Ross Valley, and the Community Service Districts of Marin City and Tamalpais, and the Bolinas Community Public Utility District, and the Strawberry Recreation District and the Stinson Beach County Water District (hereafter collectively referred to as the "Districts") play a role in the regulation of the existing solid waste management system and will continue to exercise responsibilities in the effort to fully comply with State solid waste diversion goals; and WHEREAS, the County, Cities and Towns acting through this Agreement intend to strengthen the existing solid waste management system in the operation and development of future waste management activities; and Joint Planning and Implementation WHEREAS, the County, Cities and Towns believe that many of the programs and facilities described in the above mentioned elements and plans will be both long-term and most cost- effectively provided on a multi-jurisdictional or county-wide basis; and WHEREAS, the County, Cities and Towns believe that a separate, special purpose agency responsible for, and capable of, preparation, adoption, revision, amendment, administration, and enforcement of the Marin County Integrated Waste Management Plan and, the Marin County Hazardous Waste Management Plan (hereafter referred to as the "Plans"), and planning, financing, implementing, managing, and maintaining of the related programs would be most cost-effective on a County-wide basis; and WHEREAS, the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) provides for joint action by two or more public agencies, and Public Resources Code section 41823 authorizes a city or county or agency formed under a joint exercise of powers agreement for the purpose of preparing and implementing source reduction and recycling elements on a county- wide integrated waste management plan; and WHEREAS, it is the intent of the contracting agencies to utilize these statutory authorizations in this Agreement; and 4  Last Revised: 3/26/964/6/2023  Public Involvement WHEREAS, the County, Cities and Towns intend to encourage ongoing community involvement in the development and implementation of future solid and hazardous waste activities by utilizing an AB 939 Task Force, advisory committees, community meetings, and other similar mechanisms to obtain public participation in these activities; and Legislation and Markets WHEREAS, the County, Cities and Towns intend to actively promote markets for recycled materials and advocate legislation which furthers the reduce, reuse, recycle hierarchy; and Promoting Cost Effective Programs WHEREAS, in the planning and implementation of countywide programs, the County, Cities and Towns intend to give particular attention to the cost-effectiveness of programs; and Sharing Of Costs In An Equitable Manner WHEREAS, it is the intent of the County, Cities and Towns that costs for planning and implementing solid and hazardous waste programs will be based on a fair and equitable allocation system that considers previous investments of each member, the relative benefits to each member and the actual cost of service; and NOW, THEREFORE, the Agencies agree as follows: ARTICLE 2: DEFINITIONS Certain words as used in this Agreement shall be defined as follows: A. "Agencies" shall mean the County, Cities and Towns. B. "Agreement" shall mean this agreement that establishes the County of Marin Hazardous and Solid Waste Joint Powers Authority. 5  Last Revised: 3/26/964/6/2023  C. "Authority" shall mean the County of Marin Hazardous and Solid Waste Joint Powers Authority. D. "Board" shall mean the governing body of the County of Marin Hazardous and Solid Waste Joint Powers Authority. E. "County" shall mean the County of Marin. F. "Cities" shall mean the cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito. G. "Towns" shall mean the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon. H. "Executive Committee" shall mean the committee composed of the Chair and Vice-Chair of the Governing Board plus three additional members of the Governing Board as appointed by the Governing Board. I. "Hazardous Waste Facility" shall mean a facility which includes all contiguous land and structures used for the handling, treating, recycling, storing or disposing of hazardous wastes. J. "Members" shall mean the County, Cities or Towns which are signatories to this Agreement. K. "Quorum" shall mean a majority of the Board Members. ARTICLE 3: PURPOSE 3.1 Purpose of Agreement The purpose of this Agreement is to establish a public entity separate from the County and each of the Cities and Towns. This public entity is to be known as the County of Marin Hazardous and Solid Waste Joint Powers Authority (hereafter referred to as the "Authority"). 3.2 Purpose of Authority The purpose of the Authority shall be to comply with Sections 40900 to 43000 of the Public Resources Code, Section 66780.8 of the Government Code and Health and Safety Code Sections 25135 through 25135.8. 6  Last Revised: 3/26/964/6/2023  a. Prepare, adopt, revise, amend, administer and enforce hazardous waste and solid waste plans. b. Plan, finance, implement, manage and/or monitor multi-jurisdictional or county-wide programs and facilities related to the plans. c. And other new requirements imposed on the member agencies by future acts of the State or Federal Government as agreed by the member agencies. 3.3 Member Programs It is recognized that members, such as the City of San Rafael, operate required programs outside the scope of this Agreement, such as administering a hazardous materials and an underground storage tank program and other programs covered by the Certified Unified Program Agency (CUPA). ARTICLE 4: CREATION OF MARIN COUNTY WASTE MANAGEMENT AUTHORITY 4.1 Creation of Authority There is hereby created by the County, Cities and Towns of Marin the Marin County Hazardous and Solid Waste Management Authority to exercise in the manner set forth in this Agreement the powers common to each of the Agencies. 4.2 Separate Entity The Authority shall be a public entity separate from the Agencies. Pursuant to Government Code Section 6503.5, notice of the Agreement shall be filed with the Secretary of State within 30 days of this Agreement’s effective date. Pursuant to Government Section 6508.1 the debts, liabilities and obligations of the Authority shall not constitute the debts, liabilities or obligations of any parties to the Agreement. ARTICLE 5: POWERS OF THE AUTHORITY 5.1 General Powers The Authority shall have any and all powers authorized by law to the parties and may: a. Prepare, adopt, revise, amend, administer and enforce the provisions of the Plans; b. Evaluate and recommend programs designed to achieve compliance with AB 939 in a cost effective manner, Commented [SK3]: Removed to reflect change in  Preamble A  7  Last Revised: 3/26/964/6/2023  c. Implement those programs for member agencies that choose to participate under section 6.2 of this Agreement; d. Advise the members on issues related to regional hazardous and solid waste facilities and programs; e. Advocate the interests of the members related to regional hazardous and solid waste facilities and programs with local, state and federal officials; f. Plan for regional hazardous and solid waste facilities and programs; g. Develop regional hazardous and solid waste programs; h. Develop markets for the reuse of recyclable materials; i. Contract for the operation of regional hazardous and solid waste facilities and programs; j. Regulate rates of regional hazardous and solid waste facilities and programs; k. Advise on matters of hazardous and solid waste rates and charges. Nothing in this Agreement shall be construed to authorize franchise of solid waste collection. 5.2 Specific Powers In carrying out its general powers granted pursuant to the statutes noted in Section 5 .1, the Authority is hereby authorized to perform all acts necessary for the exercise of said powers which may include but are not limited to the following: a. Adopt ordinances and resolutions, b. Monitor performance, c. Make and enter into contracts, d. Apply for and accept grants, advances, and contributions, e. Employ or contract for the services of agents, employees, consultants and such other persons or firms as it deems necessary, f. Conduct studies, g. Acquire, hold or dispose of property, h. Sue and be sued in its own name, i. Appoint and retain legal counsel as necessary to fulfill its powers, duties and responsibilities under this Agreement j. Incur debts, liabilities or obligations subject to limitations herein set forth, k. Levy and collect fees and charges, including administrative and operating costs, as provided in this Agreement or by law, against all entities to which the Agreement or law applies, l. To adopt, as authorized by law, ordinances or resolutions necessary to carry out the purposes of this Agreement, m. Issue bonds, subject to the provisions and limitations of the Government Code of the State of California, n. Adopt annually, by July 1 of each fiscal year, an annual workplan and corresponding budget setting forth all administrative, operational and capital expenses for the Authority, and 8  Last Revised: 3/26/964/6/2023  o. Implement the programs authorized in Article 6, and p. Indemnify the member agencies pursuant to Article 10. 5.3 By-Laws The Board may adopt from time to time such policies, procedures, by-laws, rules or regulations for the conduct of its affairs as may be required. ARTICLE 6: PROGRAMS OF THE AUTHORITY 6.1 Basic Programs of the Authority It is agreed that the following functions will form the basic minimum programs to be undertaken by the Authority on behalf of all of the member agencies. a. Administration. Administrative functions of the Authority as related to this section. b. Planning. Preparation, amendment, administration and monitoring of the county-wide portions of the AB939 plans. This includes: the Source Reduction and Recycling Element, the Household Hazardous Waste Element, the Solid Waste Facility Siting Element, the Non-Disposal Facility Element and the Countywide Integrated Waste Management Plan. c. Monitoring and Reporting. Comply with the requirements of the various identified statutes to maintain and report on efforts to meet the waste diversion goals of State law. d. Compliance Review. Develop, evaluate and recommend various programs designed to bring about compliance with AB 939 requirements for member agencies that choose to participate under section 6.2. e. Legislation. Track legislation pertaining to hazardous and solid waste issues and recommend position statements to the Board of Directors. 6.2 Agency Election to Participate in Authority Programs Except for the basic programs listed in Section 6. l above, member agencies may, by formal action of their governing boards, choose whether or not they wish to participate in and fund programs to be developed by the Authority. 6.3 Contract with County and/or Others The Authority intends to contract with the County and others to perform the programs as listed in Section 3 .2, "Purpose of Authority" and the "Basic Programs" of the Authority listed in Section 6.1. of this Agreement. 9  Last Revised: 3/26/964/6/2023  ARTICLE 7: ORGANIZATION OF AUTHORITY 7.1 Members a. The County, Cities and Towns may enter into this Agreement by July 1, 1996. b. The County, and any City or Town may be considered for membership in the Authority after July 1, 1996, by presenting an adopted resolution to the Board which includes a request to become a member of the Authority and Board and upon a majority affirmative vote of a quorum of the Board accepting the County, City or Town and upon payment of any charges and upon satisfaction of any conditions established by the Board as a prerequisite for membership. 7.2 Board a. The Authority shall be governed by the "Board" which shall exercise all powers and authority on behalf of the Authority. b. The Board shall consist of one member of the governing body or the chief administrative officer of the County and each of the Cities and Towns which are party to this Agreement. Upon execution of this Agreement, the governing body of the County and each of the Cities and Towns shall appoint its member of the Board and another member to serve as an alternate to the Board, to serve in the absence of the regular member. Each member and alternate shall serve at the pleasure of the governing body of the appointing agency. Any change in appointment of a member or alternate shall be by action of the governing body of the appointing agency. c. A majority of the members of the Board shall constitute a quorum for the transaction of business. The Authority shall act upon majority vote of those in attendance, each member having one vote, of the members of the Board. d. The Board shall elect by majority vote, from its members, a Chair and Vice Chair. The Chair shall represent the Authority and execute any contracts and other documents when required by the Rules of Procedure and/or By-Laws. The Vice-Chair shall serve in the absence of the Chair. 7.3 Executive Committee a. The Executive Committee shall be responsible to the Board for the administration and management of Authority affairs, for the provision of assistance and advice to the Board. b. The Executive Committee shall be composed of the Chair and Vice-Chair plus three other members of the Governing Board elected by the Board. Three of the committee 10  Last Revised: 3/26/964/6/2023  members must be from the County, San Rafael, and Novato. One representative shall be selected by the Southern Marin cities of Sausalito, Tiburon, Belvedere and Mill Valley. One representative shall be selected by the Ross Valley cities of Ross, San Anselmo, Fairfax, Larkspur and Corte Madera. c. Three members of the Executive Committee shall constitute a quorum for the transaction of business. No action shall be taken by the Executive Committee except upon a majority affirmative vote of the quorum (each member having one vote) of the members of the Executive Committee. d. Members shall serve two-year terms and may be reappointed. 7.4 Additional Committees a. The member agencies shall establish an AB 939 Local Task Force whose composition, duties and authority are described in Public Resource Code Section 40950. The Task Force so established shall be advisory to the Governing Board established under this Agreement. b. The AB 939 Local Task Force shall include at least two representatives of waste haulers, one representative of an environmental organization, two representatives of special districts involved.in the regulation and disposal of waste, and five public representatives appointed by the member agencies serving on the Executive Committee established under this Agreement. c. In addition to the Executive Committee and an AB 939 Local Task Force, the Board may from time to time establish additional committees to carry out Authority purposes, and appoint committee members from the Board, the legislative bodies or administration of member agencies, Authority staff, and/or staff of the member agencies. The Board may also establish and appoint members to citizen's advisory committees as deemed appropriate. d. To the extent practical, the Board shall appoint members to committees in such a manner as to encourage the broadest possible participation of the member agencies. ARTICLE 8: MEETINGS AND REPORTS 8.1 Board Meetings a. The Board shall hold at least one (1) regular meeting each year as determined by the by- laws. b. Special meetings of the Board may be called in accordance with the provision of Section 54956 of the California Government Code. 11  Last Revised: 3/26/964/6/2023  c. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act (Sections 54950 et. seq. of the California Government Code), and other applicable laws of the State of California requiring notice be given of meetings of public bodies. d. Minutes of all Board meetings will be kept and shall, as soon as possible after each meeting, be forwarded to each member and alternate member of the Board. e. The Chair of the Board shall cause correspondence to be prepared and delivered as directed by the Board. f. The public agency with whom the Authority contracts with to provide services shall be the keeper of the official records of the Authority. 8.2 Executive Committee Meetings a. The Executive Committee shall hold at least one (1) meeting each quarter. b. Special meetings of the Executive Committee may be called by the Chair, or by a majority of the members of the Executive Committee or at the direction of the Board. c. Minutes of all Executive Committee meetings will be kept and shall, as soon as possible after each meeting, be forwarded to members of the committee and to each member and alternate member of the Board. 8.3 Other Committee Meetings a. Other Committee's shall hold meetings as may be called by the Committee Chair, or a majority of the members. b. Minutes of all meetings will be kept and forwarded to members of the committee and to each member and alternate of the Board. 8.4 Progress Reports At least annually, a report on the progress toward achieving the diversion goals of state law shall be prepared and distributed to members of the Governing Board. ARTICLE 9: FUNDING 9.1 Authority Budget The Board shall adopt an annual budget for the Authority's activities within ninety (90) days of the effective date of this Agreement and by June l of each succeeding year. Public funds may not be disbursed by the Authority without adoption of the approved budget and all receipts and disbursements shall be in strict accordance with the approved budget. The budget shall identify the programs of the Authority and allocate funds by program. The 12  Last Revised: 3/26/964/6/2023  budget and accounting system shall account for direct and overhead costs by program. The Board shall allocate these costs for each program with the adoption of the annual budget. 9.2 Funding of the Authority The Authority has the need and legal authority to levy fees and charges for programs, services and permits. The Authority is authorized to levy fees for only those programs identified in Section 6.1. Basic Programs of the Authority, and Section 6.2, Agency Election to Participate in Authority Programs. The funding for programs identified in Section 6.1 should be as specified in Section 9.2.B. The Authority is also authorized to levy fees and charges for administrative activities, permits and programs with independent funding. a. The Basic Programs of the Authority defined in Section 6.1 shall be funded as follows and adjusted annually as may be needed to fund the Basic Programs. i. A fee shall be charged directly to every franchised solid waste hauler in Marin County. The fee shall be based on a rate per ton of solid waste collected and disposed based on the 1994 disposed tonnages listed on Exhibit A attached to this Agreement. Exhibit A shall be amended within ninety (90) days after a member agency approves a new franchise and a fee shall be established in a manner determined by the Executive Committee. The base year will be adjusted every two years starting in July 1, 1998 based on the most recent state certified tonnages. The fee is to be paid in two equal payments due July 30 and January 30 of each year. ii. A fee shall be charged at all permitted landfills in Marin County to all non-  franchised haulers. The fee shall be based on a rate per ton for all tons of waste disposed at the landfill. The landfills shall forward these fees collected on a monthly basis. b. The Authority is authorized to establish additional programs as defined in Section 6.2 with the approval of the Board of Directors and the individual Authority members participating in any such additional programs. The funding mechanism for any additional programs shall be developed as a component of every additional program and must have approval by the Board of Directors and each member agency participating in any additional program. A..11 costs including overhead or administration of any additional program shall not be charged to the Basic Programs. c. The Authority may charge fees to the extent allowed by law for administrative services rendered to the public or any member agencies such as, but not limited to, copying, processing fees, legal costs, preparation of reports, etc. The Authority may also charge to the extent allowed below for programs intended to be fully cost covering, such as permit fees, applications, EIRs, educational materials, such as decals and pamphlets, monitoring of any programs, permits or application approvals. All fees under this Section shall be 13  Last Revised: 3/26/964/6/2023  approved by the Board of Directors in conjunction with the annual adoption of this Authority's budget. 9.3 Duties of Treasurer a. The Board shall appoint a Treasurer from among the senior management staff of the member agencies. The Treasurer shall be either the County Auditor/Controller, or the Treasurer Tax Collector or the Finance Director of one of the members. b. The Treasurer shall serve as the depository and have custody of all Authority funds and establish and maintain such books, records, funds, and accounts as may be required by reasonable accounting practice, Government Code section 6505.The books and records of the Authority shall be open to inspection at all reasonable times to the County, Cities, and Towns and their representatives. c. The Treasurer, within ninety (90) days after the close of each fiscal year (which shall be from July l to June 30), shall give a complete written report of all financial activities for such fiscal year to the County, Cities, and Towns. d. The Treasurer shall prepare such financial reports as may be directed by the Board or Executive Committee. e. The Treasurer shall cause an independent annual audit of the accounts and records to be conducted by a certified public accountant in compliance with the requirements of section 6505 of the Government Code and generally accepted auditing standards. 9.4 Debts and Liabilities No debt, liability, or obligation of the Authority shall constitute a debt, liability, or obligation of any Agency and each party's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as may be levied pursuant to this Agreement or as the parties hereto may agree. 9.5 Disposition of Authority Funds Upon Termination a. In the event of termination of the Authority where there is a successor public entity which will carry on the activities of the Authority and assume its obligations, Authority funds, including any interest earned on deposits remaining upon termination of the Authority and after payment of all obligations shall be transferred to the successor public entity. b. If there is no successor public entity which would carry on any of the activities of the Authority or assume any of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall be provided in proportion to the contribution of each agency's ratepayers contributed during the term of this Agreement. Any such Authority funds 14  Last Revised: 3/26/964/6/2023  received in this manner shall be used to defray the Agency's cost of hazardous and solid waste management programs or facilities. c. If there is a successor public agency which would undertake some of the functions of the Authority and assume some of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall be allocated by the Board between the successor public entity and member agencies. d. In the event the Authority is terminated under circumstances falling with (b) or (c) above, all decisions of the Board with regard to determinations of amounts to be transferred to member agencies or any successor shall be final. 9.6 Financial Liability of Member Agencies In the event of a default by the Authority, the member agencies shall be liable for the Authority's debts in a proportion equal to the contribution of each agency's ratepayers to the funding of the Authority. ARTICLE 10: INDEMNIFICATION The Authority shall acquire such insurance protection as is necessary to protect the interest of the Authority, the County, Cities, Towns and the public. The Authority created by this Agreement shall assume the defense of and indemnify and save harmless the County, Cities, Towns and each of their respective officers, agents and employees, from all claims, losses, damages, costs, injury and liability of every kind, nature and description directly or indirectly arising from the performance of any of the activities of the Authority or the activities undertaken pursuant to this Agreement. 15  Last Revised: 3/26/964/6/2023  ARTICLE 11: EFFECTIVE DATE This Agreement shall become effective when two-thirds (2/3) of the Cities, Towns and the County execute the Agreement, but not before July 1, 1996. ARTICLE 12: TERMINATION This Agreement may be terminated by the Board upon notice of withdrawal being received from a majority of the member agencies. Upon termination, payment of the obligations and division of the property of the Authority shall be conducted pursuant to Section 9.5 of Article 9 of this Agreement. ARTICLE 13: AMENDMENTS This Agreement may be amended only upon the two-thirds (2/3) affirmative vote of the Board. ARTICLE 14: WITHDRAWAL Any City, Town, or the County may withdraw from this Agreement effective July 1st of any year upon ninety (90) days, prior to the end of the fiscal year, written notice to the Authority. Upon withdrawal, a City, Town, or the County retains its financial obligations for current contracts executed to fulfill this Agreement, assumes responsibility for its obligations under AB 939, and assumes that responsibility at its own expense. ARTICLE 15: SEVERABILITY If any provision of this Agreement or its application to any person or circumstances is held invalid, the remainder of this Agreement and the application of the provision to other persons or circumstances shall not be affected. ARTICLE 16: NOTICES All notices to Agencies shall be deemed to have been given when mailed to the governing body of each agency. 16  Last Revised: 3/26/964/6/2023  ARTICLE 17: AGREEMENT COMPLETE The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized and effective as of the date of execution of all parties hereto. ARTICLE 18: DESIGNATED ENTITY This Amendment shall become effective when representatives of all of the parties have executed it and shall continue in full force and effect until terminated by an agreement executed by all parties.   Except as expressly modified by this Amendment, all other terms and conditions of the Agreement not specifically modified, amended or superseded herein remain unchanged and in full force and effect. This Amendment may be executed in any number of counterparts, each of which will be entitled to be the original and all of which will constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized and effective as of the date of execution of all parties hereto. Commented [SK4]: This Article was added as an  administrative change to state that County laws shall apply  to the JPA pursuant to Government Code 6509.  Formatted: Font: (Default) Arial, 12 pt Formatted: Normal, No bullets or numbering Formatted: Font: (Default) Arial, 12 pt Formatted: Normal, No bullets or numbering Formatted: Font: (Default) Arial, 12 pt Formatted: Normal, No bullets or numbering 17  Last Revised: 3/26/964/6/2023  18  Last Revised: 3/26/964/6/2023  EXHIBIT A. 1994 DISPOSAL    TOTAL  TONS    1994 DISPOSAL (TONS)  Franchised Haulers  Garbage & Debris  Self‐ Haul Commercial  Bay Cities  11,193 N/A N/A 11,193  Fairfax 4,158 N/A N/A 4,158  Marin Sanitary 53,007 N/A N/A 53,007  Mill Valley Refuse 28,074 N/A N/A 28,074  Novato Disposal  33,272 N/A N/A 33,272  San Anselmo 7,271 N/A N/A 7,271  Shoreline 6,742 N/A N/A 6,742  Tam CSD 2,321 N/A N/A 2,321  Total Franchised Hauler  146038 N/A N/A 146038                                Facilities               Landfills               West Marin     1,755 3,879 5,634  Redwood   7,747 15,220 22,967  Total Landfills   9,502 19,099 28,601  MSS Transfer Station      3,722 3,722  Marin Resources Recovery   18,582 6,214 24,796                 TOTALS 146038 28,084 25,313 203,157  EXHIBIT 4 Last Revised 4/6/2023 [1] AMENDMENT TO REVISED HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT COUNTY OF MARIN This AMENDMENT, is entered into this __ day of ____, 2023 pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the following parties: The County of Marin (hereafter referred to as the "County"), and the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon (hereafter collectively referred to as the "Cities and Towns"), which are all within the County of Marin. WITNESSETH: WHEREAS, County, Cities and Towns entered into a Revised Hazardous and Solid Waste Joint Powers Agreement (“Agreement”) dated July 1, 1996 for the mutual exercise of certain functions to meet the goals of the Source Reduction and Recycling Element mandated by State Public Resources Code Sections 40900 to 43000 and the adoption and implementation of the Household Hazardous Waste Element required by Sections 25135 to 25135.8 of the Health and Safety Code; and WHEREAS, effective June 30, 2023, the City of San Rafael desires to terminate its agreement to operate the Household Hazardous Waste program on behalf of the Marin County Hazardous and Solid Waste Management Joint Powers Authority; and WHEREAS, the parties seek to make amendments to the Agreement to clarify the Agreement terms. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby amend the Agreement as follows: Last Revised 4/6/2023 [2] 1. The Second Paragraph of Section A of the Preamble (Scope of the Agreement) is hereby amended and restated in its entirety and shall hereafter be and read as follows: Responsibilities for programs in the Certified Unified Program Agency (CUPA), which include the Hazardous Materials Business Plan Program, Risk Management and Prevention Plan Program, Aboveground Storage Tank Program, Underground Storage Tank Program, the Hazardous Waste Generator Program and the Tiered Permit On-Site Treatment Program, are to be managed as provided for by state law. The County will administer these programs for the County, Cities and Towns. 2. Section D of the Preamble (AB 939 Local Task Force) is hereby amended and shall hereafter be and read as follows: The Board will establish and be advised by an AB 939 Local Task Force, whose composition, duties, and authority are specified in Public Resources Code Section 40950. The Task Force will include at least two representatives of waste haulers, one representative of an environmental organization, two representatives of special districts involved in the regulation and disposal of waste, and five public representatives with technical expertise in solid waste, recycling and organics management appointed by the member agencies serving on the Executive Committee established in this Agreement. 3. Article 18 is added to the Agreement as follows: ARTICLE 18: DESIGNATED ENTITY Except as otherwise permitted by law, and pursuant to Government Code section 6509, the parties hereby designate that the JPA shall be subject to the restrictions upon the manner of exercising its powers that are applicable to the County. Last Revised 4/6/2023 [3] 4. This Amendment shall become effective when representatives of all of the parties have executed it and shall continue in full force and effect until terminated by an agreement executed by all parties. 5. Except as expressly modified by this Amendment, all other terms and conditions of the Agreement not specifically modified, amended or superseded herein remain unchanged and in full force and effect. 6. This Amendment may be executed in any number of counterparts, each of which will be entitled to be the original and all of which will constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized and effective as of the date of execution of all parties hereto. Last Revised 4/6/2023 [4] COUNTY OF MARIN Date: ________________ Title: _________________ Signature: _________________________ CITY OF BELVEDERE Date: ________________ Title: _________________ Signature: _________________________ CITY OF LARKSPUR Date: ________________ Title: _________________ Signature: _________________________ CITY OF MILL VALLEY Date: ________________ Title: _________________ Signature: _________________________ CITY OF NOVATO Date: ________________ Title: _________________ Signature: _________________________ CITY OF SAN RAFAEL Date: ________________ Title: _________________ Signature: _________________________ CITY OF SAUSALITO Date: ________________ Title: _________________ Signature: _________________________ TOWN OF CORTE MADERA Date: ________________ Title: _________________ Signature: _________________________ TOWN OF FAIRFAX Date: ________________ Title: _________________ Signature: _________________________ TOWN OF ROSS Date: ________________ Title: _________________ Signature: _________________________ TOWN OF SAN ANSELMO Date: ________________ Title: _________________ Signature: _________________________ TOWN OF TIBURON Date: ________________ Title: _________________ Signature: _________________________ TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Renewal of Cooperation Agreement with the County of Marin Regarding the Community Development Block Grant (CDBG) Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Every three years, the Council considers renewal of an agreement with the County of Marin to administer the Community Development Block Grant (CDBG) program for the entire county. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 2) authorizing execution of the agreement. BACKGROUND The federally funded Community Development Block Grant (CDBG) program provides grants to local governments for housing, community facility, and human service programs serving lower-income people. Every three years, all local agencies in Marin County, including Tiburon, renew a cooperation agreement (Agreement) with the County of Marin regarding CDBG fund and programs. This is necessary because of the small populations of most municipalities in Marin. The County of Marin has the staff and expertise to administer the CDBG program on behalf of the entire county. ANALYSIS The Agreement enables residents and homeowners in Tiburon to apply for financial assistance through various federally funded programs, such as the HOME Investment Partnership Act. The Agreement, last renewed in 2020 (Exhibit 1), is about to expire and must be renewed by June 30, 2023 for the Town to continue participation in the program. Minor changes to the agreement were made to comply with the latest HUD guidelines for CDBG Urban County qualification. A resolution authorizing renewal and execution of the Agreement is attached as Exhibit 2. The draft Agreement is attached as Exhibit 3. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of this item. CLIMATE IMPACT TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 17, 2023 Agenda Item: CC-3 Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 2 OF 2 Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staf 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 2) authorizing execution of the agreement. Exhibit(s): 1. 2020 Agreement 2. Draft Resolution 3. 2023 1st Amendment to Agreement Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 EXHIBIT 2 Page 1 of 1 Town Council Resolution No. XX-2023 DRAFT 05/17/2023 DRAFT RESOLUTION NO. XX-2023 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING EXECUTION OF A THREE-YEAR COOPERATION AGREEMENT WITH THE COUNTY OF MARIN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS WHEREAS, it is mutually desired by the Town of Tiburon and the County of Marin that they may enter into a Cooperation Agreement, in accordance with the Housing and Community Development Act of 1974, as amended, in order to jointly undertake community renewal and lower income housing assistance activities; and WHEREAS, as a result of the Cooperation Agreement between the Marin cities and towns and the County of Marin, Marin has received over $79 Million in CDBG and HOME funding for housing and community facilities and public service projects benefitting lower income persons since 1975; and NOW THEREFORE IT IS HEREBY RESOLVED that the Town Council of the Town of Tiburon approves and authorizes the Mayor, on behalf of the Town, to execute a three year Cooperation Agreement with the County of Marin for the Community Development Block Grant Program, the HOME Investment Partnerships Program and the Emergency Solutions Grants Program. The three-year period shall be for the federal Fiscal Years 2024, 2025, and 2026. BE IT FURTHER RESOLVED that the Town hereby adopts the policies included in the Cooperation Agreement. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 17, 2023, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK EXHIBIT 3 FIRST AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND TOWN OF TIBURON FOR A COMMUNITY DEVELOPMENT PROGRAM This FIRST AMENDMENT (“First Amendment”) to that certain Community Development Block Grant and Home Investment Partnerships Program Cooperation Agreement between the County of Marin, a political subdivision of the State of California, hereinafter called "County," and Town of Tiburon, a municipal corporation of the State of California, located in the County of Marin, hereinafter called "City," collectively referred to as “Parties,” dated on or about June 3, 2020 (“Cooperation Agreement”), is hereby entered into between the Parties, effective July 25, 2023. The purpose of this First Amendment is to renew the Cooperation Agreement for federal fiscal years 2024-2026 and to incorporate into the Cooperation Agreement language as required by the U.S. Department of Housing and Urban Development (HUD), Office of Community Planning and Development (CPD) Notice 23-02. Accordingly, the County of Marin and the City hereby agree as follows: 1. Amendment to Paragraph 9. Paragraph 9 of the Cooperation Agreement is hereby amended as follows: County, City, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, affirmatively furthering fair housing and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152. County, City, and all other cooperating cities shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws. Use of urban county funds for activities in, or in support of, any cooperating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county’s actions to comply with the county’s fair housing certification shall be prohibited. The City must also sign the assurances and certifications in the HUD 424- B, attached hereto. Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503. County, City, all other cooperating cities, metropolitan cities, urban counties, units of general local government, Indian tribes, and insular areas that directly or indirectly receive funds provided under Title I of the Housing and Community Development Act of 1974, as amended, may not sell, trade, or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. 2. Amendment to Fiscal Year References. All references in the Cooperation Agreement to “federal fiscal years 2021, 2022, and 2023” are hereby amended to refer to “federal fiscal years 2021, 2022, 2023, 2024, 2025, and 2026.” 3. All Other Provisions Unchanged. All provisions of the Cooperation Agreement not explicitly amended through this First Amendment remain in full force and effect. 4. Authority to Execute Amendment. The person signing on behalf of the Town of Tiburon certifies to the County that he/she/they has the authority to execute this First Amendment, and that execution of this First Amendment on behalf of the City is in accord with all City processes for obtaining such signature. The person executing this First Amendment on behalf of the City recognizes that the County will rely on this certification in order to procure funds from HUD for use by the City. IN WITNESS WHEREOF, the Parties have executed the above instrument on the day and year first above written. COUNTY OF MARIN TOWN OF TIBURON By: By: Stephanie Moulton-Peters, President Board of Supervisors Mayor ATTEST: ATTEST: Deputy Clerk of the Board Clerk MASTER FORM APPROVED AS TO FORM: Brandon Halter Deputy County Counsel County of Marin TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Consider Adopting Resolution Denying Appeal of Site Plan and Architectural Review approval for exterior alterations and construction at 699 Hilary Drive. File Nos. DR2022-084/VAR2022-022/VAR2022-023/VAR2022-027; Assessor Parcel No. 055-211-02. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY On April 19, 2023, the Town Council decided to deny an appeal of the Design Review Board’s decision on the project at 699 Hilary Drive. This item is for the consideration of a Resolution memorializing that decision. RECOMMENDED ACTION(S) 1. Adopt the Resolution as part of the Consent Calendar. BACKGROUND On February 2, 2023, the Design Review Board conditionally approved a Site Plan and Architectural Review application for exterior alterations and additions to an existing single- family residence on a R-1 zoned property at 699 Hilary Drive, along with three variance requests. A timely appeal was filed of the Design Review Board’s decision. On April 19, 2023, the Town Council held a public hearing on an appeal of the Design Review Board’s decision on this application. After closing the public hearing, the Town Council voted 3- 0-1 (Fredericks, Thier, Welner voted yes, Ryan abstained) to direct staff to prepare a resolution denying the appeal for consideration and adoption at the next meeting. The draft resolution was placed on the consent calendar for the May 3, 2023, Town Council Meeting. The draft resolution was modified to include specific findings and now comes before the Town Council for adoption. The draft resolution is attached as Exhibit 1. ANALYSIS No further analysis is provided. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 17, 2023 Agenda Item: CC-4 Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 2 OF 2 FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. 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. RECOMMENDATION Staff recommends that the Town Council adopt this Resolution (Exhibit 1), as part of the Consent Calendar. EXHIBIT 1. Draft Resolution denying the appeal EXHIBIT 1 EXHIBIT 1 4874-4561-0337 v3 RESOLUTION NO. XX-2023 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY KARINA AND ANDREW HOUGHTON OF THE DESIGN REVIEW BOARD’S APPROVAL OF A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR EXTERIOR ALTERATIONS AND CONSTRUCTION OF APPROXIMATELY 389 SQUARE FOOT ADDITION TO THE EXISTING SINGLE-FAMILY HOME AND CONSTRUCTION OF AN APPROXIMATELY 475 SQUARE FOOT NEW EXCAVATED ATTACHED GARAGE, ALONG WITH THREE SEPARATE VARIANCE REQUESTS FOR (1) REDUCED REAR (NORTH) SETBACK; (2) REDUCED LEFT (WEST) SIDE SETBACK; AND (3) EXCESS LOT COVERAGE OF 33.3% WHEN A MAXIMUM OF 30% IS ALLOWED. THE MAIN ROOF RIDGE OF THE EXISTING RESIDENCE IS PROPOSED TO INCREASE IN HEIGHT BY 7” FROM THE EXISTING MAIN RIDGE HEIGHT. THE WESTERN PORTION OF THE ROOF RIDGE FOR THE PROPOSED ADDITION OVER THE MASTER BEDROOM AND BEDROOM 1 IS PROPOSED TO BE ALTERED RESULTING IN AN INCREASE IN HEIGHT BY 14” TO THE EXISTING RIDGE HEIGHT AND LOCATED CLOSER TO THE MAIN RIDGE OF THE EXISTING ROOF. THE PROJECT PROPOSES A TOTAL BUILDING HEIGHT OF 20’-9” AS A TWO-STORY DEVELOPMENT WITH A NEW EXCAVATED GARAGE, WHEN A MAXIMUM HEIGHT OF 30’ IS PERMITTED. THE PROJECT SITE IS LOCATED ON AN R-1 ZONED PROPERTY AT 699 HILARY DRIVE. (ASSESSOR PARCEL NO. 055-211-02) WHEREAS, on January 19, 2023, the Design Review Board held a duly noticed public hearing to consider a Site Plan and Architectural Review application (File No. DR2022-084) filed by Christina Goebel and Park Allen (“Applicants’) for exterior alterations and additions to an existing single-family dwelling on a R-1 zoned property located at 699 Hilary Drive, along with three variance requests (VAR2022- 022/VAR2022-023/VAR2022-027); and WHEREAS, the official record for this application is hereby incorporated and made part of this Resolution. The record includes, without limitation, staff reports, minutes, application materials, appeal materials, correspondence, and all comments and materials received at any public hearings on this project. WHEREAS, on January 19, 2023, the Design Review Board reviewed the project, based upon the application materials and analysis provided in the staff reports and the attachment thereto, as well as the data submitted, supplemented by public comment and on-site inspections to the site and adjoining sites, and deliberations at the meeting, and determined that the project is consistent with Section 16-52.020(A) (Purposes), Section 16-52.020 (H) of the Tiburon Zoning Code (Guiding Principles in the Review of Site EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 2 of 21 4874-4561-0337 v3 Plan and Architectural Review Applications) and found that sufficient findings can be made to support the three variance requests: (1) reduced rear setback, (2) reduced left- side setback and (3) excess lot coverage in accordance to Section 16-52.030 (E) (Variance Findings by Review Authority). WHEREAS, the Design Review Board voted 3-1-1 (Berger, Chong and Malott voted yes, Kim voted no, Dughaish absent) and directed staff to prepare a resolution for approval with standard conditions, along with a condition to require a dark, non-reflective roof color and material, to be presented at the next available meeting for consideration and adoption. WHEREAS, on February 2, 2023, the Design Review Board reviewed the draft resolution of approval with conditions. Upon receiving public testimony and deliberations, the Design Review Board voted 3-1-1 (Boardmember Kim voted no and Boardmember Dughaish abstained) to approve the project by a resolution with modifications to the draft conditions. WHEREAS, at both the January 19, 2023, and February 2, 2023, Design Review Board public hearings on this project, the adjacent property owner at 697 Hilary Drive opposed the application and raised concerns that the project, along with the variance requests, would potentially create view blockage, massing and visual impacts, privacy impacts and trespassing issue. The property owners residing at 697 Hilary Drive also raised concerns that the project is incompatible with the neighborhood character and is inconsistent with the Town’s General Plan, Municipal Code and Design Guidelines for Hillside Dwellings. WHEREAS, on February 16, 2023, the owner of 697 Hilary Drive (“Appellant”) filed a timely appeal of the Design Review Board’s decision, objecting to the potential view blockage, massing and visual impacts, privacy impacts caused by the proposed project; and alleged that the project is inconsistent with the Town’s General Plan, Municipal Code, and Design Guidelines for Hillside Dwellings. WHEREAS, on April 19, 2023, the Town Council held a duly-noticed public hearing, on a de novo basis, on the appeal, during which testimony was heard and considered regarding the application and the Design Review Board’s review and decision on the application. At the conclusion of the public hearing, the Town Council voted 3-0- 1 (Fredericks, Thier, Welner voted yes, Ryan abstained) to direct staff to prepare a resolution denying the appeal, and upholding the Design Review Boards decision for consideration of adoption at the next meeting. Town Council determined that the subject application would be consistent with the guiding principles in review of Site Plan and Architectural Review application contained within Section 16-52.020(A) (Purposes), Section 16-52.020 (H) of the Tiburon Zoning Code (Guiding Principles in the Review of Site Plan and Architectural Review Applications) and Section 16-52.030 (E) (Variance Findings by Review Authority) for the three variance requests: (1) reduced rear setback, (2) reduced left-side setback and (3) excess lot coverage, as detailed in Exhibit A, attached to this resolution. EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 3 of 21 4874-4561-0337 v3 WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 and 15303 of the CEQA Guidelines. The Town Council further finds that none of the exceptions in Section 15300.2 apply, as there is no evidence that the project will result in any significant adverse environmental impacts, presents unusual circumstances, or involves an environmental resource of hazardous or critical concern, a hazardous waste site, damage to a scenic highway, or cause a substantial adverse change in the significance of a historical resource; and WHEREAS, on May 3, 2023, as directed, Town Staff prepared a draft resolution denying the appeal and upholding the Design Review Board’s decision to approve the Site Plan and Architectural Review Application (File # DR2022-084), along with three Variance requests (File # VAR2022-022/VAR2022-023/VAR2022-027). WHEREAS, on May 17, 2023, Town Staff amended the draft resolution to include specific findings and Town Council considered the amended resolution denying the appeal and upholding the Design Review Board’s decision to approve the Site Plan and Architectural Review Application (File # DR2022-084), along with three Variance requests (File # VAR2022-022/VAR2022-023/VAR2022-027). NOW, THEREFORE, BE IT RESOLVED that the foregoing Recitals are true and correct and are incorporated herein and form a part of this Resolution. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon hereby denies the appeal of Karina and Andrew Houghton and approves the Site Plan and Architectural Review application (File # DR2022-084) for exterior alterations and additions to an existing single-family dwelling on a R-1 zoned property located at 699 Hilary Drive, along with three Variance (File # VAR2022-022/VAR2022-023/VAR2022-027) requests, based upon the findings set forth in the attached Exhibit A, and subject to the conditions of approval listed in the attached Exhibit B. PASSED AND ADOPTED at a regular meeting of the Town Council on May 17, 2023 by the following vote: AYES: COUNCILMEMBERS: FREDERICKS, THEIR, WELNER NAYS: COUNCILMEMBERS: NONE ABSTAINED: COUNCILMEMBERS: RYAN ____________________________ ALICE FREDERICKS, VICE MAYOR TOWN OF TIBURON EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 4 of 21 4874-4561-0337 v3 ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 5 of 21 4874-4561-0337 v3 EXHIBIT A FINDINGS 699 HILARY DRIVE A.P.N. 055-211-02 File # DR2022-084/VAR2022-022/VAR2022-023/VAR2022-027 A. Findings. The Town Council makes the following findings for Site Plan and Architectural Review (TMC § 16-52.202(A) and (H)) and the findings required for the Variances (TMC § 16- 52.030(E)). 1. Site Plan and Architectural Review. In accordance with Tiburon Municipal Code (TMC) section 16-52.020, Site Plan and Architectural Review, the proposed use and structures will further the purpose set forth in subsection 16-52.020(A). and satisfy the applicable criteria of subsection 16-52.020(H) as set forth in the findings below: 16-52.020(A) Purpose. 1. Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhood. The project will improve and continue to support the existing home to be used as a single-family residence. The project proposal includes additions that minimize disturbance to the existing natural vegetation on the rear, left and right sides. On the front elevation, the project design will improve the existing landscape with new planters, driveway, and pedestrian entry gate. The proposed improvements appear to have a design that is compatible with the standards of other improved homes found in the surrounding neighborhood in terms of use, scale, and architecture. 2. Retains and strengthens the visual quality of an attractive character of the town. The project will be built in a style that is compatible with the existing home and other structures in the vicinity. Proposed exterior finishes will match with existing finishes to strengthen the visual quality of the home. In addition, the project includes landscape improvements to the front yard, which will improve the overall attractiveness of the site with a better curb appearance. The proposed additions and exterior improvements will continue to retain the visual quality and character of the Town. 3. Ensures that landscaping emphasizes drought tolerant native species and protects mature vegetation. EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 6 of 21 4874-4561-0337 v3 The project will maintain the majority of existing landscaping in the rear, left and right side yards. New planters will be placed in the front yard along the new driveway with new drought tolerant landscaping. 4. Recognizes the interdependence of land uses and circulation and provides for an efficient and interconnected system of streets and pedestrian ways through town. The project includes an attached garage with an improved driveway to Hilary Drive. The project will contain the required parking onsite. The interconnected system of streets and pedestrian access will not be impacted negatively by the project. 5. Assists project developers in understanding the town’s concerns for the aesthetics of construction. The proposed addition will have a scale and massing that is compatible with other updated homes in the neighborhood. The proposed finishes of the building will be similar to the existing residence. The proposed construction is consistent with the Town’s aesthetics standards of construction. 6. Ensures that construction complies with all applicable town standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources. With the exception of the variance requests for (1) reduced rear setback, (2) reduced left side setback and (3) excess lot coverage, the project will comply with all required development standards. The Town Council has considered the appellants’ concerns relating to view, visual bulk, massing, and privacy impacts, as well as the project’s compatibility with the neighborhood in the vicinity. Upon deliberations, the Town Council found that the project, as conditioned, will interfere minimally with the view of adjacent dwellings. The proposed additions are properly located on the site and will respect the location of other existing improvements on adjoining sites. The Town Council found that the project, as conditioned, would be in substantial conformance with the guiding principles of Site Plan and Architectural Review, as well as applicable Hillside Design Guidelines as a whole. As such, the Town Council determined that the project would not adversely affect the community health, safety, aesthetics, or natural resources for the neighborhood. 16-52.020(H) Guiding Principles 1. Site plan adequacy. Proper relation of a project to its site, including that it promotes orderly development of the community, provides safe and reasonable access, and will not be detrimental to the public health, safety, and general welfare. The project is located on a 7,353 square foot lot with an existing one-story single-family residence that was originally developed in 1954. The existing residence has a nonconforming portion that is approximately 20 square feet in size and is EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 7 of 21 4874-4561-0337 v3 encroaching into the rear yard that results in a 13’-2” rear setback, where a minimum of 17’ rear setback is normally required. Within the rear setback area, the project will include a total of 56 square feet of area to be located 11’-7” and 13’-6” from the rear property line, where a minimum of 17’ rear setback is required. Within the left side setback area, the project will add a 16 square foot addition that is located 6’-7” from the left side property line, where a minimum of 8’ side setback is required. The project will replace the existing curb cut and parking pad from Rock Hill Road with new landscaping. The project will create a new driveway access from Hilary Drive connecting to the new excavated garage and storage space. To accomplish this, the project includes variance requests for (1) reduced rear setback, (2) reduced left side setback and (3) excess lot coverage. Upon review of the project plan, receiving public testimony, including photographs and written submissions, and upon deliberations, the Town Council found that the project has considered the physical constraints on the site. The Town Council found that the proposed additions are properly located on the site in relation to the location of the existing residence on the property. The Town Council concurred with the Design Review Board and found that the project will promote orderly development, provide safe pedestrian and vehicular access, and will not create detrimental impacts to public health, safety, and general welfare. 2. Site layout in relation to adjoining sites. The location of proposed improvements on the site in relation to the location of improvements on adjoining sites, with particular attention to view considerations, privacy, location of noise-generating exterior mechanical equipment, adequacy of light and air, and topographic or other constraints on development imposed by particular site conditions. The project will increase the top of the existing main ridge by 7” and the top of the existing lower ridge by 14”. The project has a maximum proposed height of 20’-9” and is considered a two-story development with a new excavated garage and storage space connecting to Hilary Drive. The project proposes additions that extend horizontally from the existing home toward the rear, left and front. With the exception of the new excavated level, the majority of proposed additions will be located on the existing flat area on the site. The Town Council acknowledged the concerns raised by the appellants residing at 697 Hilary Drive. The Town Council reviewed the project, based upon the application materials and analysis provided in the staff reports and the attachment thereto, as well as the data submitted, supplemented by public comment, and deliberations at the meeting, and determined that the project will not create substantial view impact to the existing residence at 697 Hilary Drive. The Town Council considered that the Design Review Board and the applicant had studied alternatives to ensure the roof height increase is of the minimum EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 8 of 21 4874-4561-0337 v3 extent. The Town Council found that the project, as submitted, had paid particular attention to mitigate potential view impacts. The Town Council examined the site plan, as submitted, and found that the proposed additions are properly located on the site and will maintain appropriate distance from the existing improvement on adjoining properties, particularly to the uphill neighbor on the rear side. Upon deliberations, the Town Council found that the condition imposed by the Design Review Board to require a dark and non-reflective roof color and material would mitigate the visual impact of the project to the appellants’ property. The Town Council concurred with the Design Review Board findings and imposed the same condition, along with other standard conditions to this project. Furthermore, the Town Council acknowledged that the project would minimize disturbance to the existing natural vegetation on the rear, left and right sides of the property, which help to screen the project. The Town Council acknowledged that the proposed noise-generating equipment of an air-conditioner, as conditioned, is required to meet the Town’s noise policy. As conditioned, the Town Council found that the project, along with the proposed additions and roof alternation, would have a proper relation with the location of existing improvements on adjoining sites. 3. Neighborhood character. The height, size, and/or bulk of the proposed project bears a reasonable relationship to the character of existing buildings in the vicinity. A good relationship of a building to its surroundings is important. For example, in neighborhoods consisting primarily of one-story homes, second-story additions shall be discouraged, or permitted with increased setbacks or other design features to minimize the intrusion on the neighborhood. The proposed home is a two-story development with an excavated level for the new garage and storage space facing Hilary Drive. The proposed home appears to be one story when facing the rear, left and right sides. The proposed size of the home is reasonably scaled within the allowable gross floor area for a lot of this size. The Town Council acknowledged that the project is located in an area that consists of primarily one-story homes. The Town Council also reviewed the project, along with the three variance requests of reduced rear setback, reduced side setback and excess lot coverage. Upon deliberations, the Town Council found the project includes additions that are modest in size, and the proposed roof alterations consist of minimal height increase that is in keeping with the style and type of housing in the area and has the goal to interfere minimally with the view of adjacent dwellings. During deliberations, the Town Council acknowledged that the Design Review Board had examined alternate design options with different site layouts that may further mitigate potential view impacts to the appellants’ property, such as further setback the addition that goes toward the water and/or tuck the proposed garage further from the street toward the hillside. Upon deliberations, the Town Council found that the additions, at the proposed location EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 9 of 21 4874-4561-0337 v3 as submitted by the applicant, bear a reasonable relationship to the character of existing buildings in the vicinity. The Town Council concurred with the Design Review Board and found that the proposed residence, as conditioned, is designed with appropriate setback, articulation, and design features that would minimize the possibility of looming over other one-story homes and would minimize intrusion on the neighborhood. 4. Floor area ratio. The relationship between the size and scale of improvements and the size of the property on which the improvements are proposed. This concept is known as floor area ratio. The existing gross floor area of the site is approximately 2,150 square feet (2,030 square foot residence and a total of 120 square feet of sheds). The project will increase the gross floor area to approximately 2,474 square feet (2,419 square feet residence, plus 25 square feet of garage remainder and 30 square feet of shed). The maximum allowable gross floor area for a lot of this size is 2,573.5 square feet, where up to 450 square feet of garage area is exempt from counting toward gross floor area pursuant to TMC § 16-52.020(I). The project will be approximately 99.5 square feet below the maximum floor area permitted for a lot of this size. 5. Grading and tree removal. The extent to which the site plan reasonably minimizes grading and/or removal of trees, significant vegetation, or other natural features of the site such as rock outcroppings or watercourses. The project will export approximately 410 cubic yards of soil for the construction of a new garage and storage space. The project will retain most of the existing mature vegetation on the rear, left and right sides. New landscaping will be added in the front yard and will be drought and fire resistant. 6. Compatibility of architectural style and exterior finish. The architectural style and exterior finish are harmonious with existing development in the vicinity and will not be in stark contrast with its surroundings. The proposed architectural style and exterior finishes are consistent with the existing residence, which will not be in stark contrast with its surroundings. 7. Landscaping. Proposed landscaping, insofar as it is used appropriately to prevent erosion; to protect the privacy of adjoining sites; and to mitigate the visual and noise impacts of the proposed project. Applicants are encouraged to use native and drought- resistant landscaping. Proposed landscaping shall be used which will, at maturity, minimize primary view obstruction from other buildings. A cash deposit or other monetary security may be required to ensure the installation and/or maintenance for a one-year period of any and all landscaping. Projects that are subject to provisions of title IV, chapter 13E (water efficient landscape) of the Tiburon Municipal Code shall comply with the Marin Municipal Water District regulations regarding water-efficient landscaping adopted by reference therein. EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 10 of 21 4874-4561-0337 v3 As noted, the project will retain most of the existing mature vegetation on the rear, left and right sides. The project will have a new 6’ tall fence on the existing driveway from Rock Hill Road. Existing shrubs along the left side property lines will be maintained to minimize potential visual and privacy impacts of the property. The project will create a new driveway, entrance trellis and pedestrian gate from Hillary Drive. The project will include new vegetation in the front yard for visual improvement when viewing from the street. 8. Lighting. Proposed lighting, insofar as it should not invade the privacy of other properties, or produce glare or light pollution; yet provide adequate illumination for safety and security purposes. All proposed exterior lighting shall be shielded downlighting. To provide adequate illumination, the project includes exterior lighting fixtures for outdoor space and entry points. The proposed lights are required to be shielded downlighting. 9. Overall property improvement. In order to allow the gradual upgrading of existing improvements, upgrades may be required to be made to existing buildings and the site as a whole. The review of applications for additions or modifications to existing development may include conditions requiring changes and/or modifications to existing buildings and site improvements for the entire property to the extent that there is a reasonable relationship between the requested project and the changes and/or modifications required. The property is not on the Town’s list of historic properties. The proposed project will include improvements to the existing home and to the site with new landscaping. 10. Appropriate use of building envelope. In planned residential (RPD and RMP) zones, building envelopes are generally intended to provide a larger-than-needed area for flexibility in the appropriate sitting of a main structure and its accessory structures. The building envelope should not generally be interpreted as an area intended to be filled by a main structure and its accessory structures. The proposal is not located in an RPD and or RMP zone. The buildable area is established by height, setbacks and other limits as specified in the R-1 development standards. 11. Green building. The project design includes features that foster renewable energy and/or resource conservation. The project is not characterized as a new single-family dwelling; therefore, solar panels would not be required, and the home would not be required to comply with Tier 1 of the CalGreen Building Code requirements. The project will add insultation to the existing roof as a design feature that fosters resource conservation. EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 11 of 21 4874-4561-0337 v3 12. Conformance with zoning requirements. All modifications and site improvements shall conform with the setback, parking, and height requirements established for each zone by article II (zones and allowable land uses), and with any special requirements including recycling (see Municipal Code chapter 16C [recyclables collection area]) and screening guidelines established for specific uses by this zoning ordinance. The project is located in the R-1 zone. The proposed improvement would not comply with all zoning requirements. The proposed project requires variances for (1) reduced rear setback, (2) reduced left side setback and (3) excess lot coverage. 2. Variance. The three Variance requests are as follows (1) “Reduced Rear Setback” - reduced rear (north) setback to allow the proposed addition to be located 11’-7” and 13’- 6” from the rear (north) property line, when a minimum rear setback of 17’ is required; (2) “Reduced Left Side Setback” - reduced left (west) side setback to allow addition to be located 6’-7” from the left (west) side property line, when a minimum side setback of 8’ is required; and (3) “Excess Lot Coverage” - excess lot coverage of 33.3% when a maximum of 30% is allowed. In accordance with Tiburon Municipal Code (TMC) section 16-52.030(E), the requests for the three Variances are approved based on the following mandatory findings: 1. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Ordinance will deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones. Reduced Rear Setback The project site is 7,353 square feet in size, which is smaller than the 10,000 square foot minimum lot size in the R-1 zone and is relatively smaller in size than other properties in the vicinity. The subject property is a corner lot with three street-facing sides, and the rear (north) property line is sloped in an angle. The shape of the lot creates an irregularly shaped buildable area. The lot has a hilly topography in the front and rear yards. In addition, the existing residence has a nonconforming element that does not comply with the current minimum rear setback requirement. Because of smaller lot size, irregular lot shape, hilly site topography, and the location of existing development on the property, the strict application of rear yard setback requirement would deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones. Reduced Left Side Setback As noted, the subject property has three sides facing the street. On the left (west) side, the property line is highly irregular following the shape of the abutting cul-de-sac. The existing residence has a nonconforming element that does not currently comply with the current minimum rear setback requirement. Because of the irregular lot shape and the location of existing residence on the property, the EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 12 of 21 4874-4561-0337 v3 strict application of left side yard setback requirement would deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones. Excess Lot Coverage As noted, the project site is 7,353 square feet in size, which is smaller than the 10,000 square foot minimum lot size in the R-1 zone and is relatively smaller in size than other properties in the vicinity. The lot has an irregular lot shape and hilly topography in the front and rear. As a result, the existing home is encroaching into the rear setback area. The strict application of lot coverage requirement would require the property owner to build the allowable living space with a two-story addition that may create potential view impact to the adjoining neighbors and/or involve further site excavation. Because of the smaller lot size, irregular lot shape, the hilly topography, the location of existing home and the surroundings, the strict application of lot coverage requirement would deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones. 2. The Variance will not constitute a grant of special privileges, inconsistent with the limitations upon other properties in the vicinity and in the same or substantially the same zone. Reduced Rear Setback Other properties in the vicinity and in the same or substantially the same zone that have received variances for reduced rear yard setback include 693 Hilary Drive (File No. 25405), 720 Hilary Drive (File No. 26311) and 695 Hawthorne Drive (File No. 20737). The Variance request for this project will not constitute a grant of special privileges, inconsistent with the limitations upon other properties in the vicinity and in the same or substantially the same zone. Reduced Left Side Setback Other properties in the vicinity that have received variances for reduced side yard setback include 689 Hilary Drive (File No.20508) and 735 Hawthorne Drive (File No. 20604). The Variance request for this project will not constitute a grant of special privileges, inconsistent with the limitations upon other properties in the vicinity and in the same or substantially the same zone. Excess Lot Coverage Numerous properties in the Hawthorne Terrace neighborhood and similar zones have been granted variance for excess lot coverage. Other properties in the vicinity that have received variances for excess lot coverage include 3 Rock Hill Road (File No. DR2017-119), 690 Hilary Drive (File No. 299032) and 695 Hawthorne Drive (File No. 20737). The Variance request for this project will not constitute a grant of special privileges, inconsistent with the limitations upon other properties in the vicinity and in the same or substantially the same zone. EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 13 of 21 4874-4561-0337 v3 3. The strict application of this Zoning Ordinance would result in practical difficulty or unnecessary physical hardship. Self-created hardships may not be considered among the factors that might constitute special circumstances. A self- created hardship results from actions taken by present or prior owners of the property that consciously create the very difficulties or hardships claimed as the basis for an application for a Variance. Reduced Rear Setback The existing rear setback encroachment is partly due to the fact that the subject property has a rear (north) property line is sloped in an angle, which creates an irregular buildable area for the lot. This limitation in the buildable area results in practical difficulty or unnecessary physical hardship with the strict application of the rear setback requirement. The Town Council reviewed the project, based upon the application materials and analysis provided in the staff reports and the attachment thereto, as well as the data submitted, supplemented by public comment, and deliberations at the meeting, and determined that there are special physical circumstances applicable to this property as the property is smaller in size, is constrained by three sides, has odd lot shape, and has hilly topography. These special circumstances have significantly confined the layout of existing and future structures on the lot. Along with the configuration of existing buildings on adjoining properties, the subject site is limited from increasing the height of the structure and expanding horizontally when the goal is to interfere minimally with the views of adjacent dwellings. The Town Council found that the strict application of setback requirements would create practical difficulty for the applicant when the proposed additions are limited to be located within the buildable area. The Town Council acknowledged that the Design Review Board and the applicant had examined alternate locations for the additions to be located within the buildable area, and recognized that additions could be located on the rear side behind the existing family room of 699 Hilary Drive. However, the Town Council concurred with the Design Review Board’s determination and acknowledged that such location would be closer to the existing home of the appellants at 697 Hilary Drive, which may create potential privacy and visual impacts. The Town Council found that the variance request for reduced setbacks is not due to self-created hardship, but it is due to the irregular buildable area of the lot and the location of existing development in the surrounding environment. Reduced Left Side Setback The subject property has three street-facing sides, and the left (west) side property line is curved with the abutting cul-de-sac. The irregular lot shape limits the location of possible addition within the buildable area, which would result in practical difficulty or unnecessary physical hardship with the strict application of left setback requirement. EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 14 of 21 4874-4561-0337 v3 The Town Council reviewed the project, based upon the application materials and analysis provided in the staff reports and the attachment thereto, as well as the data submitted, supplemented by public comment, and deliberations at the meeting, and determined that there are special physical circumstances applicable to this property when the property is smaller in size, is constrained by three sides, has odd lot shape, and has hilly topography. These special circumstances have significantly confined the layout of existing and future structures on the lot. Along with the configuration of existing buildings on adjoining properties, the subject site is limited from increasing the height of the structure and expanding horizontally when the goal is to interfere minimally with the views of adjacent dwellings. The Town Council found that the strict application of setback requirements would create practical difficulty for the applicant when the proposed additions are limited to be located within the buildable area. The Town Council acknowledged that the Design Review Board and the applicant had examined alternate locations for the additions to be located within the buildable area, and recognized that additions could be located on the rear side behind the existing family room of 699 Hilary Drive. The Town Council concurred with the Design Review Board’s determination and acknowledged that such location will be closer to the existing home on abutting site at 697 Hilary Drive, which may create potential privacy and visual impacts. The Town Council found that the variance request for reduced setbacks is not due to self-created hardship, but it is due to the irregular buildable area of the lot and the location of existing development in the surrounding environment. Excess Lot Coverage The project site is sloped down from north (rear) to south (front). The strict application of lot coverage requirement would prevent the property owner from building horizontally, and the addition of allowable living area may then need to be built vertically that will create potential view impacts to the adjoining uphill neighbors and/or to involve greater site excavation with potential environmental impact. The Town Council reviewed the project, based upon the application materials and analysis provided in the staff reports and the attachment thereto, as well as the data submitted, supplemented by public comment, and deliberations at the meeting, and determined that the variance request for excess lot coverage is due to the site topography and existing improvements in the surroundings. The Town Council found that the strict application of the lot coverage requirement would result in practical difficulty or unnecessary physical hardship to the property owners. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity. Reduced Rear Setback The proposed additions within the rear setback measures 56 square feet in size (consists of 20 square feet of the existing nonconforming element and 36 square feet of new addition) and is one-story in height. The property to the rear (north) is EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 15 of 21 4874-4561-0337 v3 located on the uphill and will look over the proposed additions that are located within the rear setback area. The Town Council had considered the concerns raised by the appellants at 697 Hilary Drive relating to potential view, visual bulk, massing, and privacy impacts created by the project to other properties in the vicinity. Upon review of the project plan, site inspections, public testimony and deliberations, the Town Council found that the project is designed to interfere minimally with the existing view of adjacent dwellings. The Town Council further found that the project, as conditioned, will not create significant adverse impacts to nearby neighbors. As such, the Town Council found that the granting of the variance request would be not detrimental or injurious to other property in the vicinity. Reduced Left Side Setback The proposed addition within the left side setback is comprised of 15 square feet in size and is one-story in height. The proposed addition will not be highly visible from the abutting cul-de-sac when the existing vegetation is maintained. The granting of a reduced left side setback variance does not appear to be detrimental to the public welfare or injurious to other properties in the vicinity. Excess Lot Coverage The Town Council had considered the concerns raised by the appellants at 697 Hilary Drive relating to potential view, visual bulk, massing, and privacy impacts created by the project to other properties in the vicinity. Upon review of the project plan, site inspections, public testimony and deliberations, the Town Council found that the project includes additions that are modest in size, and the proposed roof alterations consist of height increase that are at the minimum extent. The Town Council further found that the project, as conditioned, will not create significant adverse impacts to nearby neighbors. As such, the Town Council found that the granting of the variance request would be not detrimental or injurious to other property in the vicinity. --End of Findings-- EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 16 of 21 4874-4561-0337 v3 EXHIBIT B CONDITIONS OF APPROVAL 699 HILARY DRIVE A.P.N. 055-211-02 File # DR2022-084/VAR2022-022/VAR2022-023/VAR2022-027 Community Development Department 1. This approval shall be used within three (3) years of the approval date and shall become null and void unless a building permit has been issued. 9. The owner and/or applicant shall defend, indemnify, and hold the Town harmless along with the Town Council, commissions, boards, agents, officers, employees, and consultants from any claim, action, or proceeding (“action”), against the Town, its boards, commissions, agents, officers, employees, and consultants attacking or seeking to set aside, declare void, or annul the approval(s) of the project or alleging any other liability or damages based upon, caused by, or related to the approval of the project. The Town shall promptly notify the owner and/or applicant of any action. The Town, in its sole discretion, may tender the defense of the action to the owners and/or applicants or the Town may defend the action with its attorneys with all attorney’s fees and litigation costs incurred by the Town in either case paid for by the owner and/or applicant. 10. The construction of this project shall substantially conform to the application as approved by the Design Review Board on February 2, 2023, as may be amended by these conditions of approval. Any substantial modification to the drawings dated December 8, 2022, stamped “Approved by Design Review Board on February 2, 2023”, as determined in the discretion of the Director of Community Development or his/her designee, shall be reviewed, and approved by the Design Review Board. 11. At the time of building permit submittal, a copy of the Planning Division’s “Notice of Action”, including the attached “Conditional of Approval” for this project, shall be copied onto a sheet near the front of each set of construction drawings. 12. Prior to the issuance of a building permit, the applicant shall submit a construction management plan that addresses, parking, traffic control, construction management, construction staging, scheduling, construction equipment, washout, road/access maintenance and repair and other concerns to the satisfaction of the Building Official and Community Development Director. 13. Construction drawings submitted to the Building Division for plan check shall be materially identical to those approved by the Design Review Board. If any changes are made to the approved Design Review drawings, the permit holder is responsible for clearly identifying all such changes when construction drawings are submitted to the Building Division for plan check. For Planning Division conformance check purposes, such changes must be clearly highlighted (with a “bubble” or “cloud”) on the submitted construction drawings. A list describing in detail all such changes shall be submitted and attached to the construction drawing set, with a signature block to be signed by the Planning Division Staff member indicating that these changes have been reviewed and are approved, or will require separate Design Review approval. All changes to a project that have not been explicitly approved by Planning Division Staff as part of the Building Division Plan Check process are not approved. Construction that does not have Planning EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 17 of 21 4874-4561-0337 v3 Division approval is not valid and shall be subject to stop work orders and may require removal. 14. At the time of building permit submittal, construction drawings for building permit shall demonstrate that all exterior lighting fixtures, other than those specifically approved by the Design Review Board to be otherwise, must be down-light type fixtures with shielding where appropriate. 15. At the time of building permit submittal/planning conformance check, it shall be confirmed that all skylights will be bronzed or tinted in a non-reflective manner (minimum 25%), and no lights shall be placed in the wells of the skylights. Installation in accordance with the approved plans shall be documented prior to final building inspection sign-off. 16. At the time of building permit submittal, a copy of the Planning Division’s “Notice of Action”, including the attached “Conditions of Approval” for this project, shall be copied onto a sheet near the front of each set of construction drawings. 17. All exterior HVAC units and generators shall comply with the Town’s Noise Standards Policy for Air Conditioning Units. www.townoftiburon.org/DocumentCenter/View/1050/HVAC-and-Similar-Mechanical-Equipment-Noise-Policy. If the units exceed this noise standards at the property line, noise baffles or other sound reduction shall be required to reduce the sound levels at the property lines and may require a separate Design Review application. 18. Any structures located within a required setback shall not exceed three (3) feet in height at any point, unless otherwise amended by this resolution or is permitted in the Municipal Code. 19. Any new fencing and/or walls located within a required setback shall not exceed six feet (6’) in height at any point, measured from grade on both sides of the fence/wall. All new fencing, walls and footings shall be located entirely on the subject property. 20. Prior to commencement of construction, a construction information sign shall be posted on the site during construction of the project, in a location plainly visible to the public. The sign shall be 24” x 24” in size and shall be made of durable, weather-resistant materials intended to survive the life of the construction period. The sign shall contain the following information: job street address; work hours allowed per Chapter 13 of the Tiburon Municipal Code; builder (company name, city, state, ZIP code); project manager (name and phone number); and emergency contact (name and phone number reachable at all times). The sign shall remain posted until the contractor has vacated the site. 21. Prior to the issuance of a Certificate of Occupancy or final building inspection sign-off, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a Planning Division field inspection prior to the issuance of occupancy permits. 22. Prior to under-floor inspection, a survey prepared by a licensed surveyor of the structure foundation is required to be submitted to the Building Division. Required documents shall include: 1) graphic documentation accurately locating the building on a site plan; 2) specific distances from property lines and other reference points to the foundation as EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 18 of 21 4874-4561-0337 v3 appropriate; and 3) elevations relative to mean sea level of the foundation walls and slabs. No additional inspections will be provided until the confirming survey results have been submitted. 23. If any existing landscaping that is not proposed to be removed is subsequently removed during construction, the applicant shall submit a revised landscaping plan to Planning Division staff for review and approval of additional adequate landscaping, prior to a Final Inspection. The Planning Division staff may refer any subsequent landscaping plan to the Design Review Board. 24. The following condition, which was imposed by the Design Review Board on the January 19, 2023, meeting, and as adopted by resolution in the February 2, 2023, Design Review Board meeting, shall be included in the project plan at the time of building permit submittal: A. That the roof shall be in dark color and the roof material shall be non- reflective in nature. Roof color and materials shall be reviewed and approved by the Director of Community Development or his/her designee. Public Works Department 25. Prior to issuance of a building permit, the applicant shall incorporate into construction documents measures for site design, source control, run-off reduction and stormwater treatment as found in the Bay Area Stormwater Management Agency Association (BASMAA) Post-Construction Manual available at the Planning Division or online at the Marin County Stormwater Pollution Prevention Program (MCSTOPPP) website at www.mcstoppp.org. Prior to commencement of grading/building work on the site, the applicant shall implement the measures as shown on the construction documents. 26. An Encroachment Permit from DPW is required for any work within the Town’s road right-of way, including, but not limited to, utility trenching, installation of new utility connections, and modifications to the driveway apron. The plans shall clearly identify all proposed work in the right of way and an Encroachment Permit shall be obtained prior to conducting such work. 27. All work shall comply with Best Management Practices to prevent storm water contamination. 28. Throughout project construction, all requirements of the Town Engineer shall be met, including, but not limited to, the following, which shall be noted on Building Division drawings submitted for plan check: a. This project is creating and replacing 2,500 square feet or more impervious surface area, the site must implement at least one Post Construction mitigation in accordance with E.12 of the Town’s Municipal Stormwater Permit and the BASMAA Post-Construction Manual Design Guidance for Stormwater Treatment and Control for Projects in Marin, Sonoma, Napa, and Solano Counties. There are two runoff requirements: one Town requirement to reduce the peak flow rate to pre-development conditions which has been met, and a separate BASMAA requirement to reduce the total volume of runoff from the site. Since EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 19 of 21 4874-4561-0337 v3 the project is creating or replacing more than 2,500 sf of impervious area, it will need to do something to reduce the total volume of the runoff (not just reduce the peak flow rate). The acceptable options may include a Bioretention facility or you could also sheet flow the drainage across vegetated areas, but the areas need to have slopes, soil types, and vegetation that are conducive to allowing an inch of rainfall to infiltrate without eroding the soil. A final grading and drainage plan is required prior to building permit issuance implementing the BASMAA requirement. b. Prior to issuance of a Certificate of Occupancy or building permit final sign-off, a licensed land surveyor shall verify that fencing, walls, footings and building foundations are entirely within the subject property. If it is found that any portion of the structure(s) were placed outside of the property, that portion of the structure shall be removed and relocated to be entirely within the property boundaries. A certification letter, stamped and signed by the surveyor shall be provided as documentation. The letter is required to state that the licensed professional surveyor located the property boundary of the subject property and “certifies” that all structures, including fencing and foundations are located entirely within the subject property and do not encroach beyond it. The certification letter shall reference the building permit number, provide the date when the surveyor performed their services and must reference the property address and assessor’s parcel number. c. This project involves displacement of over 50 cubic yards of earth (including cut, fill, displacement, import and/or export) and the following are required: Prior to building permit issuance the applicant shall complete the Construction Erosion and Sediment Control Applicant Package that can be found in the helpful forms and documents section of the Town’s website. Link: http://townoftiburon.org/156/Helpful-Forms-Documents. Please note that projects with over 50 cubic yards of earth movement shall also be subject to post-rain-event erosion control inspections. 29. Prior to issuance of a building permit, review and acceptance of an Erosion and Sedimentation Control Plan by the Town Engineer is required. 30. Provide a final grading and drainage plan along with drainage calculations to support the drainage system design prior to building permit issuance. 31. All retaining walls shall be back drained. 32. All paved and unpaved finished surfaces shall be positively drained. Finished slopes and elevations shall be shown on the plans. 33. New construction shall not encroach onto Neighboring or Public Rights-of-Way. Tiburon Fire Protection District (TFPD) 34. Throughout the duration of project construction, all requirements of the Tiburon Fire Protection District shall be met. EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 20 of 21 4874-4561-0337 v3 35. Substantial Remodel shall mean the renovation of any structure, which combined with any additions to the structure, affects a floor area, which exceeds fifty percent (50%) of the existing floor area of the structure within any 36-month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in the computing floor areas for the purpose of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings. When the wall or ceiling coverings (i.e. gypsum board, plaster, sheetrock, etc.) are removed, altered, modified or added to, a lineal foot calculation of existing versus improved coverings shall be completed. This lineal foot calculation shall be applied in conjunction with, or separate from, the floor area calculation noted above to determine substantial remodel. See any additional comments below: Calculated a total of 1668.64 sq ft of Floor 1 and new garage. Existing habitable square footage assessed by County of Marin (shall be noted on Title page) & Additional square footage proposed to be added to habitable space: Existing sq ft is 2030. Affected area plus new additions added together and divided by Existing square footage with a percentage now represented for the 36 Month Calculation. 1668.64/2030= 82%. This is a Substantial Remodel. 36. An automatic residential fire sprinkler system is required to be installed in all new residences including garages conforming to NFPA Std. 13D & CFC Section 903 and as modified by the Fire Marshal. Plans, hydraulic calculations, and professional curt sheets shall be submitted to the Fire Marshal for review prior to installation. Contact the Marin Municipal Water District at (415) 945-1530 for all water system information. An upgrade for the domestic water meter may be needed. Additional sizing may be required due to available pressures and fire flow. Send all deferred submittals to this email address: plansubmittal@tiburonfire.org. We utilize a 14-business day turnaround for most reviews, exceptions for larger projects. Please account for holidays and weekends as not applicable to the 14-business day timeline. A fee of $288 for a sprinkler system up to 40 heads is required per Ordinance #129 and CFC Section 105.7.1. Any sprinkler heads over 40, are charged with $3 per head to the standard fee of $288. Approved smoke and carbon monoxide alarms shall be installed to provide protection to all sleeping areas. This is a requirement under CFC 907.2.10, but is the jurisdiction of the Building Division for inspection. An automatic residential fire sprinkler system shall be installed throughout existing one- and two-family dwellings when the floor area of an addition exceeds 50% of the existing floor area. Submit digital plans and cut sheets to plansubmittal@tiburonfire.org as a deferred submittal. 37. 'Knox' brand key box or gate switch shall be installed at the premises conforming to TFPD Policy. Order at www.knoxbox.com and select the product listed below. Be sure to enter "Tiburon Fire Protection District" when you are prompted to buy your product. 38. A Vegetation Management Plan (VMP) conforming to the policies of the Tiburon Fire District shall be prepared and implemented at the site. The VMP-Fuels Management Plan shall conform to Tiburon Fire Protection Policy 420 and Ordinance #129. The plan shall be incorporated into the landscape plan with specific language for defensible space zones, maintenance and plant species for the project and submitted to the Fire Marshal for review before a construction final inspection and is a permit issued via the Tiburon Fire District Ordinance #129 & CFC Section 105.7.26. Per the TFD Master Fee Schedule, a fee of $123.00 will be due before a final inspection shall be granted. VMP for entire EXHIBIT 1 Town Council Resolution No. DRAFT-2023 May 17, 2023 Page 21 of 21 4874-4561-0337 v3 parcel shall be submitted to plansubmittal@tiburonfire.org for compliance to Ordinance #129, TFD Policy #420, and Fire Safe Marin Guidelines. Other Agencies 39. Prior to issuance of a building permit, the applicant shall obtain required permits from the Sanitary District and comply with applicable Sanitary District regulations. 40. Prior to issuance of a Certificate of Occupancy by the Building Division, applicant shall submit documentation from the Sanitary District confirming that all applicable requirements of the district have been satisfied for occupancy. 41. Prior to issuance of a building permit, applicant shall submit written documentation that the final landscape and irrigation drawings would comply with current water efficient landscape requirements of Marin Municipal Water District (MMWD). 42. Prior to issuance of a Certificate of Occupancy by the Building Division, applicant shall submit documentation from MMWD confirming that all applicable requirements of MMWD have been satisfied for occupancy. --End of Conditions of Approval-- TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Recommendation to Award the Railroad Marsh Aquatic Vegetation Management Project to Solitude Lake Management at a Cost Not to Exceed of $242,804 and Direct Staff to Include Funding in the Fiscal Year 2024 Budget to Complete the Project. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The FY 2022/23 Capital Improvement Plan included funding for Railroad Marsh Aquatic Vegetation Management Project. The project was put out for bid and the bids have been opened. The lowest responsible responsive bidder is Solitude Lake Management with a bid of $220,731. Including a 10% contingency, the total expected expenditures for this project are $242,804. Council is considering award of the construction contract for this project as well as a FY24 Budget to complete the work. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Authorize the Town Manager to execute the award of contract for the Railroad Marsh Aquatic Vegetation Management Project to Solitude Lake Management for $220,731. 2. Authorize the Town Manager to approve construction contract change orders up to 10% of the construction contract amount for unforeseen construction issues. 3. Authorize staff to include in the Fiscal Year 2024 Budget funding for this project in the amount of $242,804. BACKGROUND The Town of Tiburon Railroad Marsh Aquatic Vegetation Management Project (Project) involves the removal and disposal of approximately 5,040 square yards of cattails and regrading the existing silt basins as described in the Environmental Engineering Recommendations and Plans attached as Exhibit 1. The engineer’s opinion of probable construction costs was $260,979. The project was put out for bid in March 2023. A mandatory pre-bid meeting was scheduled on April 6, 2023, and bids for the project were opened publicly on April 19, 2023. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 17, 2023 Agenda Item: CC-5 Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 2 OF 3 The Town received the following two bids: McNabb Construction Bid: $259,259 Solitude Lake Management. Bid: $220,731 Solitude Lake Management included all the required forms, and staff verified that they have a valid Contractor’s license. ANALYSIS Staff has reviewed the bid submitted by Solitude Lake Management and find no bid irregularities and have determined that they are the lowest responsible and responsive bidder. The bid is below the engineer’s estimated by $40,248 (15.4%). Staff is also recommending the Council authorize the Town Manager to approve change orders not to exceed 10% of the contract amount to address any unforeseen construction issues in a timely manner. The total estimated cost of the Project is shown in the table below. Note that Engineering & Design and Construction was funded in FY23 in the amount of $383,000. Construction is only allowed during the months of September and October, therefore funding in the amount of $242,804 will need to be budgeted for FY24 to complete the work. Phase FY2022/23 Expended to Date Projected FY 24 Cost Total Engineering & Design $77,468 -- $77,468 Construction -- $220,731 $220,731 Contingency -- $22,073 $22,073 Construction Management -- -- -- Environmental -- $10,000 $10,000 Total $77,468 $242,804 $330,272 To summarize, the total estimated project cost (inc. 10% contingency) is $330,272, with $77,468 expended in FY23. This leaves an estimated remaining project cost of $242,804 to be spent in FY 24. If Council approves the project, staff is requesting Council to authorize a Fiscal Year 2024 Budget line item in the amount of $242,804. A copy of the agreement with Solitude Lake Management, Inc is included as Exhibit 2. After this action to award by the Council, staff will send a Notice of Award to the Contractor along with this agreement for the Contractor to execute. FINANCIAL IMPACT As noted in the analysis above, the Fiscal Year 2022-23 (FY 23) budget included $383,000 in funding for this project. With projected FY 24 project costs of $242,804, staff is requesting Council to authorize a Fiscal Year 2024 Budget in the amount of $242,804 to complete the project. Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 3 OF 3 CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff determined that this Project is categorially exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15301, Class 1 (c)) of the CEQA Guidelines. The Project consists of the repair and maintenance of existing public facilities, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. A Notice of Exemption was filed with the Marin County Recorder and State Clearing House. RECOMMENDATION Staff recommends that the Town Council: 1. Authorize the Town Manager to execute the award of contract for the Railroad Marsh Aquatic Vegetation Management Project to Solitude Lake Management for $220,731. 2. Authorize the Town Manager to approve construction contract change orders up to 10% of the construction contract amount for unforeseen construction issues. 3. Authorize staff to include in the Fiscal Year 2024 Budget funding for this project in the amount of $242,804. Exhibit(s): 1. Environmental Engineering Recommendations and Plans 2. Construction Agreement Prepared By: David O. Eshoo, Engineering Manager EXHIBIT 1 Town of Tiburon 2021 Prepared by Harrison Engineering Inc. June 14, 2021 Railroad Marsh Aquatic Plant Management and Environmental Engineering Recommendations 1 | P a g e RAILROAD MARSH AQUATIC PLANT MANAGEMENT AND ENVIRONMENTAL ENGINEERING RECOMMENDATIONS To: David Eshoo – Associate Engineer, Town of Tiburon From: Randell Harrison, Kevin Wheat Date: June 14, 2021 Re: Recommendations for Railroad Marsh Maintenance I. Introduction The Town of Tiburon owns and maintains this isolated urban freshwater marsh, just north of Tiburon Town Hall. Cattail growth has been a historical problem in the Railroad Marsh, and the Town has asked HEI to develop recommendations for the marsh that address cattail growth and sedimentation. II. Background & Project Understanding To determine recommendations, HEI compared data from 2001, a hydrographic survey from 2013, and a recent hydrographic survey conducted in 2021. When HEI began work on a similar study in 2013, it was thought that the marsh had been filling up with sediment over time such that the marsh had become shallow enough to allow the growth of cattails (2.5 feet deep of water, for most cattail species). However, hydrographic surveys of the marsh conducted in September 2013 and March 2021 show that cattails were growing in up to 8 feet of water. This demonstrates that sedimentation is not the primary cause of cattail growth. In October 2001, Wetland Research Associates prepared an exhibit for the Town showing the water depths in the marsh. Comparison of the 2001 water depths with the water depths in the 2013 survey showed that between 0 and 1.8 feet of sedimentation occurred, or 1.8 inches per year. The Town had provided as-built plans of the marsh to HEI for review in 2013. These as- builts show that the marsh had been dredged in 1985, where four silt basins were constructed (two in the northwest corner of marsh, and two on the west side of Mar West Street). These basins provided an accessible location for sedimentation to be collected and removed periodically. It appears that the Town has not been maintaining these silt basins to the grades shown on the original plans as silt basins No. 2 and No. 3 are currently filled with sediment. Patrick Kerslake, Maintenance Superintendent, provided data indicating that the Town has been annually removing approximately 20 cubic yards of vegetative debris from the two outfall structures (combined) and approximately 50 to 100 cubic yards of material from the sediment trap areas. 2 | P a g e Silt basins 2 and 3, east of Mar West Road. Using the most recent hydrographic survey in the marsh (from March 2021), HEI was able to calculate a sedimentation rate, and cattail growth rate (the silt basins locations were not surveyed). The summary of findings for sedimentation rate, cattail growth rate, and the visual condition of four silt basins is listed below. Summary of Findings Sedimentation Rate: HEI compared the 2013 hydrographic survey to the 2021 survey using volumetric surfaces in AutoCAD Civil 3D, and determined that an average of 0.28 inches of sediment buildup occurred per year. Although the range of sedimentation buildup varied from 0 to 3 feet, the areas of large sedimentation deposit (greater than 2 feet) were limited to very small areas near the edge of water along the shore of the cattail “island” in the northwest portion of the marsh, and near the willow tree along the eastern shore. This suggests that sediment is passing through the filled silt basins and settling out at the entry point to the marsh. Digital terrain model surface comparisons identified several areas in the marsh that were involved in the 2015 cattail removal project; the surface elevations were lower than what was surveyed in 2013. This suggests that the removal of cattail roots also 3 | P a g e removed a significant amount of sedimentation, which still has not yet re-accumulated to 2013 levels. The significant decrease in sedimentation rate from 1.8”/year to 0.28”/year (2013 vs. 2021) can be rationalized by several factors: 1. Construction within the Town has decreased significantly over the past decades due to near build-out conditions being achieved. This results in less exposed soil in the watershed and less sedimentation. 2. State mandated “Clean Stormwater Practices” have been implemented over the last three decades. The requirements have increase significantly over this period, requiring sediment and erosion control on construction sites, and the installation of permanent stormwater treatment measures on new development. The Municipal Regional Permit for stormwater discharges has also required Towns and Cities to implement trash capture devices and street sweeping practices into their street maintenance programs. Cumulatively, these requirements have undoubtedly reduced sedimentation and debris removal in the Marsh. 3. California has been in a drought period over the past decade resulting in lower sediment rates. Although the sedimentation rate may not return to the historic rate of 1.8”/year, we do believe that the rate will increase above the 0.28”/year rate when weather patterns change to an increased precipitation pattern. Any maintenance plan will need to be monitored and adjusted based on changes to the long-term weather pattern. Cattail Growth Rate: HEI determined a linear cattail growth rate of 8,398 square feet per year from September 2016 to 2021, by overlaying the areas of cattail removal in September 2016 with the most recent survey in March 2021. This represents approximately 84,000 square feet of open water surface area (58% of the Marsh). The cattails occupy 61,000 square feet of area around the Marsh perimeter (42% of the Marsh, based on the wetted perimeter or waterline). The annually compounded growth rate of cattails was calculated to be 22% per year. Silt Basins: HEI performed a site visit on 3/31/2021, and verified that the silt basins in the northwest corner of the marsh were filled in and no longer effective. Sedimentation has likely accumulated since the last dredging effort performed decades ago. The two remaining silt basins on the west side of Mar West Street, do not appear to have accumulated sediment and do not currently require maintenance. It is our understanding that the Town’s Maintenance Staff has been performing ongoing debris removal operations in these areas. 4 | P a g e III. Recommendations Sediment Control: To reduce the sedimentation buildup in the Marsh, HEI recommends reestablishing the original Silt Basin No. 3, which will provide approximately 200 cubic yards of storage; this volume would be adequate for close to 3 years of sediment storage based on current sedimentation rates. Sediment accumulation should be monitored annually and removed on an appropriate cycle. At this time, we do not recommend any type of maintenance dredging in the main water body of the marsh. The hydrographic survey data shows that removal of cattail roots solves several potential issues: excessive cattail growth, the removal of biomass decomposition, and sedimentation buildup. Cattail Management: The current Cattail Cover within the wetted perimeter of the marsh was calculated to be 42%. The cattail growth was calculated at a compounded annual rate of 22%, since the last cattail removal project in September 2016. Based on discussions with the Town and the review of various documents related to managed ponds, it has been decided that a desirable ratio of cattails to open water should be allowed to range between 10% and 20%. If the Cattail Cover was reduced to 10%, then it would take 3 years for the Cattail Cover to reach 20% based on the compounded annual growth rate of 22%. This suggests a cattail removal maintenance interval of every 3 years would be suitable. Cattail growth can be controlled by mechanical methods and/or chemical herbicides. The Cattail Removal Project conducted by the Town in 2015 utilized both of these methods to effectively control the cattail growth. The use of only mechanical removal methods can leave viable root stock from which growth can reemerge. The use of chemical herbicide still requires mechanical removal to remove biomass from the marsh and prevent organic decomposition and odor issues. A Weed Report from the book “Weed Control in Natural Areas in the Western United States”2013, suggests three appropriate herbicides for Cattails: Glyphosate, Imazamox, and Imazapyr. The 2015 Cattail Removal Project used Imazamox, which we continue to recommend at a rate of 2 to 4 pints per acre. The other herbicides were discounted because: Glyphosate has been determined to be carcinogenic; and Imazapyr tends to “leave more bare ground than other treatments.” If the Town is hesitant about using any herbicide, we suggest that the first-year project conduct only mechanical removal and then evaluate the regrowth during the following two-year period. If the growth rate is too rapid, then the following projects in ‘Year 4’ onward can utilize herbicide in addition to the mechanical removal. The Waterboards 5 | P a g e permit for herbicide is an additional permit, which is a normal practice for aquatic vegetation control and is not expected to be difficult to obtain. 10-year Maintenance Program: Since the California Department of Fish and Wildlife currently allows for 10-year permit programs related to Lake and Streambed maintenance, we felt that this would be the appropriate interval for laying out a schedule of activities for the Town’s program related to the Railroad Marsh. Year Work Tasks Remove Cattails (SQYD) Silt Basin Excavation (CY) Remove Vegetative Debris at Outlet Structure (by Town Crews) (CY) Remove Debris from Silt Basin and Marsh (by Town Crews) (CY) 2022 5,100 215 20 75 2023 - - 20 75 2024 - - 20 75 2025 1,750 200 20 75 2026 - - 20 75 2027 - - 20 75 2028 1,750 200 20 75 2029 - - 20 75 2030 - - 20 75 2031 1,750 200 20 75 EXHIBIT 2 DOCUMENT 00 5200 AGREEMENT THIS AGREEMENT, dated this 17th day of May 2023, by and between Solitude Lake Management whose place of business is located at 345 Industrial Way, Benicia, CA 94510 (Contractor), and TOWN OF TIBURON, a political subdivision of the state of California (Owner), acting under and by virtue of the authority vested in Owner by the laws of the State of California. WHEREAS, Owner, through its BOARD on 17th day of May 2023 awarded to Contractor the following Contract: RAILROAD MARSH AQUATIC VEGETATION MANAGEMENT PROJECT No. 23-PK-05 NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows: ARTICLE 1 – SCOPE OF WORK OF THE CONTRACT 1.01 Work of the Contract A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work). 1.02 Price for Completion of the Work A. Owner shall pay Contractor the following Contract Sum $220,731 for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto. B. The Contract Sum includes all allowances (if any). [ATTACHMENT] The Contract Sum is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and" vendors or otherwise arising out of Contractor's performance of the Work, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited' to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities. ARTICLE 2 – COMMENCEMENT AND Completion of Work 2.01 Commencement of Work A. Contractor shall commence Work on the date established in the Notice to Proceed (Commencement Date). B. Owner reserves the right to modify or alter the Commencement Date. 2.02 Completion of Work A. Contractor shall achieve Final Completion of the entire Work During the Months of September and October 2023. ARTICLE 3 – PROJECT REPRESENTATIVES 3.01 Owner’s Project Manager A. Owner has designated the Town Engineer as its Project Manager to act as Owner’s Representative in all matters relating to the Contract Documents. If Project Manager is an employee of Owner, Project Manager is the beneficiary of all Contractor obligations to Owner including, without limitation, all releases and indemnities. B. Project Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner. C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative. 3.02 Contractor’s Project Manager and Other Key Personnel A. Contractor has designated [ ______________] as its Project Manager to act as Contractor’s Representative in all matters relating to the Contract Documents. B. Contractor has designated the following other Key Personnel for the Project: Name Position ARTICLE 4 – LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK 4.01 Liquidated Damage Amounts A. As liquidated damages for delay Contractor shall pay Owner two thousand dollars ($2,000.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved. 4.02 Scope of Liquidated Damages A. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions). ARTICLE 5 – CONTRACT DOCUMENTS 5.01 Contract Documents consist of the following documents, including all changes, Addenda, and Modifications thereto: Document 00 5100 Notice of Award Document 00 5200 Agreement Document 00 5500 Notice to Proceed Document 00 6113.13 Construction Performance Bond Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form Document 00 6530 Release of Claims Document 00 6536 Guaranty Document 00 7200 General Conditions Document 00 7301 Supplemental General Conditions Document 00 7316 Supplementary Conditions – Insurance and Indemnification Document 00 7380 Apprenticeship Program Document 00 9113 Addenda 5.02 There are no Contract Documents other than those that are listed above. The Contract Documents may only be amended, modified or supplemented as provided in Document 00 7200 (General Conditions). ARTICLE 6 – Miscellaneous 6.01 Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein. 6.02 Contractor and Owner understand and agree that in no instance are the persons signing this Agreement for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise. Contractor and Owner further understand and agree that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 6.03 Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified. 6.04 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgment by the parties. 6.05 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the Owner’s Facilities Development and Management Division, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed included in the Contract Documents, and shall be made available to any interested party on request. Pursuant to Labor Code Sections 1860 and 1861, in accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to their employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 6.06 This Agreement and the Contract Documents shall be deemed to have been entered into in the Town of Tiburon, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of Marin, California. IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written. CONTRACTOR: Solitude Lake Management By: By: _ (Signature) (Signature) Its: _ _ Its: _ Title (If Corporation: Chairman, President Title (If Corporation: Secretary, Assistant or Vice President) Secretary, Chief Financial Officer or Assistant Treasurer) OWNER: TOWN OF TIBURON By: (Signature) (Print Name) (Title) Attest: Secretary (Print Name) APPROVED AS TO FORM AND LEGALITY THIS __ DAY OF , [20 ] By: Attorney for Owner (Print Name) TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Adopt A Resolution Approving the Annual Engineer’s Report, and Declaring Intent to Levy and Collect Assessments within the Landscape and Lighting District in the Cypress Hollow Subdivision and Setting a Time and Place for Public Hearing Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council is considering adoption of a Resolution approving the Annual Engineer’s Report, and declaring intent to levy and collect assessments within the Landscape and Lighting District in the Cypress Hollow Subdivision and setting a time and place for the required Public Hearing RECOMMENDED ACTION(S) 1. Adopt a Resolution Approving the Annual Engineer’s Report and Declaring Intent to Levy and Collect Assessments within the Landscape and Lighting District and Setting a Time and Place for Public Hearing BACKGROUND On July 3, 1990 the County of Marin established a Landscaping and Lighting District in Cypress Hollow. The County of Marin received assessments from the parcels therein for the purpose of operating and maintaining the following areas with the Cypress Hollow Subdivision: (1) landscaping and irrigation of the 25-foot sewer sanitary easement on the east boundary, (2) entry landscaping and irrigation of the 30-foot storm drainage easement in the southwest boundary area, and (3) ownership and maintenance of the park site. In 1998, the residents of Cypress Hollow petitioned and received approval from the Local Agency Formation Commission for annexation from unincorporated Marin County into the Tiburon Town Limits. Subsequent to that annexation, the Tiburon Town Council and the Marin County Board of Supervisors passed a joint resolution transferring jurisdiction of the Cypress Hollow Landscape and Lighting District to the Town of Tiburon. The resolution also transferred the financial resources and documentation associated with operation, maintenance, and funding to the Town. Based on this resolution, the Town of Tiburon has maintenance responsibility for: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 17, 2023 Agenda Item: CC-6 Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 2 OF 4 1. The 25-foot sanitary sewer easement landscape and irrigation on the east boundary; 2. Entry landscaping and the 30-foot storm drainage easement on the southwesterly boundary and irrigation system; and 3. Ownership and maintenance of the park site. Since 1998, the Town of Tiburon has continued the operation and maintenance activities of the Cypress Hollow Landscaping and Lighting District and assessed the residents the cost thereof. ANALYSIS In order to proceed with the renewal of the assessments, the Town prepared an Engineer’s Report for the upcoming fiscal year for which assessments are to be levied and collected to pay for the costs of the improvements described in the report. The Engineer’s Report for Fiscal Year 2023/2024 has been prepared and is included as Exhibit 1. The Fiscal Year 2023/2024 assessments for the District will remain the same as the Fiscal Year 2022/2023 assessments which is $378 per parcel per year. The amount of the assessment has not changed since Cypress Hollow was incorporated, and the Town took over maintenance from the County in 1998. The following table summarizes the estimate of costs from the Engineer’s Report for Fiscal Year 2023/2024. Item Annual Cost Annual Maintenance Services (Cost Recovery) $7,000 Materials & Supplies $5,000 Water $3,000 Tree Maintenance $15,000 Total Cost $30,000 Fund Analysis Estimated Beginning Fund Balance (7/1/2023) $32,255 Estimated Annual Assessment Revenues $16,632 Estimated Expenditures ($30,000) Estimated Town Contribution (General Fund) - Estimated Ending Fund Balance (6/30/2024) $18,887 The LLA requires the Town Council to order the Engineer’s Report, approve the annual Engineer’s Report, adopt a resolution declaring its intent to levy and collect the assessments and setting the time and place for a public hearing, notice and hold a public hearing, and finally adopt Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 3 OF 4 a resolution confirming the diagram and assessment for the landscape and lighting district. Staff is requesting that the Council take action at this meeting to adopt a resolution approving the Engineer’s Report for Fiscal Year 2023/2024 and set the time and place for the public hearing as 6:30 pm on Wednesday June 7, 2023, at the location of the regular meeting of the Town Council. Following adoption of this resolution, Staff will notice the public hearing. On June 7, 2023, the Council will hold the public hearing and consider confirming the diagram and assessment for the landscape and lighting district. If the Council confirms the assessment, then Staff will finalize the engineer’s report and complete the necessary paperwork and submit it to the County assessor’s office. FINANCIAL IMPACT The Cypress Hollow Landscape and Lighting District assessment is necessary to offset some of the costs of maintaining and improving the facilities in the district. Without this source of funding, these costs would be paid for solely from the General Fund. The table below shows prior year expenditures and assessment revenues. Description 2019/20 Actual 2020/21 Actual 2021/22 Actual 2022/23 Estimated 2023/24 Budget Contractual Services / Staff $173 $16,395 $7,000 $7,000 $7,000 Landscape Grounds & Materials $17,144 $6,566 $1,270 $1,200 5,000 Tree Maintenance -- -- $9,980 $10,000 $15,000 Water $2,808 $2,897 $3,355 $2,360 $3,000 Expenditure Total $20,124 $25,858 $ 21,605 $20,560 $30,000 Assessment Revenue $16,632 $16,632 $16,632 $16,632 $16,632 Excess / (Shortfall) ($3,492) ($9,226) ($4,973) ($3,928) ($13,368) As listed in the table above, any excess funds are held in the Cypress Hollow Restricted Fund to be used for special or significant rehabilitation or maintenance work, and shortfall amounts are either funded from the Cypress Hollow Restricted Fund balance or funded from the General Fund. In addition to routine annual maintenance activities, park infrastructure needs renewal about every 20 years. For example, in 2009, the Town spent $40,000 rehabilitating the park area. CLIMATE IMPACT Staff has determined this action will have no direct climate impact on 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). Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 4 OF 4 RECOMMENDATION Staff recommends that the Town Council: 1. Adopt a Resolution Approving the Annual Engineer’s Report and Declaring Intent to Levy and Collect Assessments within the Landscape and Lighting District and Setting a Time and Place for Public Hearing. Exhibit(s): 1. Engineer’s Report for Fiscal Year 2023/2024 2. Resolution Approving the Annual Engineer’s Report and Declaring Intent to Levy and Collect Assessments within the Landscape and Lighting District and Setting a Time and Place for Public Hearing Prepared By: David O. Eshoo, Engineering Manager EXHIBIT 1 Annual Engineer’s Report Fiscal Year 2023/2024 Draft April 27, 2023 Landscaping and Lighting District, Cypress Hollow Town of Tiburon Marin County, California Landscaping and Lighting Assessment District – Cypress Hollow Annual Engineer’s Report Fiscal Year 2023/2024 Intent Meeting: May 17, 2023 Public Hearing: June 7, 2023 Draft April 27, 2023 Annual Engineer’s Report Fiscal Year 2023/2024 Draft April 27, 2023 Landscaping and Lighting District, Cypress Hollow Landscaping and Lighting Assessment District – Cypress Hollow Annual Engineer’s Report Fiscal Year 2023/2024 The undersigned hereby submits the enclosed report as directed by the Town Council of the Town of Tiburon. John Moe, PE, PLS Town Engineer Town of Tiburon, Marin County, California Date I hereby certify that the enclosed Engineer’s Report, together with the Assessment and Assessment Diagram thereto attached, was filed with me on the ________ day of June 2023. Lea Stefani, Town Clerk Town of Tiburon, Marin County, California I hereby certify that the enclosed Engineer’s Report, together with the Assessment and Assessment Diagram thereto attached, was approved and confirmed by the Town Council of the Town of Tiburon, Marin County, California on the ________ day of June 2023. Lea Stefani, Town Clerk Town of Tiburon, Marin County, California Annual Engineer’s Report Fiscal Year 2023/2024 Draft April 27, 2023 Landscaping and Lighting District, Cypress Hollow 1. INTRODUCTION The Town of Tiburon (Town) annually levies and collects a special assessment in the Cypress Hollow area in order to provide and maintain improvements within the area. The Landscaping and Lighting District in Cypress Hollow (District) was formed in 1990 by the County of Marin to provide and continue the operation and maintenance of public improvements installed as part of the development that benefit the properties with the District. In 1998, the Cypress Hollow subdivision was annexed into the Town, and the Cypress Hollow Landscape and Lighting District was transferred to the Town of Tiburon. The District was formed and assessments have been levied annually pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (1972 Act). This Engineer’s Report has been prepared pursuant to Chapter 1, Article 4 of the 1972 Act (Streets and Highways Code Section 22565 et seq). This Report includes a description of the improvements to be maintained and services, and an estimate of the costs to maintain and service the improvements, a diagram for the District, and the proposed annual assessments for Fiscal Year 2022/2023. The Report apportions the costs to each lot or parcel in proportion to the estimated special benefits to be received from the maintenance of the improvements. 2. DESCRIPTION OF IMPROVEMENTS The Town levies and collects assessments from the parcels in the District to maintain and service the landscaping improvements and associated appurtenances located within the public right of way, public lots, and dedicated easements. The improvements maintained and serviced within the District are the following areas within the Cypress Hollow development: 1) Landscape maintenance within the 25-foot sanitary sewer easement on the east boundary. 2) Entry landscaping and irrigation at the intersection of Cypress Hollow Drive and Bay Vista Drive. 3) Landscape maintenance within the 30-foot storm drainage easement in the southwest boundary area. 4) Maintenance and service of the park site located at the intersection of Cypress Hollow Drive and Rancho Drive. The improvements installed, maintained and serviced generally include but are not limited to: landscaping, planting, shrubbery, trees, grass other ornamental vegetation, irrigation systems, hardscapes and fixtures, ornamental structures and facilities, curbs, gutters, walls, sidewalks or paving, drainage, electrical facilities, playground equipment, shade structures, play courts, public restrooms, and paseos/trails. District funds are used for the maintenance and servicing including, but not limited to, labor, electrical energy, water, materials, contracting services, administration, reserve, and other expenses necessary for the satisfactory maintenance and servicing of these improvements. Maintenance and servicing also includes cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris, other solid waste; and pest control; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; and the replacement of facilities. Annual Engineer’s Report Fiscal Year 2023/2024 Draft April 27, 2023 Landscaping and Lighting District, Cypress Hollow 3. ESTIMATE OF COSTS The estimated costs for the operation, installation, maintenance, and servicing of the facilities for Fiscal Year 2023/2024 are shown below. The cost estimate includes anticipated water and electricity use, materials, contract services, labor costs, and annual carryover costs. Item Annual Cost Annual Maintenance Services (Cost Recovery) $7,000 Materials & Supplies $5,000 Water $3,000 Tree Maintenance 15,000 Total Cost $30,000 Fund Analysis Estimated Beginning Fund Balance (7/1/2023) $32,255 Estimated Annual Assessment Revenues $16,632 Estimated Expenditures ($30,000) Estimated Town Contribution (General Fund) - Estimated Ending Fund Balance (6/30/2024) $18,887 4. METHOD OF APPORTIONMENT The 1972 Act requires that the net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits received by each lot or parcel. The Method of Apportionment is based upon the relative special benefit derived from the improvements and conferred upon the real property within the District over and above the general benefit conferred upon the real property within the District or to the public at large. Landscaping, planting, shrubbery, trees, grass and other ornamental vegetation, irrigation systems, hardscapes and fixtures, ornamental structures and facilities, curbs, gutters, walls, sidewalks or paving, drainage, electrical facilities, playground equipment, shade structures, play courts, paseos/trails, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within the District by providing beautification, shade and positive enhancement of the community character, attractiveness and desirability of the surroundings, and easily accessible outdoor recreation opportunities. Additionally, these amenities contribute to a specific increase in property desirability to parcels within the District. To apportion the estimated costs of the District during any fiscal year, each of the parcels within the District is deemed to receive equal special benefit from the improvements. The assessment per parcel Annual Engineer’s Report Fiscal Year 2023/2024 Draft April 27, 2023 Landscaping and Lighting District, Cypress Hollow is calculated by dividing the total assessment amount by the total number of parcels within the District to determine the annual assessment amount per parcel. 5. PROPOSED ASSESSMENT FOR FISCAL YEAR 2022/2023 The Fiscal Year 2023/2024 assessments for the District will remain the same as the Fiscal Year 2022/2023 assessments which is $378 per parcel per year. The amount of the assessment has not changed since Cypress Hollow annexed into Tiburon and the Town took over maintenance from the County in 1998. The assessment calculation is shown in the table below. Total Annual Assessment $16,632 Number of Assessed Parcels 44 Annual Assessment per Parcel $378 6. ASSESSMENT DIAGRAM An assessment diagram for the District is included on the following page. The parcels within the District consist of all lots, parcels and subdivisions of land within these boundaries as described in this Report and shown on the Marin County Assessor's parcel maps. The lines and dimensions shown on the Marin County Assessor's parcel maps for the current year are incorporated herein by reference and made part of this Report. The following diagram shows the boundaries of the District for Fiscal Year 2023/2024. This diagram along with the Assessment Roll incorporated in this Report constitutes the District Assessment Diagram for Fiscal Year 2023/2024. Annual Engineer’s Report Fiscal Year 2023/2024 Draft April 27, 2023 Landscaping and Lighting District, Cypress Hollow Annual Engineer’s Report Fiscal Year 2023/2024 Draft April 27, 2023 Landscaping and Lighting District, Cypress Hollow 7. FISCAL YEAR 2023/2024 ASSESSMENT ROLL The Fiscal Year 2023/2024 assessment roll for the District is shown in the following table and will be forwarded to the County upon completion of the public hearing process. APN ADDRESS AMOUNT APN ADDRESS AMOUNT 034-012-57 110 Monterey Drive $378.00 034-394-01 10 Monterey Drive $378.00 034-392-02 10 Cypress Hollow $378.00 034-394-02 20 Monterey Drive $378.00 034-392-03 20 Cypress Hollow $378.00 034-394-03 30 Monterey Drive $378.00 034-392-04 30 Cypress Hollow $378.00 034-394.04 40 Monterey Drive $378.00 034-392-05 40 Cypress Hollow $378.00 034-394-05 50 Monterey Drive $378.00 034-392-06 50 Cypress Hollow $378.00 034-394-06 60 Monterey Drive $378.00 034-392-07 60 Cypress Hollow $378.00 034-394-07 70 Monterey Drive $378.00 034-392-08 70 Cypress Hollow $378.00 034-394-08 80 Monterey Drive $378.00 034-392-09 80 Cypress Hollow $378.00 034-394-09 90 Monterey Drive $378.00 034-392-10 145 Rancho Drive $378.00 034-394-10 100 Monterey Drive $378.00 034-393-01 110 Rancho Drive $378.00 034-394-11 60 Baccharis Place $378.00 034-393-02 120 Rancho Drive $378.00 034-394-12 50 Baccharis Place $378.00 034-393-03 130 Rancho Drive $378.00 034-394-13 40 Baccharis Place $378.00 034-393-04 140 Rancho Drive $378.00 034-394-14 30 Baccharis Place $378.00 034-393-05 150 Rancho Drive $378.00 034-394-15 20 Baccharis Place $378.00 034-393-06 160 Rancho Drive $378.00 034-394-16 10 Baccharis Place $378.00 034-393-07 170 Rancho Drive $378.00 034-394-18 185 Rancho Drive $378.00 034-393-08 180 Rancho Drive $378.00 034-395-01 35 Monterey Drive $378.00 034-393-09 190 Rancho Drive $378.00 034-395-02 45 Monterey Drive $378.00 034-393-10 200 Rancho Drive $378.00 034-395-03 55 Monterey Drive $378.00 034-393-11 210 Rancho Drive $378.00 034-395-04 65 Monterey Drive $378.00 034-012-53 220 Rancho Drive $378.00 034-395-05 75 Monterey Drive $378.00 EXHIBIT 2 Tiburon Town Council Resolution No. 05/17/2023 1 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE ANNUAL ENGINEER’S REPORT AND DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE AND LIGHTING DISTRICT IN THE CYPRESS HOLLOW SUBDIVISION AND SETTING A TIME AND PLACE FOR PUBLIC HEARING WHEREAS, on July 3, 1990 the County of Marin established a Landscape and Lighting District in Cypress Hollow; and WHEREAS, the County of Marin received assessments from the parcels therein for the purpose of operating and maintaining the following areas: (1) landscaping and irrigation of the 25-foot sewer sanitary easement on the east boundary, (2) entry landscaping and irrigation of the 30-foot storm drainage easement in the southwest boundary area, and (3) ownership and maintenance of the park site, all as part of the Cypress Hollow Development; and WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area, and in April 1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and WHEREAS, the Town of Tiburon, after completing annexation of the parcels in the Cypress Hollow District, stated its intention and continued the operation and maintenance activities of the Cypress Hollow Landscape and Lighting District; and WHEREAS, The Town Engineer has prepared and filed with the Town Clerk and Town Council the annual Engineer’s Report for Fiscal Year 2023/2024, to which reference is hereby made for a full and detailed description of the existing improvements, the boundaries of the assessment district, and the proposed assessments. WHEREAS, the Town Council desires to move forward with proceedings to levy the Fiscal Year 2023/2024 assessments. NOW THEREFORE IT IS RESOLVED, as follows: Section 1. The Fiscal Year 2023/2024 assessments for the District will remain the same as the Fiscal Year 2022/2023 assessments. Section 2. The Town Council approves the annual Engineer’s Report and declares its intention to levy and collect an assessment for Fiscal Year 2023/2024. Section 3. Notice is hereby given that on the 7th day of June 2023, at the hour of 6:30 pm, or soon thereafter, in the regular meeting place of the Town Council is hereby fixed as the time and place for a public hearing when and where all interested persons shall be heard on the question of the levy and collection of the proposed assessments. Written protests may be filed with the Town Clerk at any time prior to the conclusion of the hearing. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by the protesting person or persons. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on May 17, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Tiburon Town Council Resolution No. 05/17/2023 2 _________________________________ JACK RYAN, 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: Diversity Inclusion Task Force Subject: Consider Adopting Resolution Recognizing the Month of May as Jewish American Heritage Month Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider adoption of a resolution recognizing the month of May as Jewish American Heritage Month. RECOMMENDED ACTION(S) 1. Adopt the resolution (Exhibit 1). BACKGROUND The month of May is Jewish American Heritage Month. On May 10, 2023, the Diversity Inclusion Task Force adopted the attached resolution (Exhibit 1) and recommended that the Town Council have the opportunity to adopt a resolution in honor of the celebratory month as well. 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 significant impact on the Town’s contribution to global climate change. 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). TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 17, 2023 Agenda Item: CC-7 Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 2 OF 2 RECOMMENDATION Staff recommends that the Town Council adopt the resolution (Exhibit 1). Exhibit(s): 1. Draft resolution Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 RESOLUTION NO. XX-2023 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CELEBRATING JEWISH AMERICAN HERITAGE MONTH IN MAY 2023 WHEREAS, Jewish Americans have been an important part of the American story and have greatly contributed to all areas of American life and culture since our nation’s earliest days; and WHEREAS, on April 20, 2006, the Federal Government proclaimed May as Jewish American Heritage Month, stating, “As a nation of immigrants, the United States is better and stronger because Jewish people from all over the world have chosen to become American citizens,” and, since then, proclamations in support of Jewish American Heritage Month have been made by Presidents of the United States annually; and WHEREAS, generations of Jews have fled to the United States in search of a better life for themselves and their families, and these immigrants made invaluable contributions in support of equality and civil rights through their leadership and achievements; and WHEREAS, Jewish Americans connect to their Jewish identity in a variety of ways, such as culturally, ethnically, religiously and by following Jewish ethics and values; and WHEREAS, Jewish Americans are racially, ethnically, socially, politically and economically diverse, and around 25 percent of Bay Area Jewish households include a person of color, increasing to nearly 40 percent of households if the head of the household is younger than 35; and WHEREAS, in 2022 Jewish Americans faced a dramatic rise in antisemitic incidents—36% higher than in 2021—including but not limited to physical attacks, vandalism, verbal and physical harassment, and hateful comments posted on social media, and WHEREAS, Tiburon shares an obligation to condemn and combat antisemitism wherever it exists, to include Jewish Americans in all facets of civic life, and to stand with the Jewish American community against hatred or bigotry in our city and country; and WHEREAS, there is a need for education and policies that are culturally competent when describing, discussing, or addressing the impacts of being Jewish in all aspects of American society, including discourse and policy; and WHEREAS, we celebrate the rich and diverse heritage of the Jewish American community, including those who live, work and play in Tiburon, and; WHEREAS, we recognize Jewish American commitment to civic engagement and how Tiburon has been enriched by local Jewish institutions and synagogues. THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby declares the month of May as Jewish American Heritage Month in appreciation of the achievements and contributions made by members of the Jewish community, and calls upon all residents to celebrate Jewish Americans who have woven the fabric of our country and community, and supports opportunities to learn more about Jewish American history and culture. THEREFORE, BE IT FURTHER RESOLVED that Tiburon will continue efforts to confront antisemitism and other forms of hate impacting the Jewish community, support local education about the diversity of our Jewish American community, and integrate Jewish American culture into future programs, activities, and ceremonies throughout the year. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, this 17th day of May, 2023, by the following vote: AYES: NAYS: ABSENT: JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, 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: Consider Requests from Tiburon Peninsula Chamber of Commerce Related to Closures of Main Street for Special Events Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will consider several requests from the Tiburon Peninsula Chamber of Commerce related to the closure of lower Main Street for events RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Authorize a lower Main Street closure for Friday Night on Main (One Night Only) on Friday, June 9th from 6 - 9 pm 2. Authorize a lower Main Street closure for Shop Local Sunday on Sunday, July 23rd from 10 am - 6 pm 3. Authorize a lower Main Street closure for the Tiburon Holiday Festival on Saturday, December 2nd from Noon - 4 pm. 4. Direct staff as to any action Council would like to take regarding the request to limit the number of street closures BACKGROUND The Tiburon Peninsula Chamber of Commerce has asked that Council consider several requests related to lower Main Street closures for special events, Attached as Exhibit 1, please find information provided by the Chamber. The specific requests are as follows 1. Authorize a lower Main Street closure for Friday Night on Main (One Night Only) on Friday, June 9th from 6 - 9 pm 2. Authorize a lower Main Street closure for Shop Local Sunday on Sunday, July 23rd from 10 am - 6 pm 3. Authorize a lower Main Street closure for the Tiburon Holiday Festival on Saturday, December 2nd from Noon - 4 pm. 4. Limit total number of Lower Main Street Event closures to six annually - reserving 3 for the Chamber to promote local businesses TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 17, 2023 Agenda Item: AI-1 Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 2 OF 2 In addition to the requested street closures, the information provided by the Chamber includes a recommendation that the Town consider installing elevated crosswalks as a traffic calming measure. Staff has not had the opportunity to assess the viability of that recommendation, and therefore, that recommendation is not addressed in this Staff Report. ANALYSIS Representatives of the Chamber will be present at the Council meeting to present information on the request(s) and to answer any questions. 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: 1. Authorize a lower Main Street closure for Friday Night on Main (One Night Only) on Friday, June 9th from 6 - 9 pm 2. Authorize a lower Main Street closure for Shop Local Sunday on Sunday, July 23rd from 10 am - 6 pm 3. Authorize a lower Main Street closure for the Tiburon Holiday Festival on Saturday, December 2nd from Noon - 4 pm. 4. Direct staff as to any action Council would like to take regarding the request to limit the number of street closures Exhibit(s): 1. Chamber request submittal Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Tiburon Peninsula Chamber of Commerce May 8, 2023 Page 1 of 1 Chamber Request: Event Closures in 2023 •FNOM “ONE NIGHT ONLY” on Friday, June 9th from 6 - 9 pm •SHOP LOCAL SUNDAY on Sunday, July 23rd from 10 am - 6 pm •Tiburon HOLIDAY FESTIVAL on Saturday, December 2nd from Noon - 4 pm. •Limit total number of Lower Main Street Event closures to six annually - reserving 3 for the chamber to promote local businesses Background Historically Lower Main Street was closed for only six chamber sponsored events including FNOM and the holiday festival. Those events were created to promote downtown businesses. Safety Pedestrian Safety continues to be a concern as we see an increase in visitors downtown. The chamber recommends installing elevated crosswalks to slow traffic on lower main LOWER MAIN STREET EVENT CLOSURES Street Closures Balancing the needs of the community and the local businesses requires careful consideration when evaluating downtown lower main street closures. In January 2023 the Chamber conducted a survey of downtown businesses on Main Street - including Ark Row - to understand how street closures for events impact their business operations. The results of the business survey reflects the reality that closing lower Main Street for events impacts downtown businesses in different ways. A business operating as a retail shop, restaurant, hotel or service provider may be affected by pedestrian/vehicular access, location and timing of music, or non-main street bars and food offerings. Therefore, the Tiburon Peninsula Chamber of Commerce Board is asking the Tiburon Town Council to manage the differing needs by limiting the number of lower Main Street event closures to 6 events annually. We ask for 3 of the 6 be reserved for chamber events in direct support of downtown businesses. Tiburon Town Council May 17, 2023 AI-1: Main Street Closures Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org From:Conor Flaherty To:Lea Dilena Subject:Main Street Closure Date:Monday, May 15, 2023 8:28:18 PM You don't often get email from conor.flaherty@preservepartners.com. Learn why this is important 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. Please include my email in the next Town Council meeting. This is regarding the Main Street Closure for Events. Dear Town Council Members, I'm writing to support a maximum of six Main Street closures for Events. Frankly, it is my perception that Town Council has passed the buck on truly owning the issue of closures on Main Street. This has resulted in confusion, continued safety concerns and a negative impact to some businesses. It has also resulted in the end of maybe the most beloved Tiburon tradition, Friday Nights on Main. It isn't clear that any particular event hurt or helped Sam's revenue, but the entire business community has worked tirelessly for years to build up the current momentum, and to have it undermined by Town Council not taking responsibility for the Main Street event situation is frustrating. I have made my case for solutions in the past and been shut down by Town Council (except for the support of Jack Ryan). And that is fine. Town Council needs to step up, stop abdicating responsibility and find a durable solution. The current proposed solution that is endorsed by the Chamber seems reasonable and a step in the right direction. In addition, I want to urge each Town Council member to reconsider punting on the issue of safety for pedestrians on Main Street. This summer should be the busiest the Town has ever seen, and there is an opportunity for leadership from the Town to create a positive solution that ensures safety for everyone. Lastly, there needs to be a paradigm shift so that the Town is working with, and not against, local businesses. The relationship has felt adversarial, aside from a few instances, since I started with Sam's in 2018. We live and work in one of the most beautiful locations in the world. I'd love to be part of an approach where we were all committed to helping Tiburon achieve the oft mentioned "potential" we hear so much about. Thank you for your time. Conor Flaherty From:Tina Paikeday To:Lea Dilena Subject:Two requests Date:Monday, May 15, 2023 5:10:41 PM Hi Lea, Hope you had a great weekend. Would you please add me to the Tiburon Talk newsletter? Also, could you submit my message to the Town Council regarding the Main Street closures? Regarding the proposal to limit the number of Street Closures to six annually in total, I’d like suggest the development of closure guidelines for the town to provide residents and for an evaluation of requests on a case by case basis in order to ensure that all voices can be heard in a town committed to diversity and inclusion. Thanks so much, Tina From:Karen Carrera To:Lea Dilena Subject:Do not close up Main Street to community events Date:Tuesday, May 16, 2023 11:41:37 AM Attachments:image001.png Importance:High 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. My name is Karen Carrera and I am a local Tiburon business owner. I have had an office in downtown for 12 years, and I have lived in Tiburon for 22 years. Please do limit events on Main Street. There is a small vocal minority of business owners who say that events on Main Street affect their business and for that reason the DITF and other groups should not be allowed to hold their events there. This is not fair to DITF and traditionally marginalized groups who want to hold events that attract a large number of people. Plus events help the Main Street businesses because it brings more diverse folks to Main Street to shop at their stores. These events only happen 2-3 times per year. It is not a burden to the businesses and the goodwill these events create outweigh the burden to the businesses. Thank you, Karen Carrera *Please note our new name, email address, and phone number. Karen C. Carrera, Esq., AWI-CHBilingual Attorney/Investigator/Trainer Carrera Workplace Solutions1110 Mar West, Suite KTiburon, CA 94920 Cellular: 415-272-1244 karen@carreraworkplace.com www.carreraworkplace.com From:Lynn Feinerman To:Lea Dilena Subject:NO LIMIT ON EVENTS ON MAIN STREET - time sensitive, show to Council ASAP Date:Tuesday, May 16, 2023 11:00:57 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, It has come to my attention that there is an effort to place a limit on thenumber of events to be held on Main street, and I am emailing to communicate my firm opposition to that idea. Tiburon and its businesses benefit from the events held on Main street, and in particular the Diversity and Inclusion Task Force needs to have theresource that Main street provides - in order to do its proper work of bringing more diversity and inclusion to the community. Recently I attended the Nowruz celebration and noted that a large community of Iranian and Middle Eastern people enjoyed that event. The publicimage of Tiburon is greatly enhanced by as many of these cultural events as possible. Please vote against limiting the number of events on Main street. Lynn Feinerman Tiburon resident From:Carol Korenbrot To:Lea Dilena Subject:Annual Number of Events on Main Street Date:Tuesday, May 16, 2023 11:00:27 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- Could you please let the members of the Town Council that as a long term resident of Tiburon- I was alarmed to hear that the Annual Number of Events on Main Street might be limited at the Town Council meeting May 16. Main street events add vibrancy and community feeling to our small town and are enjoyed bynatives and tourists alike. It would be a shame to see the number of events arbitrarily reduced just as the Town commits to using such events for improving its efforts at Inclusiveness in theTown. Events of ethnic groups have added a whole new dimension to the Town. Thank you so much for your attention- Carol Korenbrot142 Stewart Dr Resident since 1995 From:Ruben Kalra To:Lea Dilena Subject:Regarding May 17th council agenda item- Closing Main Street Date:Tuesday, May 16, 2023 10:41:50 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. Dear Council, I am writing you regarding the proposal for limiting Main Street closures to six annually. Historically, a community survey noted that over 90% of residents support the closure of Main Street and a majority of local businesses. The Tiburon DITF was created in response to help build a more diverse, inclusive, and welcoming community, which in itself will likely lead to more support of our local businesses. Limiting the number of events hinders opportunities to ensure that more voices can be heard- especially those that may feel disenfranchised. It would be helpful to continue the evaluation of requests on a case-by-case basis. I am happy towork with the Chamber and local businesses to brainstorm ideas to help those businesses during the DITF events such as Nowruz, Diwali, and Juneteenth. The last thing we would want is the perception that the city is looking to push the folksof the color of Main Street. Let's continue to educate and celebrate. Dr. Ruben Kalra M.DTiburon DITF From:Tricia Drummond To:Town; Lea Dilena Subject:Street Closures on Main Street Date:Tuesday, May 16, 2023 11:00:50 PM Attachments:image.png Some people who received this message don't often get email from tricia@artonomifineart.com. Learn why this isimportant 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. Dear Town Council Members, I am writing to support the Chamber’s proposal to limit Main Street closures to six annual events to spare many retailers from having an endless parade of events along Main Street that literally stifle the business that gets conducted for anyone other than a handful of merchants. The current proposed approach endorsed by all on the Chamber Board was based on extensive discussions with the business community from both lower and upper Main Street and we all came together to propose something which represents a reasonable compromise. The facts are that businesses in some parts of town suffer on those days as we have drawn the council's attention to on many occasions - people who come by foot do not go past the bollards towards Ark Row asit looks like it is blocked off, locals coming down town drive past and do not loop back by Beach Road when street closures are there, so merchants on Ark Row relying on local foot traffic and visitors suffer. It is simply untrue to suggest that all events that involve street closures (essentially 'free street parties') are equally good for business - this has been disputed many times at previous Town Council meetings over the last 3 years. We urge Town Council to review and approve a maximum of 6 event closures on Main Street per annum spread out to ensure that closures do not adversely impact our business community in the peak months. We need a fair and balanced approach that takes into consideration the needs of all the community stakeholders - especially the businesses. We anticipate record volumes of visitors this summer. We ask the Town Council to support our business community. We have participated in business surveys, expressed our view point to council members and attended many meetings about this - We need to be heard and the chamber has proposed a reasonable compromise that we think supports the business and community needs. Kind regards Tricia (Co-Owner of Artonomi Fine Art (previously Trinity House Paintings)). 82 Main Street Tiburon CA 94920 T: 415 867 9576 Tricia@artonomifineart.com From:Petra Bergstein Higby To:Lea Dilena; Town Subject:Street Closures Downtown Date:Tuesday, May 16, 2023 8:59:13 PM You don't often get email from petra@thecaviarco.com. Learn why this is important 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. Dear Town Council Members, I am writing to you as a Tiburon resident, parent, and business owner. First, I would like to thank the Diversity Inclusion Task Force for their efforts in increasing educationthrough their community engagement and event programming. As a parent, I want my children to grow upunderstanding, respecting, and knowing about multiple cultures and the historic eventssurrounding them. As the business owner of The Caviar Co. at 46A Main Street, I am writing to support the Chamber'sproposal to limit Main Street closures to six annual events. As someone who has been in favor of streetclosures, I have learned that not all events involving street closures are equally good for business. I feel that it should be the Town Council's responsibility to review and approve event closures so that ourbusiness community is not negatively impacted. I do think that street closures can positively impact allparties involved. However, only the Town Council has the ability to take the needs of the entirecommunity into consideration so that this can be an equally beneficial experience for all parties. It is essential for Town Council to oversee and approve strict planning guidelines to enforce soundlimitations and crowd control. For a previous event, the band was placed right outside of our building andwas playing its music so loud, we had no other option but to close early on a Friday night- one of ourbusiest days of the week. This severely impacted our business causing thousands of dollars in lostrevenue and employee wages. I appreciate your time and consideration for this matter. Best wishes,Petra Higby -- From:Darla D. Fisher To:Lea Dilena Subject:Street Closure(s) Date:Tuesday, May 16, 2023 8:33:03 PM You don't often get email from info@mainstmercantile.com. Learn why this is important 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.  Dear Town Council Members, Darla Fisher here, owner of Main St Mercantile (16,18. 21 Main St). I’d like to implore the Town Council to consider matters of greater import such as the lack of public restrooms and embarrassing policies that allow landlords to leave commercial buildings on Main to be empty for over a decade. There are businesses on Main that are not open to the public - this hearing makes a mockery of items that should be on the agenda. Business owners pay a premium to be on Main St and to have the Town work directly against our best interest after what we went through to survive Covid is flat out disgusting. The merchant community on Main St turned ourselves inside out to keep our businesses running, keep our teams together and to keep Main St viable - the very least (and I do mean least) the Town Council can do is take the recommendation of the Chamber regarding the street closures. Do your job and let us do ours. Darla Fisher, Founder Main St Mercantile  Sent from my iPhone From:Karen Beale To:Lea Dilena; Town Subject:Street Closures on Main Street Date:Tuesday, May 16, 2023 7:01:12 PM Attachments:Outlook-c5l12whl.png Some people who received this message don't often get email from karen@artonomifineart.com. Learn why this isimportant 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. Dear Town Council Members, I am writing to support the Chamber’s proposal to limit Main Street closures to six annual events to spare many retailers from having an endless parade of events along Main Street that literally stifle the business that gets conducted for anyone other than a handful of merchants. The current proposed approach endorsed by all on the Chamber Board was based on extensive discussions with the business community from both lower and upper Main Street and we all came together to propose something which represents a reasonable compromise. The facts are that businesses in some parts of town suffer on those days as we have drawn the council's attention to on many occasions - people who come by foot do not go past the bollards towards Ark Row asit looks like it is blocked off, locals coming down town drive past and do not loop back by Beach Road when street closures are there, so merchants on Ark Row relying on local foot traffic and visitors suffer. It is simply untrue to suggest that all events that involve street closures (essentially 'free street parties') are equally good for business - this has been disputed many times at previous Town Council meetings over the last 3 years. We urge Town Council to review and approve a maximum of 6 event closures on Main Street per annum spread out to ensure that closures do not adversely impact our business community in the peak months. We need a fair and balanced approach that takes into consideration the needs of all the community stakeholders - especially the businesses. We anticipate record volumes of visitors this summer. We ask the Town Council to support our business community. We have participated in business surveys, expressed our view point to council members and attended many meetings about this - We need to be heard and the chamber has proposed a reasonable compromise that we think supports the business and community needs. Kind regards Karen (Co-Owner of Artonomi Fine Art (previously Trinity House Paintings)). 82 Main Street Tiburon CA 94920 T: 415 250 2597 karen@artonomifineart.com From:Miriam Zelinsky To:Town Subject:Street closure Date:Tuesday, May 16, 2023 6:08:46 PM [Some people who received this message don't often get email from mzelinsky1023@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] 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. Dear Town Council: On behalf of myself and Zelinsky Properties, we would like to voice our support for the Chamber’s initiative to limit lower Main Street closure to 6 times a year maximum for events. It would be great if some events utilized the beautiful new garden and general area by the new library - would be a nuce place to gather without disrupting local businesses. As you know, closing lower Main Street in the past has been detrimental to the businesses on Ark Row. The barriers literally create a physical barricade from people going around the corner and up the street. We all have to work together to support each other. We want everyone to succeed and we feel that the chamber’s initiative is a great compromise! Thank you, Miriam Zelinsky Properties Miriam Zelinsky Miriam Zelinsky From:Kelly Barrett To:Town Subject:Downtown Street Closures Date:Tuesday, May 16, 2023 6:00:31 PM Some people who received this message don't often get email from kellyb@squalovino.com. Learn why this isimportant 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, This email is in regard to the town council meeting on May 17th, 2023, on downtown Tiburon Street Closures. Squalo Vino agrees with the Chamber of Commerce's position to limit lower Main Street closures to six with three of the six reserved for chamber-centric events. It is very important to focus downtown street closures in Tiburon on events that will benefit the small businesses on lower Main. Thank you, Kelly Barrett General Manager Squalo Vino From:Justin Flake To:Town Subject:comments for meeting, tonight, regarding Main St. closures Date:Wednesday, May 17, 2023 10:25:43 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. Dear Council, I was made aware of the chamber’s request to hold a maximum of six Lower Main Street Closures, per year. Even though, as I’ve stated, many times, this is a significant imposition for our hotel, in regards to our guests being able to pull their cars up to our hotel, to check in, we would like to try to be as supportive as possible. If you are to allow six closures, per year, we ask, once again, that amplified music, live or otherwise, does not get staged and played in the loading zone. The loading zone is directly in front of our front door and two of our street facing rooms. It is incredibly loud, and our guests have reported it to us as a nuisance, many times, causing us to have to refund money and doing possible damage to repeat business and/or our online reputation. Not only is the music loud, it encourages people to congregate in front of the hotel, on our walkways, using our planters as seats and leaving garbage in them. We suggest that the music be played at either end of Main St., but not in the loading zone, if music feels necessary for a street closure. We also have concerns that requiring all of our guests to park in the Main St. lot, then walk to the hotel, could be a hardship, for those who lack mobility, especially seniors. Lastly, if six closures are permitted, will you please confirm that the three that have already been proposed are included in that 6, leaving only 3 more possible, that have not yet been planned, for 2023? Thank you, Justin Justin Flake General ManagerMarin Hotels Acqua * Waters Edge * Mill Valley Innwww.marinhotels.com (415) 388-9285 From:Lorraine Gemigniani To:Ruben Kalra Cc:Lea Dilena Subject:Re: Regarding May 17th council agenda item- Closing Main Street Date:Wednesday, May 17, 2023 12:53:18 PM 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. Hi Ruben, I hope it's not too late for my comments and I am attaching Lynn's letter because I agree with her 100%. Hello, It has come to my attention that there is an effort to place a limit on the numberof events to be held on Main street, and I am emailing to communicate my firmopposition to that idea. Tiburon and its businesses benefit from the events held on Main street, and inparticular the Diversity and Inclusion Task Force needs to have the resource thatMain street provides - in order to do its proper work of bringing more diversityand inclusion to the community. Recently I attended the Nowruz celebration and noted that a large communityof Iranian and Middle Eastern people enjoyed that event. The public imageof Tiburon is greatly enhanced by as many of these cultural events as possible. Please vote against limiting the number of events on Main street. Thank you!Best,Lorraine Gemigniani On Tue, May 16, 2023 at 10:47 AM Ruben Kalra <rubenkalramd@gmail.com> wrote: Greetings, It looks like someone is trying to limit the number of events on Main Street at tomorrow'scouncil meeting. If you are in support of not having a limitation as it would likely affect our ability to holdDITF events on Main Street, then I would encourage you to send a note to comments@townoftiburon.org no later than 12pm tomorrow before their meetingtomorrow. Feel free to see my email below thanks Ruben https://townoftiburon.granicus.com/GeneratedAgendaViewer.php? view_id=5&event_id=1008 Dear Council, I am writing you regarding the proposal for limiting Main Street closures to six annually. Historically, a community survey noted that over 90% of residents support the closure of Main Street and a majority of local businesses. The Tiburon DITF was created in response to help build a more diverse, inclusive, and welcoming community, which in itself will likely lead to more support of our local businesses. Limiting the number of events hinders opportunities to ensure that more voices can be heard- especially those that may feel disenfranchised. It would be helpful to continue the evaluation of requests on a case-by-case basis. I am happyto work with the Chamber and local businesses to brainstorm ideas to help those businesses during the DITF events such as Nowruz, Diwali, and Juneteenth. The last thing we would want is the perception that the city is looking to push thefolks of the color of Main Street. Let's continue to educate and celebrate. Dr. Ruben Kalra M.DTiburon DITF From:Jerry Horn To:Lea Dilena; Town Subject:Limiting Street Closures on Main Street... Date:Wednesday, May 17, 2023 1:07:07 PM Some people who received this message don't often get email from docchampagne@gmail.com. Learn why this isimportant 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. Dear Town Council Members, I am writing to express my support of the Chamber of Commerce’s proposal to limit Main Street closures to 6 scheduled annual events, sparing many retailers from having an endless parade of events along Main Street that literally stifle the business that gets conducted for anyone other than a handful of merchants. The current proposed approach endorsed by the Chamber Board was based on extensive discussions with the business community from both lower and upper Main Street. We all came together to propose something which we believe represents a reasonable compromise. The facts are that businesses in some parts of downtown suffer on those days--most notably the Ark Row portion of Main St. When our (critical-to-our-fiscal-survival) highly-desired local clientele venturing downtown find that Main St is closed at the intersection of Tiburon Blvd, Paradise Dr & Main St. they continue heading west where they are unencumbered by needless street closures & sadly, not bothering to loop back via the detour down Beach Road back to Main St. We implore Town Council to review and approve a maximum of 6 event closures on Main Street per annum spread out to ensure that closures do not adversely impact our business community in the peak months, or ever. We request a fair and balanced approach that takes into consideration the needs of all the community, & its stakeholders--including most notably, the merchants. Tiburon Chamber of Commerce has heard the merchants' grievances regarding street closures, & proposed a reasonable compromise that we think supports both the business and community needs. As I have conjectured countless times to whomever will listen, "Tiburon & Belvedere residents did not locate here to be anywhere near anything that resembles the 'Coney Island Midway' (Which is what a closed lower Main Street is more than slightly reminiscent of), & are repelled from coming downtown & dealing with meandering surplus pedestrians, limited parking opportunities, & detours resulting from blocked main arteries." Thank you so much for your consideration on this issue. We look forward to a resolution that benefits the community as a whole. Jerry Horn Dr.Champagne Tiburon Wine ProprietorAdult Beverage Specialistcell 415-497-7693. land 415 435-FIZZ(3499) www.tiburonwine.net May 17, 2023 Dear Town Council Members, We are writing to support the Chamber’s proposal to limit Main Street closures to six annual events; designating three (3) for the Chamber to use in direct support of downtown businesses and designating three (3) for the Town Council to decide upon. As the Landlord for multiple businesses on Main Street, we have seen and heard firsthand from our tenants that street closures are not necessarily beneficial for businesses. It is essential that Town Council assume the responsibility for reviewing and approving event closures on Main Street to ensure that closures do not adversely impact our business community. We need a fair and balanced approach that takes into consideration the needs of all the community stakeholders - including the businesses. The current proposed approach that is endorsed by the Chamber Board was based on extensive discussions with the business community and represents a reasonable step in the right direction. It is a misnomer to suggest that all events that involve street closures are equally good for business. We anticipate record volumes of visitors this summer. We ask the Town Council to work with our business community. Our tenants have participated in business surveys and expressed their viewpoints to council members but there has been no movement from the Town Council. We believe the Chamber is offering a reasonable solution that supports the local business and community needs. We appreciate your time and consideration on this matter. Sincerely, SG Ellison President A & C Ventures, Inc. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Directing Staff to Initiate Hybrid Meetings for Additional Legislative Bodies Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider providing direction on additional Town legislative bodies to implement hybrid meetings. RECOMMENDED ACTION(S) 1. Provide direction to staff on which, if any, additional legislative bodies should implement hybrid meetings. 2. If Council is not prepared to make a decision at this time, direct staff as to what information is necessary for Council to consider the request at a future meeting. BACKGROUND On March 1, 2023, the Town returned to in-person board meetings after operating meetings virtually during the COVID-19 pandemic. The return to in-person meetings was prompted by the end of the Governor of California’s declared State of Emergency on February 28, 2023. The State also further amended the Brown Act (AB 2449) to adjust teleconferencing rules for members of the legislative body teleconferencing-in to meetings. While the Town is required to operate in-person meetings in the Town Council Chambers by default, staff often receives feedback that having the option to attend public meetings virtually is helpful for members of the public. In 2022, staff worked with the Community Media Center of Marin to outfit the Town Council Chambers with cameras and the technology necessary to cablecast, stream, and host Zoom participants for meetings (‘hybrid’ meetings). Compared to regular streaming meetings, hybrid meetings are more complex and potentially more expensive to run. This is a result of the need to hire a camera operator at some meetings. Therefore, the Town Council directed staff to ‘start small’ with only Town Council offering hybrid meetings beginning March 1, 2023, with the Planning Commission, Design Review Board, and the Parks, Open Space and Trails Commission to follow on June 1, 2023. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 17, 2023 Agenda Item: AI-2 Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 2 OF 2 ANALYSIS It is the staff’s opinion that the hybrid meeting option has gone well at the Town Council level, and the staff is currently undergoing preparations to implement hybrid meetings for Planning Commission, Design Review Board and POST next month. The remaining legislative bodies of the Town are listed below, and staff requests the Town Council provide feedback as to which additional bodies should implement hybrid meetings. • Belvedere-Tiburon Disaster Advisory Council • Diversity Inclusion Task Force • Heritage & Arts Commission • Public Art Selection Panel • Tiburon Peninsula Traffic Relief JPA FINANCIAL IMPACT As noted above, hybrid meetings that require hiring a camera operator from Community Media Center of Marin cost more to run. It is difficult to predict the number of meetings that would incur this expense, or the length of those meetings. However, staff estimates the added annual expense could range between $15,000-$25,000. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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. Provide direction to staff on which, if any, additional legislative bodies should implement hybrid meetings. 2. If the Council is not prepared to make a decision at this time, direct staff as to what information is necessary for Council to consider the request at a future meeting. Prepared By: Lea Dilena, Town Clerk TOWN OF TIBURON PAGE 1 OF 6 4877-8595-4658 v1 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: 165 Avenida Miraflores; Request to Amend the Miraflores Precise Development Plan (PD #21) to create a new Secondary Building Envelope for Lot 6 on a RPD (Residential Planned Development) zoned property that would legalize the location of an as-built accessory building and allow potential development of accessory buildings and landscape improvement; Ehud and Sharon Shamir, Owners; Michael Heckmann, Applicant; Assessor’s Parcel No. 039-261-06; File No. PDPA2022-002 Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Town Council is considering an amendment to the Miraflores Precise Development Plan (#21) to create a new Secondary Building Envelope for Lot 6 on a RPD (Residential Planned Development) zoned property that would legalize the location of an as-built accessory building and allow potential development of accessory buildings and landscape improvement. RECOMMENDED ACTION(S) 1. Hold a public hearing on this item; 2. If the Town Council concludes that the proposed secondary building envelope would be consistent with the intent of the Miraflores Precise Plan, the Town Council should adopt the draft Resolution (Exhibit 1) reaffirming that the project is exempt from CEQA and conditionally approve the amendment of the Miraflores precise plan for Lot 6 of the Miraflores Subdivision; or 3. If the Town Council concludes that the proposed secondary is inconsistent with the intent of the Miraflores Precise Plan, the Town Council may direct Staff to prepare an appropriate resolution for review and adoption at the next meeting. PROJECT DATA Address: 165 Avenida Miraflores (Lot 6, Miraflores Subdivision) Assessor’s Parcel Number: 039-261-06 File Number: PDPA2022-002 Lot Size: 31,664 square feet Zoning: RPD (Residential Planned Development) TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 17, 2023 Agenda Item: PH-1 Town Council Meeting May 17, 2023 TOWN OF TIBURON Page 2 of 6 4877-8595-4658 v1 Precise Plan: Miraflores Precise Development Plan (PD #21) General Plan: M (Medium Low Density Residential) Current Use: Single-Family Residential Owners: Ehud and Sharon Shamir Applicant: Michael Heckmann Flood Zone: X (Outside 500-Year Storm Event) Complete Date: February 14, 2023 PSA Deadline: July 14, 2023 SUMMARY The project is a proposed amendment to the Miraflores Precise Development Plan for the property located at 165 Avenida Miraflores. The property owner proposes to create a secondary building envelope for this lot (Lot 6) that would legalize the location of an as-built accessory building and allow potential development of accessory buildings and landscape improvements. On March 8, 2023 and April 26, 2023, the Planning Commission reviewed the application and adopted Resolution No. 2023-001 (Exhibit 3) recommending to the Town Council that the Precise Development Plan amendment be approved with conditions. PROJECT DESCRIPTION The single-family residence on this site was originally constructed in 1977. In 2007, the Site Plan and Architectural Review application was approved (File #707173) to construct a landscape pergola below the existing rear yard terrace on the left (west) side of the primary residence. The pergola was approved as an open-air trellis structure. Over time, there have been various improvements made to the structure including a solid roof, enclosed walls, glass doors and windows. Currently, the former pergola is converted into an approximately 214 square foot and approximately 15’ tall accessory building. Such improvements were completed without the required building permits and design approval. Town staff discovered the discrepancy and contacted the owner about legalizing the accessory structure. In order to legalize the location of this as-built accessory building that is currently located outside of the existing building envelope for this lot, the applicants propose to amend the Miraflores Precise Development Plan to create a secondary building envelope on the site. The proposed secondary building envelope will allow potential development of accessory buildings and landscape improvement in the future. A separate Site Plan and Design Review application and approval would be required for the design of the as-built accessory building. At this time, the property owners have no future plans to construct other structures within the proposed secondary building envelope and have represented they merely wish to legalize the as-built accessory building which has undergone various modifications recently. The existing house at 165 Avenida Miraflores is situated close to the front property line. The proposed precise plan amendment would create a secondary building envelope on the west side of the property, which is currently occupied by the as-built accessory building and various landscape improvements with existing retaining walls, pathways, stairway and landings, terraced patios, and decks. The proposed secondary building envelope is approximately 3,712 square feet in area. The proposed secondary building envelope would have a maximum height of 15’ for any accessory structures. The perimeter of the subject property will remain as a landscape envelope that only permits vegetation and landscaping. Town Council Meeting May 17, 2023 TOWN OF TIBURON Page 3 of 6 4877-8595-4658 v1 BACKGROUND The Miraflores Precise Plan was originally approved in 1975. The Declaration of Covenants, Conditions and Restrictions dated September 2, 1976 (Exhibit 8) currently governs this precise development plan area and established building envelopes and landscape envelopes with setback and height restrictions for each lot. This Precise Plan did not create secondary building envelopes for any parcels. Over the years, multiple precise plan amendments were made at other Miraflores properties to create secondary building envelope allowing swimming pools, small structures, leveled patios for private recreational use on various parcels (i.e., File #38801 in 1988, File #31303 in 2010 and File #31004 in 2014 on 2 Miraflores Lane, File #PC89-004 in 1989 for 176 Avenida Miraflores, File #48307 in 1983 for 181 Avenida Miraflores). ANALYSIS Procedures To Amend Precise Development Plan Pursuant to Tiburon Municipal Code (TMC) section 16-52.060(H), amendments to an adopted precise development plan are processed in the same manner as an application for a precise development plan. That is, the application for the amendment to the precise development plan is reviewed by the Planning Commission, which after holding at least one public hearing, forwards its recommendation by resolution to the Town Council. The Town Council then holds at least one public hearing considering the Planning Commission’s recommendation and shall take final action on the application by resolution (TMC § 16-52.060(D)). In considering such an application, the review body considers principles outlined in TMC section 16-52.060(E). Compliance with the Miraflores Precise Plan The building envelopes established by the Miraflores Precise Plan were designed to allow adequate space for the development, while creating a more naturalized landscape area around each parcel. The proposed secondary building envelope would allow the property owners more area to enjoy their property with potential accessory buildings and landscape improvements that are typically found in the backyards of single-family residences. The perimeter of the subject property will remain as a landscape envelope. The overall size of the proposed secondary building envelope is generally consistent with other secondary building envelopes in the Miraflores subdivision. General Plan Consistency The proposed project has been reviewed for consistency with the Tiburon General Plan and with the requirements of the Tiburon Zoning Ordinance regarding precise plan amendments. Land Use Element Policy LU-13 states that “Neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible.” As noted previously, the proposed secondary building envelope would appear to be consistent with the intent of the Miraflores Precise Plan to retain the open visual appearance of the site. New improvements within the proposed secondary building envelope would be subject to the Town’s design review process. The proposed secondary envelope does not appear to create water view obstruction to neighboring properties and would be consistent with the open views which characterize the surrounding neighborhood. REVIEW BY THE PLANNING COMMISSION Town Council Meeting May 17, 2023 TOWN OF TIBURON Page 4 of 6 4877-8595-4658 v1 The Planning Commission held public hearings on this application on March 8, 2023, and April 26, 2023. During the public hearings, a neighbor residing at 163 Avenida Miraflores (west, left of project site) expressed objection and is concerned that the as-built accessory building, at its current location, within the proposed secondary building envelope would create privacy issue to the main residence at 163 Avenida Miraflores. The majority of the Commission, upon site visits, also found that the as-built accessory building may create potential privacy impact to the main residence at 163 Avenida Miraflores. However, upon deliberations at two hearings, the Commission acknowledged that the pergola was built with a permit at its current location since 2007. The pergola was then converted to an accessory building without required permits or approval when the applicant added roof, walls, windows, and doors to the pergola. The location of this structure remains the same and is at least 80’ in horizontal distance from the main residence at 163 Avenida Miraflores. The Commission considered all principles that are set forth in TMC § 16-52.060(E), particularly subsection 11 when it states ‘adequate consideration shall be given to the need for appropriate privacy between residential units and other uses. Design shall ensure minimum visual and aural intrusion into indoor and outdoor living areas from adjacent living areas’. The Commission found that the as-built accessory building has a distance would appear to be a sufficient distance to mitigate potential privacy concerns. The Commission reiterated that a separate Design Review process is required to specifically review the design of this accessory building, which would further help to mitigate potential privacy concerns. Upon deliberations, the Planning Commission recommends approval of the precise plan amendment to create a secondary building envelope at 165 Avenida Miraflores to the Town Council, subject to the following conditions: 1. The secondary building envelope for the property at 165 Avenida Miraflores shall be amended as reflected on the drawings labeled ‘Lot and Building Envelope Exhibit’, Sheet 2, prepared by Oberkamper & Associates Civil Engineers Inc. and ‘Site Plan w/ Revised Building Envelope’, Sheet A1.0, prepared by Heckmann Architects, received February 14, 2023. 2. The secondary building envelope is approved for: a. Landscape improvements including but not limited to swimming pool, spa, decks, patios, open grill, stairways, landing and improvements that are less than 3’ in height; b. Landscape features that are detached, not completely covered, and unenclosed structural features, including but not limited to arbor, trellis, pergolas, water features. Such features shall not exceed 12’ in height and shall be located at least 3’ from a fence; c. One accessory building with a maximum height of 15’ tall and a maximum size of 215 square feet; and d. Fencing and/or retaining walls with a maximum height of 6’. 3. This approval shall in no way alter other provisions of the Miraflores Precise Plan not specifically modified herein. Town Council Meeting May 17, 2023 TOWN OF TIBURON Page 5 of 6 4877-8595-4658 v1 The Commission voted 3-1-1 (Amir, Williams and Woodward voted yes, Defever absent, Tsai abstained) adopting Resolution No. 2023-001 recommending approval of the amendment to the Town Council. Draft meeting minutes of the April 26, 2023, meeting is attached as Exhibit 5. ENVIRONMENTAL DETERMINATION Staff has preliminarily determined the adoption of this item is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA guidelines. On April 26, 2023, the Planning Commission as part of it review of the project and recommendation to the Town Council, deemed the project to be exempt from the CEQA pursuant to Class 5. Class 5 Categorical Exemption (CEQA Guidelines § 15305 – Minor Alterations in Land Use Limitations) The project involves minor alterations in land use limitation relating to setback and height. Such alterations will not result in the creation of any new parcel. To the extent further analysis is required, staff recommend that the Town Council reaffirm that the application (Proposes Project) is exempt from CEQA pursuant to the same Class 5 categorical exemptions, and that no exception to the exemptions apply. Categorical Exemption Exceptions (CEQA Guidelines § 15300.2) Further, none of the exceptions listed in CEQA Guidelines Section 15300.2 apply. There is no evidence that the Project will result in any adverse environmental impacts and the Project does not involve any unusual circumstances or historical resources. Indeed, the proposed project would not significantly impact any environmental resource. In addition, there is no evidence that any significant cumulative impacts would occur. Specific supporting details regarding the project site include the following: (a) According to the California Department of Transportation, there are no scenic highways in Marin County. (b) According to the California Department of Toxic Substance Control, there are no hazardous waste sites in the Town of Tiburon. (c) The structure is not a historical resource because 1) the structure is not listed on the Town of Tiburon’s Local Historic Landmarks list; 2) the structure is not listed on the California Historic Resources list; 3) the structure is not listed on the National Register of Historic Places; and (4) there is no evidence that the structure meets any of the criteria for listing. It is a common practice for the Town of Tiburon to grant Precise Development Plan amendments in the Miraflores subdivision. There are numerous examples that have been granted for, including 2 Miraflores Lane, 176 Avenida Miraflores and 181 Avenida Miraflores. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing on this item and consider all testimony; and 2. If the Town Council concludes that the proposed secondary building envelope would be consistent with the intent of the Miraflores Precise Plan, the Town Council should adopt the draft Resolution (Exhibit 1) reaffirming that the project is exempt from Town Council Meeting May 17, 2023 TOWN OF TIBURON Page 6 of 6 4877-8595-4658 v1 CEQA and conditionally approve the amendment of the Miraflores precise plan for Lot 6 of the Miraflores Subdivision; or 3. If the Town Council concludes that the proposed secondary is inconsistent with the intent of the Miraflores Precise Plan, the Town Council may direct Staff to prepare an appropriate resolution for review and adoption at the next meeting. EXHIBITS 1. Draft Resolution 2. Application form and supplemental materials, received on October 13, 2022 and revised on January 11, 2023 3. Planning Commission Resolution No. 2023-001 4. Planning Commission Staff Report and Late Mail dated April 26, 2023 5. Draft Minutes of the April 26, 2023 Planning Commission Meeting 6. Planning Commission Staff Report and Late Mail dated March 8, 2023 7. Minutes of the March 8, 2023 Planning Commission Meeting 8. Declaration of Covenants, Conditions and Restrictions dated September 2, 1976 9. Submitted plans, prepared by Michael Heckmann, received on February 14, 2023 EXHIBIT 1 RECORDING REQUESTED RETURN TO: TOWN CLERK TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 TIBURON TOWN COUNCIL RESOLUTION NO. 2023-XX MAY 17, 2023 1 4859-3862-5890 v1 EXHIBIT 1 RESOLUTION NO. 2023-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE MIRAFLORES PRECISE PLAN (PD #21) TO CREATE A SECONDARY BUILDING ENVELOPE ON PROPERTY AT 165 AVENIDA MIRAFLORES (LOT 6) ASSESSOR PARCEL NO. 039-261-06 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Recitals. WHEREAS, on October 13, 2022, the Town received and considered a Precise Development Plan Amendment application (PDPA2022-002) filed by Ehud and Sharon Shamir for an amendment to the Miraflores Precise Plan (PD #21) to create a secondary building envelope at 165 Avenida Miraflores (Lot 6); and WHEREAS, the Precise Development Plan Amendment application consists of File (PDPA2022-002), on file with the Town of Tiburon Community Development Department. Materials from that application include but are not limited to the following: 1. Application form and supplemental materials, dated October 13, 2022, as revised on January 11, 2023; and 2. Project Plan (4 sheets), prepared by Heckmann Architects, received on February 14, 2023. WHEREAS, on March 8, 2023, the Planning Commission held a duly-noticed public hearing, and heard and considered testimony from interested persons. Upon receiving public testimony and deliberations, the Planning Commission continued the project to the next available meeting and directed staff to prepare a draft resolution of approval with conditions that would specify the development limitation of the proposed secondary building envelope. In addition, the Commission found that specific limitations for outbuilding are required within the proposed secondary building envelope on this parcel, as it would help to mitigate potential privacy impacts to nearby neighbors at 163 Avenida Miraflores; and WHEREAS, the regularly scheduled Planning Commission meeting on March 22, 2023 was cancelled due to lack of quorum; and Exhibit 1 TIBURON TOWN COUNCIL RESOLUTION NO. 2023-XX MAY 17, 2023 2 4859-3862-5890 v1 WHEREAS, on April 26, 2023, the Planning Commission held a duly-noted public hearing and considered a draft resolution for approval with conditions as prepared by staff; and WHEREAS, the Planning Commission found based upon application materials and analysis presented in the March 8, 2023, and April 26, 2023, Staff Report, as well as visits to the site and testimony received from the public, and consideration of the principles of 16-52.060(E) that the amendment to the precise development plan, as conditioned, are consistent with the intent of the Miraflores Precise Development Plan; and WHEREAS, the Planning Commission found the project to be consistent with the goals and policies of the Tiburon General Plan Land Use Element Policy LU-13, which states that “Neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible.” The Planning Commission found that the proposed secondary building envelope would appear to be consistent with the General Plan policy that will preserve view of adjacent sites and will retain the open visual appearance of the site; and WHEREAS, the Planning Commission found that the project is exempt from the requirements of the California Environmental Quality Act per Sections 15305 of the CEQA Guidelines; and WHEREAS, after receiving public testimony and considering the application at that hearing, the Planning Commission adopted Resolution No. 2023-001 recommending to the Town Council that the Precise Development Plan Amendment application for Lot 6 at 165 Avenida Miraflores to create a secondary building envelope be approved with conditions; and WHEREAS, on May 17, 2023, the Town Council held a public hearing on this application, hearing all testimony and reviewing all documents on the record. The Town Council concurs with the findings made by the Planning Commission and finds that the proposed precise development plan amendment to create a secondary building envelope for the property located at 165 Avenida Miraflores would be consistent with the overall intention of the Miraflores Precise Development Plan and the policies contained within the Land Use Element of the Tiburon General Plan; and WHEREAS, the Town Council reaffirms that the project is exempt from the requirements of the California Environmental Quality Act per Sections 15305 of the CEQA Guidelines. The Town Council further finds that none of the exceptions in Section 15300.2 apply, as there is no evidence that the project will result in any significant adverse environmental impacts, presents unusual circumstances, or involves an environmental resource of hazardous or critical concern, a hazardous waste site, damage to a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Section 2. Findings and Approval. NOW, THEREFORE, BE IT RESOLVED that the foregoing Recitals are true and correct Exhibit 1 TIBURON TOWN COUNCIL RESOLUTION NO. 2023-XX MAY 17, 2023 3 4859-3862-5890 v1 and are incorporated herein and form a part of this Resolution. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon concurs with the findings made by the Planning Commission and finds that the proposed precise development plan amendment to create a secondary building envelope for the property located at 165 Avenida Miraflores would be consistent with the overall intention of the Miraflores Precise Development Plan and the policies contained within the Land Use Element of the Tiburon General Plan; and BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby approve the requested precise development plan amendment to the Miraflores Precise Development Plan by creating a secondary building envelope for 165 Avenida Miraflores (Lot 6), subject to the following conditions: 1. The secondary building envelope for the property at 165 Avenida Miraflores shall be amended as reflected on the drawings labeled ‘Lot and Building Envelope Exhibit’, Sheet 2, prepared by Oberkamper & Associates Civil Engineers Inc. and ‘Site Plan w/ Revised Building Envelope’, Sheet A1.0, prepared by Heckmann Architects, received February 14, 2023, as attached as Exhibit “A” 2. The secondary building envelope is approved for: a. Landscape improvements including but not limited to swimming pool, spa, decks, patios, stairways, landing and improvements that are less than 3’ in height; b. Landscape features that are detached, not completely covered, and unenclosed structural feature, including but not limited to arbor, trellis, pergolas, water features. Such features shall not exceed 12’ in height and shall be located at least 3’ from a fence; c. One accessory building with a maximum height of 15’ tall and a maximum size of 215 square feet; and d. Fencing and/or retaining walls with a maximum height of 6’. 3. This approval shall in no way alter other provisions of the Miraflores Precise Plan not specifically modified herein. 4. This Precise Development Plan Amendment approval shall be valid for 36 months following its effective date, and shall expire unless subsequent zoning and/or building permits have been issued pursuant to this approval. A time extension may be granted if such request is filed prior to the expiration date. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on May 17, 2023 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Exhibit 1 TIBURON TOWN COUNCIL RESOLUTION NO. 2023-XX MAY 17, 2023 4 4859-3862-5890 v1 ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: _____ JACK RYAN, MAYOR TIBURON TOWN COUNCIL ATTEST: _________________________________ LEA DILENA, TOWN CLERK S81°30'W 13.80'S81°30' W 8 . 2 0 ' N 5 5 ° 0 0 ' W 2 0 5 . 5 8 ' N 2 4 ° 3 0 ' W 1 9 7 . 6 5 ' S46°00' W 191.22' S 8 ° 3 0 ' E 1 1 3 . 6 1 ' S44°30'W 103.96' N 8 ° 3 0 ' W 7 7 . 0 0 ' 9 9 . 6 1 ' N44°30'E 37.56' N 8 1 ° 3 0 ' E 2 1 . 0 0 ' S8 1 ° 3 0 ' W 3 0 . 0 0 ' S8 1 ° 3 0 ' W 4 3 . 2 9 ' S 2 6 ° 3 0 ' E 1 6 . 0 0 ' S 1 8 ° 3 0 ' E 9 9 . 9 1 ' 1 4 . 0 0 ' S 8 ° 3 0 ' E 9 5 . 4 3 ' 2 5 . 0 4 ' N 4 5 ° 3 0 ' W 2 0 . 0 0 ' 1 5 . 5 0 ' 1 5 . 5 0 ' 13. 5 0 ' 13. 5 0 ' S 6 3 ° 5 9 ' 3 9 " E 6 0 . 0 0 ' S 1 4 ° 0 7 ' 1 0 " E 8 0 . 0 0 ' S8 1 ° 3 0 ' W 3 5 . 0 0 ' G A Z E B O B U I L D I N G E N V E L O P E A R E A = 3 , 7 6 3 S Q F T B U I L D I N G E N V E L O P E A R E A = 2 , 6 4 9 S Q F T S E C O N D A R Y B U I L D I N G E N V E L O P E A R E A = 3 , 7 1 2 S Q F T T O T A L L O T A R E A = 3 1 , 6 6 4 S Q F T H O U S E D E C K 1 S T S T O R Y S T A I R S S T A I R S P A T I O P A T I O 2 N D S T O R Y D E C K 1 S T S T O R Y P A T I O 2 N D S T O R Y D E C K S T A I R S P A T I O 2 5 " D I F O U N T A I N W A T E R F A L L W A L L S W A L L W A L L S W A L L W A L L S U T I L I T Y S T A I R S W A L L S W A L L S W A L L S W A L L S W A L L S W A L L S B E N C H S T A I R S P A T I O W A L K W A Y A C U N I T D E C K E L E C T R I C V A U L T C A B L E B O X C U R B L G S T A I R S C U R B L G C U R B L G C U R B L G AVENIDA MIRAFLORES SIDEWALKSIDEWALK SIDEWALK W A L L S W A L L G A T E G A T E R O C K P A R K I N G D R I V E W A Y T. 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E . 2 4 2 . 6 7 T.B . E . 2 5 2 . 6 7 T.B . E . T.B . E . 257 . 6 7 T.B. E . T.L.E. 252.67' T.L.E. 262.67' T.B.E. 264.67 T.L.E. 262.67' WALL ROCK PATHWAY EDGING ROCK PATHWAY EDGINGROCK PATHWAY EDGING ROCK PATHWAY EDGING ROCK PATHWAY EDGING ROCK PATHWAY EDGINGROCK PATHWAY EDGING EXISTING GAZEBO N24° 3 0 ' W 1 9 7 . 6 5 ' S4 6 ° 0 0 ' W 1 9 1 . 2 2 ' N55°00'W 20 5 . 5 8 ' S4 4 ° 3 0 ' W 1 0 3 . 9 6 ' S81 ° 3 0 ' W 1 3 . 8 0 ' S81 ° 3 0 ' W 8 . 2 0 ' WO O D F E N C E Residence 165 Avenida Miraflores A.P. 039-261-06 35 ' - 0 " 80 ' - 0 " 60'-0" 5'- 0 " NORTH SECONDARY BUILDING ENVELOPE WITH LANDSCAPE FEATURES & GAZEBO PRIMARY BUILDING ENVELOPE PROPOSED SECONDARY BUILDING ENVELOPE WITH LANDSCAPE FEATURES & GAZEBO = ELEV. 234.0' PRIMARY BUILDING ENVELOPE LEGEND 42'-9" 1 9 ' - 7 " 15' - 6 " 13 ' - 1 0 " 214 SQ. FT BUILDING FOOTPRINT 2,745 SQ. FT F.F . E L E V . 2 2 2 . 3 7 ' X ELEV. 219.0' X 7 1 ' - 1 1 " 112'-1" T.O. SECONDARY B.E. ELEV. 234.0' T.O. SECONDARY B.E. ELEV. 234.0' 1606 Juanita Lane Suite C-6 Tiburon California 94920 415 435 2446 KeFNPannarFKiteFtVFoP plot date revisions © 2023 Michael D. Heckmann AIA no.date / name drawing number PLANNING SUBMITTAL 14 FEBRUARY 2023 PR E C I S E D E V E L O P M E N T P L A N A M E N D M E N T TH E S H A M I R R E S I D E N C E 16 5 A V E N I D A M I R A F L O R E S , T I B U R O N , C A 9 4 9 2 0 A. P . # 0 3 9 - 2 6 1 - 0 6 A1.0 SITE PLAN W/ REVISED BUILDING ENVELOPE 1 SITE PLAN WITH REVISED BULDING ENVELOPE 1" = 1'-0" Exhibit A RESOLUTION NO. 2023-XX 165 Avenida Miraflores Amended Building Envelope for Lot 6 EXHIBIT 2 1606 Juanita Lane, Suite C-6 Tiburon, CA 94920 Tel 415.435.2446 heckmannarchitects@earthlink.net www.heckmannarchitects.com 5 Jan 23 Response to Planning Dept review letter of Nov. 10, 2022 There currently exists a rectangular gazebo structure downslope of the main house family room and about 30 feet to the west. The gazebo was originally an open air trellis structure. Over time, there have been various improvements made to the structure including a roof for weather protection. In addition, framed walls with glass doors and windows were installed on the four sides. Owners’ intention with this application is to formalize the compliance and legality of this gazebo structure. We are proposing a Secondary Building Envelope that would include this garden structure. The owners have no future plans for any additional structures to be constructed in this new Secondary Building Envelope. In reviewing other nearby properties in this Miraflores subdivision, it is notable that this parcel is quite large in area when compared to the other parcels. It is also clear that the proportion of building envelope when compared to the total parcel area is actually relatively small. This would suggest that a larger building envelope would bring it more into a size that is more equitable to other properties. Other property data is now reflected in the plans include the Lot Area at 31,664 SF and the existing building Floor Area at 2620 SF. The existing and proposed building envelopes dimensions and bearings are now shown. The area of the two existing Primary Building Envelopes is 6412 SF and the area of the proposed Secondary Building Envelope is 3712 SF. All heights of existing and new building envelopes are now noted on the site plans. January 11, 2023 The proposed building envelope will not have a negative impact on its two closest neighbors to the east and west. The general slope of the terrain for these three parcels is down from east to west. This provides a natural offset of the buildings and living areas so that the uphill property always has an outlook over and not directing into the adjacent downhill property. In addition, these property owners over the years have installed significant landscaping to provide more visual separation. Finally, the orientation of the houses’ living spaces is to the primary view corridors which are toward the Bay and San Francisco in the southerly direction. Since the building envelopes have a main, long axis that is north-south, the focus on the southern view minimizes any views to the side or the westerly direction which might affect privacy. EXHIBIT 3 EXHIBIT 4 TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Members of the Planning Commission From: Christy Fong, Senior Planner Subject: 165 Avenida Miraflores; File No. PDPA2022-002; Request to amend the Miraflores Precise Plan (PD #21) to create a new Secondary Building Envelope for Lot 6 on a RPD (Residential Planned Development) zoned property that would legalize the location of the as-built accessory building and allow potential development of accessory buildings and landscape improvement; Assessor’s Parcel No. 039-261-06 (Continued from the March 8, 2023 Planning Commission meeting) PROJECT DATA ADDRESS: 165 AVENIDA MIRAFLORES ASSESSOR’S PARCEL NUMBER: 039-261-06 FILE NUMBER: PDPA2022-002 LOT SIZE: 31,664 SQUARE FEET ZONING: RPD (RESIDENTIAL PLANNED DEVELOPMENT) PRECISE PLAN: MIRAFLORES PRECISE PLAN (PD #21) - 1975 GENERAL PLAN: ML (MEDIUM LOW DENSITY RESIDENTIAL) CURRENT USE: SINGLE-FAMILY RESIDENTIAL PROPERTY OWNER/APPLICANT: EHUD AND SHARON SHAMIR BACKGROUND The project was first heard by the Planning Commission on March 8, 2023 (Exhibit 2 and Exhibit 3). At the public meeting on March 8, 2023, the Commission considered the application (Exhibit 5), held a public hearing, received public testimony, and deliberated the proposal of creating a new secondary building envelope in applicant’s back/sideyard, where applicant had erected an accessory building. If approved, the secondary building envelope would allow for erecting enclosed accessory building in an area where that previously was not allowed. This application therefore seeks to legalize an as-built accessory building (referred to as the “gazebo” by the Applicant) that was converted from an open-air pergola without a permit on Lot 6 of the Miraflores Precise Plan. If the secondary building envelope is approved, the applicant would still have to obtain design review approval to fully legalize the design of the accessory building. During the public hearing, a neighbor who resides at 163 Avenida Miraflores (west, left of project site) expressed objection and is concerned that the as-built accessory building, at its current location, within the proposed secondary building envelope would create privacy issue to the main residence at 163 Avenida Miraflores. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Planning Commission Meeting April 26, 2023 Agenda Item: PH-1 Planning Commission Meeting April 26, 2023 TOWN OF TIBURON PAGE 2 OF 4 During the deliberations, the Commission acknowledged that the pergola was built with a permit at its current location since 2007. The pergola was then converted to an accessory building without required permits or approval when the applicant added roof, walls, windows, and doors to the pergola. The location of this structure remains the same and is at least 80’ in horizontal distance from the main residence at 163 Avenida Miraflores. The majority of the Commission, upon site visits, found that the as-built accessory building may create potential privacy impact to the main residence at 163 Avenida Miraflores. Commissioner Defever noted that during her site visit she was able to observe the as-built structure from 163 Avenida Miraflores, and took pictures from that perspective and noted that there would appear to be some privacy concerns. Those pictures have been made as part of the record and are attached as Exhibit 4. During deliberations, Commissioners also noted the distance between the as-built accessory building and the main residence at 163 is at least 80’ and found that such a distance would appear to be a sufficient distance to mitigate privacy concerns. The Commission reiterated that a separate Design Review process is required to specifically review the design of this accessory building, which would further help to mitigate privacy concerns. At the March 8, 2023 Planning Commission meeting, the Commission found that the proposed secondary building envelope appears to be in compliance with the general goals of the Miraflores Precise Plan by retaining open visual appearance of the site. In addition, potential structures within the proposed secondary building envelope do not appear to create water view obstruction to neighboring properties. The Commission continued the project and directed staff to prepare a resolution of approval with conditions that would further specify appropriate development limitations within the proposed secondary building envelope. The Commission found that specific limitations for outbuildings may be required within the proposed secondary building envelope on this parcel, as it would help to mitigate potential privacy impact to nearby neighbors. The Commission suggested adding restrictions on the number and size of accessory building within the proposed secondary building envelope. The project was continued to the next regularly scheduled Planning Commission meeting on March 22, 2023. Due to lack of quorum, the March 22, 2023 and April 12, 2023 Planning Commission meetings were cancelled. A separate notice was issued for the project to be heard by the Planning Commission on April 26, 2023. ANALYSIS The original Miraflores Precise Plan was approved in 1975 and did not create secondary building envelopes for any parcels. Over the years, multiple precise plan amendments were made after the adoption of this Precise Plan to create secondary building envelope to allow private recreational use on various parcels (i.e. File #38801 in 1988, File #31303 in 2010 and File #31004 in 2014 on 2 Miraflores Lane, File #PC89-004 in 1989 for 176 Avenida Miraflores, File #48307 in 1983 for 181 Avenida Miraflores). Based on other amendments found in the same Precise Plan area relating to the creation of a secondary building envelope and the direction provided by the Planning Commission at the March 8, 2023, meeting, staff propose the following conditions for the Planning Commission to consider as part of recommendations to Town Council for the approval of a secondary building envelope, as described below: Planning Commission Meeting April 26, 2023 TOWN OF TIBURON PAGE 3 OF 4 1. The secondary building envelope for the property at 165 Avenida Miraflores shall be amended as reflected on the drawings labeled ‘Lot and Building Envelope Exhibit’, Sheet 2, prepared by Oberkamper & Associates Civil Engineers Inc. and ‘Site Plan w/ Revised Building Envelope’, Sheet A1.0, prepared by Heckmann Architects, received February 14, 2023. 2. The secondary building envelope is approved for: a. Landscape improvements including but not limited to swimming pool, spa, decks, patios, open grill, stairways, landing and improvements that are less than 3’ in height; b. Landscape features that are detached, not completely covered, and unenclosed structural features, including but not limited to arbor, trellis, pergolas, water features. Such features shall not exceed 12’ in height and shall be located at least 3’ from a fence; c. One accessory building with a maximum height of 15’ tall and a maximum size of 215 square feet; and d. Fencing and/or retaining walls with a maximum height of 6’. 3. This approval shall in no way alter other provisions of the Miraflores Precise Plan not specifically modified herein. The Planning Commission may want to consider the principles described in TMC section 16-52.060(E) in making a recommendation to Town Council whether to amend the Precise Development Plan. Relevant principles are provided as follows: 6. Prominence of development and construction should be minimized by appropriate location of grading and placing of buildings in order to screen by wooded areas, rock outcroppings and depressions in topography or other features. 11. Adequate consideration shall be given to the need for appropriate privacy between residential units and other uses. Design shall ensure minimum visual and aural intrusion into indoor and outdoor living areas from adjacent living areas. 12. Improvements shall be placed so as to minimize intrusion of noise on nearby areas. 13. Landscaping shall be designed so as to result in the least possible disturbance of natural and/or open areas and shall be compatible with the natural setting. Consideration shall be given to fire protection, water conservation, protection of views and trail areas, and buffering of noise. 15. Materials and colors used in improvements shall blend into the natural environment to the extent reasonably possible. The Planning Commission may wish to consider whether a recommendation can be made to Town Council to approve the proposed precise plan amendment. In addition, the Commission may wish to determine whether the conditions, as proposed above, would reasonably limit the use of the new secondary building envelope for privacy protection and consistency with the general goals of the Miraflores Precise Plan. ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject applications are categorically exempt from the requirements of CEQA per Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. Planning Commission Meeting April 26, 2023 TOWN OF TIBURON PAGE 4 OF 4 PUBLIC COMMENT Since the March 8, 2023, Planning Commission public meeting, one letter has been received by staff regarding the subject application (Exhibit 6). FUTURE ACTIONS REQUIRED The Planning Commission’s action on this project would be in the form of a recommendation of approval to the Town Council or a denial by the Commission. If the precise plan amendment is approved, future site improvements would require Site Plan and Architectural Review approval and Building Permits. If denied, the action of the Commission would be final unless appealed to the Town Council. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing on this item and hear and consider all testimony, and 2. If the Commission concludes that the proposed secondary building envelope would be consistent with the intent of the Miraflores Precise Plan, the Commission should adopt the draft resolution, as revised, (Exhibit 1) recommending conditional approval of the amendment to the Town Council. EXHIBITS 1. Draft Resolution for Approval with Conditions 2. March 8, 2023 Planning Commission Staff Report and Late Mail 3. Draft March 8, 2023 Planning Commission meeting minutes 4. Photos by Commission Defever, shared on March 8, 2023 Planning Commission meeting 5. Submitted plans, prepared by Heckmann Architects, received on February 14, 2023 6. Comment letter from 163 Avenida Miraflores, received on March 20, 2023 Exhibit 1 TIBURON PLANNING COMMISSION RESOLUTION NO. 2023-XX APRIL 26, 2023 1 RESOLUTION NO. 2023-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF AN AMENDMENT TO THE MIRAFLORES PRECISE PLAN (PD #21) TO CREATE A SECONDARY BUILDING ENVELOPE ON PROPERTY AT 165 AVENIDA MIRAFLORES (LOT 6) ASSESSOR PARCEL NO. 039-261-06 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. On October 13, 2022, the Town has received and considered a Precise Development Plan Amendment application (PDPA2022-002) filed by Ehud and Sharon Shamir for an amendment to the Miraflores Precise Plan (PD #21) to create a secondary building envelope at 165 Avenida Miraflores (Lot 6). The application consists of the following: 1. Application form and supplemental materials, dated October 13, 2022, as revised on January 11, 2023; and 2. Project Plan, prepared by Heckmann Architects, received on February 14, 2023. B. On March 8, 2023, the Planning Commission held a duly-noticed public hearing, and heard and considered testimony from interested persons. Upon receiving public testimony and deliberations, the Planning Commission continued the project to the next available meeting and directed staff to prepare a draft resolution of approval with conditions that would specify the development limitation of the proposed secondary building envelope. In addition, the Commission found that specific limitations for outbuilding is required within the proposed secondary building envelope on this parcel, as it would help to mitigate potential privacy impacts to nearby neighbors at 163 Avenida Miraflores. C. The regularly scheduled Planning Commission meeting on March 22, 2023 was cancelled due to lack of quorum. D. On April 26, 2023, the Planning Commission held a duly-noted public hearing and considered a draft resolution for approval with conditions as prepared by staff. E. The Planning Commission finds that the project is exempt from the requirements of the California Environmental Quality Act per Sections 15305 of the CEQA Guidelines. F. The Planning Commission finds based upon application materials and analysis presented in the March 8, 2023 and April 26, 2023, Staff Report, as well as visits to the site and testimony received from the applicant, and consideration of the principles of 16- Exhibit 1 TIBURON PLANNING COMMISSION RESOLUTION NO. 2023-XX APRIL 26, 2023 2 52.060(E) that the amendment to the precise development plan, as conditioned, are consistent with the intent of the Miraflores Precise Plan. G. The Planning Commission finds the project to be consistent with the goals and policies of the Tiburon General Plan Land Use Element Policy LU-13, which states that “Neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible.” The proposed secondary building envelope would appear to be consistent with the intent of the Miraflores Precise Plan to preserve view and retain the open visual appearance of the site. Section 2. Recommendation for Approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the precise plan amendment creating a secondary building envelope at 165 Avenida Miraflores to the Town Council, subject to the following conditions: 1. The secondary building envelope for the property at 165 Avenida Miraflores shall be amended as reflected on the drawings labeled ‘Lot and Building Envelope Exhibit’, Sheet 2, prepared by Oberkamper & Associates Civil Engineers Inc. and ‘Site Plan w/ Revised Building Envelope’, Sheet A1.0, prepared by Heckmann Architects, received February 14, 2023. 2. The secondary building envelope is approved for: a. Landscape improvements including but not limited to swimming pool, spa, decks, patios, stairways, landing and improvements that are less than 3’ in height; b. Landscape features that are detached, not completely covered, and unenclosed structural feature, including but not limited to arbor, trellis, pergolas, water features. Such features shall not exceed 12’ in height and shall be located at least 3’ from a fence; c. One accessory building with a maximum height of 15’ tall and a maximum size of 215 square feet; and d. Fencing and/or retaining walls with a maximum height of 6’. 3. This approval shall in no way alter other provisions of the Miraflores Precise Plan not specifically modified herein. PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on April 26, 2023 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: Exhibit 1 TIBURON PLANNING COMMISSION RESOLUTION NO. 2023-XX APRIL 26, 2023 3 ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: _____ ERICA WILLIAMS, CHAIR TIBURON PLANNING COMMISSION ATTEST: _________________________________ DINA TASINI, SECRETARY STAFF REPORT To: Members of the Planning Commission From: Christy Fong, Senior Planner Subject: 165 Avenida Miraflores; File No. PDPA2022-002; Request to amend the Miraflores Precise Plan (PD #21) to create a new Secondary Building Envelope for Lot 6 on a RPD (Residential Planned Development) zoned property that would legalize the as-built accessory building and allow potential development of accessory buildings and landscape improvement; Assessor’s Parcel No. 039-261-06 PROJECT DATA ADDRESS: 165 AVENIDA MIRAFLORES ASSESSOR’S PARCEL NUMBER: 039-261-06 FILE NUMBER: PDPA2022-002 LOT SIZE: 31,664 SQUARE FEET ZONING: RPD (RESIDENTIAL PLANNED DEVELOPMENT) PRECISE PLAN: MIRAFLORES PRECISE PLAN (PD #21) - 1975 GENERAL PLAN: ML (MEDIUM LOW DENSITY RESIDENTIAL) CURRENT USE: SINGLE-FAMILY RESIDENTIAL PROPERTY OWNER/APPLICANT: EHUD AND SHARON SHAMIR PROPOSAL The applicants propose to amend the Miraflores Precise Plan for property located at 165 Avenida Miraflores. The amendment seeks to create a secondary building envelope on the site in order to legalize an as-built accessory building that is currently located outside of the existing building envelope. The newly created secondary building envelope will allow potential development of accessory buildings and landscape improvement in the future, which may be subject to a separate design review process. The proposed secondary building envelope is approximately 3,712 square feet in area locating on the west side of the property. The proposed secondary building envelope has a top elevation of 234’ above sea level, where the maximum height allowed for any accessory structures shall not exceed 15’. The perimeter of the subject property will remain as a landscape envelope that only permits vegetation and landscaping. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Planning Commission Meeting March 8, 2023 Agenda Item: PH-1 Planning Commission March 23, 2023 meeting Exhibit 2, Page 1 of 13 BACKGROUND The Miraflores Precise Plan was originally approved in 1975. The house on this site was approved in 1977 and constructed shortly thereafter. In 2007, the Site Plan and Architectural Review application was approved (File #707173) to construct a landscape pergola below the existing rear yard terrace on the left (west) side of the primary residence. The pergola was approved as an open-air trellis structure. Over time, there have been various improvements made to the structure including a solid roof, enclosed walls, glass doors and windows. The proposed secondary building envelope is to legalize this as-built accessory structure at this location. A separate Site Plan and Design Review application is required for the design of the as-built accessory structure. At this time, the property owners have no future plans to construct new structures within the newly created secondary building envelope. ANALYSIS Project Design The existing house at 165 Avenida Miraflores is situated close to the front property line. The proposed precise plan amendment would create a secondary building envelope on the west side of the property, which is currently occupied by various landscape improvements with existing retaining walls, pathways, stairway and landings, terraced patios and decks. As noted, the property owner is intended to legalize the as-built, approximately 214 square foot, accessory structure with the creation of a new secondary building envelope. The property owners have no plans of any future improvements that would be located in the new secondary building envelope. The existing as-built accessory structure and any future development within the newly created secondary building envelope would be reviewed through the Town’s design review process. The proposed secondary building envelope appears to offer adequate separation from other existing homes in the immediate vicinity and is not highly visible from public street. Existing vegetation and fencing will also provide some visual buffer of any improvements in the newly created secondary building envelope. Compliance with the Miraflores Precise Plan The building envelopes established by the Miraflores Precise Plan were designed to allow adequate space for the development, while creating a more naturalized landscape area around each parcel. The proposed secondary building envelope would allow the property owners more area to enjoy their property with potential accessory buildings and landscape improvements that are typically found in the backyards of single-family residences. The perimeter of the subject property will remain as a landscape envelope. The overall size of the proposed secondary building envelope is generally consistent with other building envelopes in the Miraflores subdivision. General Plan Consistency The proposed project has been reviewed for consistency with the Tiburon General Plan and with the requirements of the Tiburon Zoning Ordinance regarding precise plan amendments. Land Use Element Policy LU-13 states that “Neighborhood character, which is defined by the Planning Commission March 23, 2023 meeting Exhibit 2, Page 2 of 13 predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible.” As noted previously, the proposed secondary building envelope would appear to be consistent with the intent of the Miraflores Precise Plan to retain the open visual appearance of the site. Any improvements within the newly created secondary building envelope would be subject to the Town’s design review process. The proposed secondary envelope would not appear to create view or privacy impacts for neighboring properties and would be consistent with the open views which characterize the surrounding neighborhood. ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject applications are categorically exempt from the requirements of CEQA per Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. PUBLIC COMMENT As of the date of this report, no letters have been received regarding the subject application. FUTURE ACTIONS REQUIRED The Planning Commission’s action on this project would be in the form of a recommendation of approval to the Town Council or a denial by the Commission. If the precise plan amendment is approved, future site improvements would require Site Plan and Architectural Review approval and Building Permits. If denied, the action of the Commission would be final unless appealed to the Town Council. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing on this item and hear and consider all testimony, and 2.If the Commission concludes that the proposed secondary building envelopewould be consistent with the intent of the Miraflores Precise Plan, the Commissionshould adopt the draft resolution (Exhibit 1) recommending conditional approvalof the amendment to the Town Council. EXHIBITS 1.Draft Resolution2. Application form and supplemental materials, received on October 13, 2022, and revised on January 11, 2023 3. Submitted plans, prepared by Heckmann Architects, received on February 14, 2023 Planning Commission March 23, 2023 meeting Exhibit 2, Page 3 of 13 RESOLUTION NO. 2023-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF AN AMENDMENT TO THE MIRAFLORES PRECISE PLAN (PD #21) TO CREATE A SECONDARY BUILDING ENVELOPE ON PROPERTY AT 165 AVENIDA MIRAFLORES (LOT 6) ASSESSOR PARCEL NO. 039-261-06 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. On October 13, 2022, the Town has received and considered a Precise Development Plan Amendment application (PDPA2022-002) filed by Ehud and Sharon Shamir for an amendment to the Miraflores Precise Plan (PD #21) to create a secondary building envelope at 165 Avenida Miraflores (Lot 6). The application consists of the following: 1. Application form and supplemental materials, dated October 13, 2022, as revised on January 11, 2023; and 2. Project Plan, prepared by Heckmann Architects, received on February 14, 2023. B. The Planning Commission held a duly-noticed public hearing on March 8, 2023, and heard and considered testimony from interested persons. C. The Planning Commission finds that the project is exempt from the requirements of the California Environmental Quality Act per Sections 15305 of the CEQA Guidelines. D. The Planning Commission finds based upon application materials and analysis presented in the March 8, 2023, Staff Report, as well as visits to the site and testimony received from the applicant, that the project is consistent with the intent of the Miraflores Precise Plan. E. The Planning Commission finds the project to be consistent with the goals and policies of the Tiburon General Plan Land Use Element Policy LU-13, which states that “Neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible.” The proposed expanded building envelope would appear to be consistent with the intent of the Miraflores Precise Plan to retain the open visual appearance of the site. Section 2. Recommendation for Approval. Planning Commission March 23, 2023 meeting Exhibit 2, Page 4 of 13 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the precise plan amendment creating a secondary building envelope at 165 Avenida Miraflores to the Town Council, subject to the following conditions: 1.The secondary building envelope for the property at 165 Avenida Miraflores shall be amended as reflected on the drawings labeled ‘Lot and Building Envelope Exhibit’, Sheet 2, prepared by Oberkamper & Associates Civil Engineers Inc. and‘Site Plan w/ Revised Building Envelope’, Sheet A1.0, prepared by HeckmannArchitects, received February 14, 2023. 2. This approval shall in no way alter other provisions of the Miraflores Precise Plan not specifically modified herein. PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on March 8, 2023 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: _______________________________ ERICA WILLIAMS, CHAIR TIBURON PLANNING COMMISSION ATTEST: _________________________________ DINA TASINI, SECRETARY Planning Commission March 23, 2023 meeting Exhibit 2, Page 5 of 13 Planning Commission March 23, 2023 meeting Exhibit 2, Page 6 of 13 5 Jan 23 Response to Planning Dept review letter of Nov. 10, 2022 There currently exists a rectangular gazebo structure downslope of the main house family room and about 30 feet to the west. The gazebo was originally an open air trellis structure. Over time, there have been various improvements made to the structure including a roof for weather protection. In addition, framed walls with glass doors and windows were installed on the four sides. Owners’ intention with this application is to formalize the compliance and legality of this gazebo structure. We are proposing a Secondary Building Envelope that would include this garden structure. The owners have no future plans for any additional structures to be constructed in this new Secondary Building Envelope. In reviewing other nearby properties in this Miraflores subdivision, it is notable that this parcel is quite large in area when compared to the other parcels. It is also clear that the proportion of building envelope when compared to the total parcel area is actually relatively small. This would suggest that a larger building envelope would bring it more into a size that is more equitable to other properties. Other property data is now reflected in the plans include the Lot Area at 31,664 SF and the existing building Floor Area at 2620 SF. The existing and proposed building envelopes dimensions and bearings are now shown. The area of the two existing Primary Building Envelopes is 6412 SF and the area of the proposed Secondary Building Envelope is 3712 SF. All heights of existing and new building envelopes are now noted on the site plans. January 11, 2023 Planning Commission March 23, 2023 meeting Exhibit 2, Page 7 of 13 The proposed building envelope will not have a negative impact on its two closest neighbors to the east and west. The general slope of the terrain for these three parcels is down from east to west. This provides a natural offset of the buildings and living areas so that the uphill property always has an outlook over and not directing into the adjacent downhill property. In addition, these property owners over the years have installed significant landscaping to provide more visual separation. Finally, the orientation of the houses’ living spaces is to the primary view corridors which are toward the Bay and San Francisco in the southerly direction. Since the building envelopes have a main, long axis that is north-south, the focus on the southern view minimizes any views to the side or the westerly direction which might affect privacy. Planning Commission March 23, 2023 meeting Exhibit 2, Page 8 of 13 1606 Juanita Lane Suite C-6 Tiburon California 94920 415 435 2446 KeFNPannarFKiteFtVFoP plot date revisions © 2023 Michael D. Heckmann AIA no.date / name drawing number PLANNING SUBMITTAL 14 FEBRUARY 2023 PR E C I S E D E V E L O P M E N T P L A N A M E N D M E N T TH E S H A M I R R E S I D E N C E 16 5 A V E N I D A M I R A F L O R E S , T I B U R O N , C A 9 4 9 2 0 A. P . # 0 3 9 - 2 6 1 - 0 6 Project Directory architectural 1. A0.1 COVER & DATA SHEET 2. SURVEYOR SHEET 1: BOUNDARY & TOPOGRAPHIC SURVEY 3. SURVEYOR SHEET 2: LOT & BUILDING ENVELOPE EXHIBIT 3. A1.0 SITE PLAN WITH REVISED BUILDING ENVELOPE owner THE SHAMIR FAMILY 165 Avenida Miraflores Tiburon, California 9492- Sheet Index Project 165 Avenida Miraflores Tiburon, California7+( S+$MI5 5(SID(1C( 165 Avenida Miraflores Tiburon, California 94920 CODES: A. 2019 CALIFORNIA BUILDING CODE (CBC) B. 2019 CALIFORNIA RESIDENTIAL CODE (CRC) C. 2019 CALIFORNIA ELECTRICAL CODE (CEC) D. 2019 CALIFORNIA PLUMBING CODE (CPC) architect MICHAEL HECKMANN AIA 1606 Juanita Lane Suite C-6 Tiburon, California 94920 415-435-2446 phone heckmannarchitects@earthlink.net EXISTING TOTAL FLOOR AREA 2,620 SQ. FT. BUILDING FOOTPRINT AREA 2,745 SQ. FT. TOTAL LOT COVERAGE AREA LOT COVERAGE FLOOR AREA (HABITABLE) GAZEBO FLOOR AREA 9.3%PERCENTAGE OF LOT AREA 214 SQ. FT. GAZEBO (0.7% LOT AREA) E. 2019 CALIFORNIA MECHANICAL CODE (CMC) F. 2019 CALIFORNIA ENERGY CODE (CEC) G. 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN) H. TOWN OF TIBURON MUNICIPAL CODE Project Info & Design Compliance ZONING: RPD OCCUPANCY GROUP: R-3 (RESIDENCE), U (GARAGE) CONSTRUCTION TYPE: VB DENSITY: SINGLE FAMILY RESIDENTIAL UNIT WUI: Y FLOOD ZONE: NO LOT AREA: 31,664 S4. FT. General Notes 1.OWNERSHIP OF DRAWINGS AND SPECIFICATIONS AS INSTRUMENTS OF SERVICE ARE THE PROPERTY OF MICHAEL HECKMANN A.I.A. ARCHITECT. 2.THESE PLANS ARE NOT INTENDED TO SHOW THE METHOD AND MEANS OF EXECUTION OF THE WORK. THAT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR. 3.CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE CURRENT EDITION OF THE CALIFORNIA TITLE 24 BUILDING CODE & BUILDING ENERGY EFFICIENCY STANDARDS AS ADOPTED BY THE GOVERNING AGENCY. IT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO ENSURE FULL COMPLIANCE. 4.ARCHITECT SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OF INFORMATION CONTAINED IN OWNER-SUPPLIED DOCUMENTS. 5.IT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO REVIEW AND FAMILIARIZE HIMSELF WITH THE CONTRACT DRAWINGS AND SPECIFICATIONS, AND SITE CONDITIONS PRIOR TO COMMENCING WITH CONSTRUCTION. IF ANY CONFLICT EXISTS BETWEEN PORTIONS OF THE CONTRACT DOCUMENTS AND/ OR ANY EXISTING SITE CONDITIONS, IT SHALL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO CONTACT THE ARCHITECT PRIOR TO EXECUTION. 6.THESE DRAWINGS SHALL NOT BE SCALED. ALL WORK SHALL BE GOVERNED BY THE DIMENSIONS INDICATED ON THE DRAWINGS. ANY DISCREPANCIES SHALL BE BROUGHT TO THE ATTENTION OF THE CONTRACTOR AND ARCHITECT. ALL DIMENSIONS RELATING TO THE EXISTING CONDITIONS SHALL BE VERIFIED BY THE CONTRACTOR PRIOR TO COMMENCING THE WORK. 7.ANY WASTE MATERIALS SHALL BE CONSIDERED THE PROPERTY OF THE CONTRACTOR, UNLESS CLAIMED BY THE OWNER, AND SHALL BE DISPOSED OF AWAY FROM THE JOB SITE IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, AND FEDERAL REGULATIONS. 8.DURING CONSTRUCTION THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROLLING NOISE, ODORS, DUST, AND DEBRIS TO MINIMIZE IMPACTS ON SURROUNDING PROPERTIES AND ROADWAYS. 9.ALL SPECIAL INSPECTION AGENCIES/ INDIVIDUALS AND SHOP FABRICATORS SHALL BE APPROVED BY THE BUILDING DEPARTMENT PRIOR TO ANY WORK BEING PERFORMED. SUBMIT ALL DOCUMENTATION FOR APPROVAL. Symbols 1 A3.1 detail number column or datum grid lines sheet where detail is drawn A 3 datum point sheet where section is drawn building section, wall section revision number revisions, cloud around or interior elevation number 10 interior elevation number A3.1 A 3 A4.03 4 14 9 dimension surface to surface dimension to face of stud sheet where section is drawn 2'-4" 2'-4" horizontal hardwood interior left handlaminate (d) kitchen mechanical metal minimum maximum insulate (d), (tion) air conditioningheating/ventilation ac material (s) mounted not to scale over radius not in contract reference roof drain required room refrigerator similar sheathing section squarespeaker suspended structural standard tongue and groove stainless steel specification (s) rough opening revision (s), revised miscellaneous telephone television verticaltypical top of wall with water closetwithout vinyl tile top of finished surface top of curb ac hdwd horiz hvac int ins lamlh kit area drainadjacent between alternate aluminum above finished floor architect (ural) max mech mtl min blocking block building board ad aff adj alt archbtwn al bd bldg blk blkg mtd mtl nic o/ nts catch basin column clear drain concrete concrete masonry unit contract (or) construction ceiling r disposaldimension downspout damper drinking fountain demolish, demolition drawer drawing cb clrcmu col contr d constconc clg dem dfdimdisp dpr ds dwr dwg rd ref reqdrevrm refr elevation each exhaust equipmentequalemergency shth sim ro sec spec spkrsq sst std strsusp t&g exterior existing fire hose stationfire hose cabinet fire extinguisher furnished by others forced air unit floor (ing) fluorescent finish (ed) foundation ea elev eqequip exh emer fau fbo exist ext fe fhcfhs fin fluor flrfnd misc building standardb.s. tel face of finish tfs tv tow typvert w/w/owc vt fireplace footing general contract gage, guage face of wall face of stud galvanized header hose bib gypsum board drywall glass blockglass, glazing hardware fof fos fow fp gc ftg ga glbgv hb hdr gl gypbd hdwr tc face of columnfoc see civil engrs. drawingsscdsee energy calculationssec see struct. engnrs. dwg'sssd plate plywood plaster property line post-tensioned concrete precast concrete overflow scupper on center (s)oc os pccplp.l. plas plywd ptc Abbreviations Vicinity Map AP: 039-061-06 ADDRESS: 165 Avenida Miraflores, Tiburon, California A0.1 COVER & DATA SHEET ASSESSOR PARCEL MAP MAX. BUILDING HEIGHT - 30'-0" MAX. ACCESSORY BUILDING HEIGHT 12'-0" 214 SQ. FT. 2,959 SQ. FT. NEIGHBORHOOD BUILDING ENVELOPE CONTEXT civil engineer Oberkamper & Associates 7200 Redwood Blvd., Suite 308 Novato, CA 94945 TEL: (415) 897-2800 ext. 100 www.oberkamper.com AERIAL VIEW TOTAL FLOOR AREA 2,834 SQ. FT. PERCENTAGE OF LOT AREA 9.0% February 14, 2023 Planning Commission March 23, 2023 meeting Exhibit 2, Page 9 of 13 N24° 3 0 ' W 1 9 7 . 6 5 ' S4 6 ° 0 0 ' W 1 9 1 . 2 2 ' N55°00'W 2 0 5 . 5 8 ' S4 4 ° 3 0 ' W 1 0 3 . 9 6 ' S81 ° 3 0 ' W 1 3 . 8 0 ' S81 ° 3 0 ' W 8 . 2 0 ' N \\ I N F O \ D o c u m e n t s \ J o b s \ 2 0 2 2 \ 2 2 - 1 7 1 1 6 5 A v e n i d a M i r a f l o r e s , T i b u r o n - B o u n d a r y a n d T o p o \ D W G \ B A S E S \ 2 2 - 1 7 1 M a s t e r 2 0 2 2 - 1 2 - 2 0 . d w g , S H E E T 1 , 1 2 / 2 7 / 2 0 2 2 9 : 3 3 : 4 8 A M , D W G T o P D F . p c 3 Planning Commission March 23, 2023 meeting Exhibit 2, Page 10 of 13 S81°30'W 13.80'S81°30' W 8 . 2 0 ' N 5 5 ° 0 0 ' W 2 0 5 . 5 8 ' N 2 4 ° 3 0 ' W 1 9 7 . 6 5 ' S46°00' W 191.22' S 8 ° 3 0 ' E 1 1 3 . 6 1 ' S44°30'W 103.96' N 8 ° 3 0 ' W 7 7 . 0 0 ' 9 9 . 6 1 ' N44°30'E 37.56' N 8 1 ° 3 0 ' E 2 1 . 0 0 ' S8 1 ° 3 0 ' W 3 0 . 0 0 ' S8 1 ° 3 0 ' W 4 3 . 2 9 ' S 2 6 ° 3 0 ' E 1 6 . 0 0 ' S 1 8 ° 3 0 ' E 9 9 . 9 1 ' 1 4 . 0 0 ' S 8 ° 3 0 ' E 9 5 . 4 3 ' 2 5 . 0 4 ' N 4 5 ° 3 0 ' W 2 0 . 0 0 ' 1 5 . 5 0 ' 1 5 . 5 0 ' 13. 5 0 ' 13. 5 0 ' S 6 3 ° 5 9 ' 3 9 " E 6 0 . 0 0 ' S 1 4 ° 0 7 ' 1 0 " E 8 0 . 0 0 ' S8 1 ° 3 0 ' W 3 5 . 0 0 ' G A Z E B O B U I L D I N G E N V E L O P E A R E A = 3 , 7 6 3 S Q F T B U I L D I N G E N V E L O P E A R E A = 2 , 6 4 9 S Q F T S E C O N D A R Y B U I L D I N G E N V E L O P E A R E A = 3 , 7 1 2 S Q F T T O T A L L O T A R E A = 3 1 , 6 6 4 S Q F T H O U S E D E C K 1 S T S T O R Y S T A I R S S T A I R S P A T I O P A T I O 2 N D S T O R Y D E C K 1 S T S T O R Y P A T I O 2 N D S T O R Y D E C K S T A I R S P A T I O 2 5 " D I F O U N T A I N W A T E R F A L L W A L L S W A L L W A L L S W A L L W A L L S U T I L I T Y S T A I R S W A L L S W A L L S W A L L S W A L L S W A L L S W A L L S B E N C H S T A I R S P A T I O W A L K W A Y A C U N I T D E C K E L E C T R I C V A U L T C A B L E B O X C U R B L G S T A I R S C U R B L G C U R B L G C U R B L G AVENIDA MIRAFLORES SIDEWALKSIDEWALK SIDEWALK W A L L S W A L L G A T E G A T E R O C K P A R K I N G D R I V E W A Y T. 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E . 2 4 2 . 6 7 T.B . E . 2 5 2 . 6 7 T.B . E . T.B . E . 257 . 6 7 T.B. E . T.L.E. 252.67' T.L.E. 262.67' T.B.E. 264.67 T.L.E. 262.67' WALL ROCK PATHWAY EDGING ROCK PATHWAY EDGINGROCK PATHWAY EDGING ROCK PATHWAY EDGING ROCK PATHWAY EDGING ROCK PATHWAY EDGINGROCK PATHWAY EDGING EXISTING GAZEBO N24° 3 0 ' W 1 9 7 . 6 5 ' S4 6 ° 0 0 ' W 1 9 1 . 2 2 ' N55°00'W 20 5 . 5 8 ' S4 4 ° 3 0 ' W 1 0 3 . 9 6 ' S81 ° 3 0 ' W 1 3 . 8 0 ' S81 ° 3 0 ' W 8 . 2 0 ' WO O D F E N C E Residence 165 Avenida Miraflores A.P. 039-261-06 35 ' - 0 " 80 ' - 0 " 60'-0" 5'- 0 " NORTH SECONDARY BUILDING ENVELOPE WITH LANDSCAPE FEATURES & GAZEBO PRIMARY BUILDING ENVELOPE PROPOSED SECONDARY BUILDING ENVELOPE WITH LANDSCAPE FEATURES & GAZEBO = ELEV. 234.0' PRIMARY BUILDING ENVELOPE LEGEND 42'-9" 1 9 ' - 7 " 15' - 6 " 13 ' - 1 0 " 214 SQ. FT BUILDING FOOTPRINT 2,745 SQ. FT F.F . E L E V . 2 2 2 . 3 7 ' X ELEV. 219.0' X 7 1 ' - 1 1 " 112'-1" T.O. SECONDARY B.E. ELEV. 234.0' T.O. SECONDARY B.E. ELEV. 234.0' 1606 Juanita Lane Suite C-6 Tiburon California 94920 415 435 2446 KeFNPannarFKiteFtVFoP plot date revisions © 2023 Michael D. Heckmann AIA no.date / name drawing number PLANNING SUBMITTAL 14 FEBRUARY 2023 PR E C I S E D E V E L O P M E N T P L A N A M E N D M E N T TH E S H A M I R R E S I D E N C E 16 5 A V E N I D A M I R A F L O R E S , T I B U R O N , C A 9 4 9 2 0 A. P . # 0 3 9 - 2 6 1 - 0 6 A1.0 SITE PLAN W/ REVISED BUILDING ENVELOPE 1 SITE PLAN WITH REVISED BULDING ENVELOPE 1" = 1'-0" Planning Commission March 23, 2023 meeting Exhibit 2, Page 12 of 13 Firuze Hariri 163 Avenida Mira Flores Tiburon, Ca 94920 FiruzeHariri@Yahoo.com 415-420-8300 3/07/23 To: Kris Wyek Tiburon Planning Department kwyek@townoftiburon.org Hello Kris, I am writing to you to express my objection to my neighbors’ request to create a new Secondary Building Envelop at 165 Avenida Miraflores. The original building envelops on both properties were set in place to protect each other’s privacy. The expansion of their existing envelope to where their gazebo is, will allow them to create a living space at that location. This will create a privacy issue for us since our bedrooms are all facing their gazebo directly. Thank you, Firuze Hariri Cc: cfong@townoftiburon.org sbonifacio@townoftiburon.org March 7, 2023 PH-1 Planning Commission March 23, 2023 meeting Exhibit 2, Page 13 of 13 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 1 PLANNING COMMISSION 1 MINUTES NO. 1132 2 Special Meeting 3 March 8, 2022 4 Town of Tiburon Council Chambers 5 1505 Tiburon Boulevard, Tiburon, California 6 7 8 CALL TO ORDER AND ROLL CALL: 9 10 Chair Williams called the meeting to order at approximately 6:30 p.m. 11 12 Present: Chair Erica Williams; Vice Chair Daniel Amir, Commissioners Kathleen Defever, 13 Jeff Tsai 14 15 Absent: Commissioner Eric Woodward 16 17 Staff Present: Community Development Director Dina Tasini; Senior Planner Christy Fong; 18 Assistant Town Attorney Eli Flushman 19 20 ORAL COMMUNICATIONS – None 21 22 COMMISSION AND STAFF BRIEFING – Director Tasini announced that an amended ADU 23 ordinance will be brought forward at the March 22nd meeting. The Ordinance will address AB 24 2221 and SB 897 requiring amendments to the existing Accessory Dwelling Unit Ordinance, as 25 well as the mini-cows conditional use permit. The Commission will also discuss the meeting 26 start times which need to be set through adoption of a resolution. 27 28 The Housing Element has begun its circulation with HCD for the second review. The period of 29 review is 90 days which began on February 16th, comments are expected back on May 1, 2023. 30 The General Plan 2040 EIR will begin circulation on March 16, 2023, for its 45-day period. 31 32 MINUTES 33 34 Consider adoption of the minutes from the November 9, 2022, meeting 35 36 ACTION: M/S/C (William/Tsai) to approve the minutes of November 9, 2022, as submitted. 37 Roll Call Vote: 4-0-1; Amir and Defever abstain; Woodward absent. 38 39 PUBLIC HEARINGS 40 41 PH-1 165 AVENIDA MIRAFLORES: Request to Amend the Miraflores Precise Plan (PD 42 #21) to Create a New Secondary Building Envelope for Lot 6 on a RPD (Residential 43 Planned Development) zoned property that would legalize the as-built accessory building 44 and allow potential development of accessory structures and landscape improvement; File 45 #PDPA2022-002; Ehud and Sharon Shamir, Owners/Applicants; Assessor’s Parcel No. 46 039-261-06 47 48 Planning Commission March 22, 2023 meeting Exhibit 3, Page 1 of 11 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 2 Recusal: 1 Commissioner Tsai recused himself from participating in the matter due to the proximity of his 2 residence to 165 Avenida Miraflores, and he left the meeting. 3 4 Senior Planner Christy Fong gave the staff report and overview regarding the request to create a 5 new secondary building envelope for Lot 6 in the Miraflores Precise Plan to legalize an existing 6 accessory building that has changed over the years, which is referred to as a gazebo by the 7 applicant. 8 9 The proposed secondary building envelope appears to meet the goals set forth in the Precise 10 Plan, with a maximum height elevation that restricts structures not to exceed 15’ tall. The 11 proposal will maintain the landscape envelope around the parcel. Staff received late mail which 12 was distributed to the Commission prior to the meeting from the abutting neighbor on the left or 13 west side of the project site. 14 15 Vice Chair Amir questioned the history of the gazebo in terms of the situation and if it is possible 16 “grandfather” the structure. 17 18 Ms. Fong replied the pergola was legally permitted at its current location in 2007 as an open-air 19 roofed structure with no weatherproofed walls. The owners converted the pergola into a gazebo, 20 an accessory building that has walls and a roof on it, which is not legally permitted without 21 the benefit of a permit and in this instance an amendment to the existing Precise Plan to create a 22 secondary building envelope. 23 24 Chair Williams said she and Commissioner Defever visited Lots 5 and 6. One thing that is not 25 clear to her was what type of an accessory structure or structures would be allowable within the 26 secondary building envelope. 27 28 Ms. Fong explained the accessory structure could be a tool shed, small structure, and landscape 29 features residence, no residential living spaces. Accessory structures would need to go through a 30 staff design review process depending upon the size of the accessory building, those structures 31 measuring greater than 500 square feet would need to receive approval through the Design 32 Review Board. 33 34 Commissioner Defever asked where is the secondary building envelope definition. 35 36 Ms. Fong said each Precise Plan has different language on what can be located within a 37 secondary building envelope. In the original Miraflores Precise Plan area where this parcel is 38 located, secondary building envelope were not included nor defined. The Commission can create 39 through this process a secondary building envelope and define what is permitted. 40 41 Commissioner Defever asked and confirmed with Ms. Tasini that a definition of a secondary 42 building envelopes does not exist and is not defined in the Miraflores Precise Plan. Ms. Tasini 43 confirmed that there is no definition, however several other planned development areas have 44 secondary envelopes and the practice is such that staff can borrow the language and apply similar 45 standards in the Mira Flores Precise Plan. 46 Planning Commission March 22, 2023 meeting Exhibit 3, Page 2 of 11 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 3 1 Ms. Fong also noted that the Planning Commission may make recommendations to the Town 2 Council defining this secondary building envelope and include those activities or structure such 3 as pools, spas, BBQs, open air gazebos, tool sheds, and other similar landscape features outside 4 of the primary residential building envelope. 5 6 Chair Williams said she understands that because changes were made to the gazebo, this led to 7 the application to address it. She asked if staff entertained any other ways of dealing with the 8 secondary building envelope. 9 10 Ms. Fong stated the applicants proposed having a secondary building envelope in order to permit 11 the enclosed gazebo building and staff supported this approach. Ms. Tasini added that because 12 this is a planned development area it would be the most logical application for staff to look at 13 which would allow for the property owner to develop within another part of their yard and within 14 the same specifications others in Planned Development Areas and or Precise Plans are permitted 15 to do within the secondary envelope. 16 17 Chair Williams called upon the applicant for a presentation. 18 19 Michael Heckman, architect, said he and the owners have reviewed this in detail and believe 20 their application has validity. They are sympathetic to what the original development was meant 21 to be. It was also respectful of what the neighbors’ issues might be. He was not the architect of 22 record when the previous owner developed the open air gazebo, and when the owner (applicant) 23 was made aware that the structure was not in compliance with local regulations, the owner 24 pursued a solution to the issue. It determined by the owner and town staff that applying for an 25 amendment to the planned development to create a secondary envelope is the best approach to 26 remedy the situation. 27 28 He then presented a slide show and displayed the Parcel Map for the area, stating “Lot 6 in 29 question which is larger than others, sizes of different parcels’ lot areas, Lot 7 to the east, Lot 5 30 on the western side which is slightly smaller, the subdivision scheme for the property, the 3 lots 31 at a much larger scale, the area where they wish to create the secondary envelope, the envelope 32 areas as points of reference which seem to be tailored for the scale of the lot, how much of the 33 property is dedicated to the building envelopes for the lots, the same display of the properties 34 showing the building envelope, and the proposed secondary building envelope which they 35 believe is a small change and in proportion to the other envelopes on the parcels, and is an 36 acceptable area for a secondary envelope.” 37 38 Regarding issues raised by the property owner at 163 Avenida Miraflores, the total distance of 39 the secondary envelope to that building envelope is approximately 80 feet. It is a sizeable 40 distance and should provide a lot of separation for privacy and maintenance of open space for 41 this subdivision. He then displayed all properties with their areas shown, including the secondary 42 building envelope and presented a figure of the envelope of the original building area to the 43 secondary envelope on Lot 6 as compared to other properties adjacent to it. Lot 6 is not far from 44 the envelope in Lot 7. They believe it is respectful of the neighbors and provides a good solution 45 commensurate with what the original intentions of the subdivision. 46 Planning Commission March 22, 2023 meeting Exhibit 3, Page 3 of 11 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 4 1 Regarding the neighbors at 163 Avenida Miraflores, he presented a photo from the main 2 residence on Lot 6 at 165 Avenida Miraflores looking to the west, showing the distance and 3 vantage point between the two properties of 165 and 163 Avenida Miraflores. There is a lot of 4 vegetation between the two properties and he believes privacy is substantially preserved between 5 the two buildings. The final slide shows a photo from the gazebo looking at the residents at 163 6 and the spring vegetation will provide privacy between the two parcels. The view from the 7 primary residence is an existing difficult privacy issue for the 2 neighbors and the view from the 8 gazebo into the adjacent property is minimal in comparison. 9 10 He said they will need to go before the DRB after the Planning Commission’s review and 11 believes the envelope is respectful and addresses the issue about the gazebo. The gazebo is 4” 12 below the maximum height of 15’ and is the right solution to make the gazebo formalized and 13 properly processed. He was available for questions of Commissioners. 14 15 Chair Williams referred to the slide showing the secondary building envelope graphic. Having 16 been at the property today, the genesis was changes made to the gazebo, and the applicant has 17 designed the secondary envelope around that gazebo. She asked if they looked at any 18 possibilities of extending the envelope farther away from Lot 5 or any other configuration that 19 would still embrace the gazebo. 20 21 Mr. Heckman said the gazebo is dead center in this shape and the margin from it to the upper 22 boundary is like the margin on the lower side. The other thing they considered once they saw the 23 letter from the owners at 163 Avenida Miraflores is that it is possible this line could move away 24 from this parcel and still preserve the gazebo as part of the secondary envelope. The owners of 25 this property and the gazebo’s only objective is to formalize the gazebo and make sure it is 26 proper and legal. 27 28 Chair Williams wondered if it is the best envelope to the extent there were other things that need 29 to happen to the accessory building to have it relate to the primary residence in terms of design 30 and access. Or, she wondered if this is only to legalize something that probably should not have 31 occurred in the first place. She is looking at the broader long-term land use issues having seen it 32 while visiting the property today. Not wanting to set a precedent for legalization of structures by 33 developing additional buildable areas to accommodate more. 34 35 Mr. Heckman said he knows the ADU issue is becoming much more important and the State is 36 pushing this as an option, but they have not considered that as part of what this secondary 37 envelope would accommodate. It could, but the owners have no intention to build anything else 38 and want to be sure the gazebo is accommodated properly. If there is an ADU it should be up 39 behind the residence and not in a side yard. 40 41 Chair Williams commented that property owners and plans sometimes change, and she wanted 42 some insight into the envelope placement. She asked whether an ADU would fall under the 43 secondary envelope. 44 45 Planning Commission March 22, 2023 meeting Exhibit 3, Page 4 of 11 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 5 Ms. Tasini clarified that State law will override any primary or secondary envelopes. There could 1 be an ADU with minimum 4’ rear and 4’ side setbacks, and some of the new legislation has to do 2 with flexibility in front yard setbacks and heights. Therefore, the secondary envelope would not 3 be a constraint if the applicant decided to build an ADU because of State law, and any of these 4 lots will be able to build an ADU in the rear of the structure if they meet the Town’s 5 development standards, and the lot itself would not constrain it. The ADU would also not need to 6 go through a design review process. The ministerial process includes development standards 7 through the Building Department which must be complied with when developing an ADU. 8 9 Chair Williams opened the public hearing. 10 11 Firuze Hariri, said she is the owner of 163 Avenida Miraflores; Lot 5. She referred to her letter 12 and said this proposed plan will impact their privacy. From their bedrooms they can see right 13 through their gazebo area which they have enclosed illegally and now are planning to keep it that 14 way by expanding their envelope. Her understanding is that once they expand their envelope, 15 they could keep the building as a gazebo which was supposed to be open space and now it is a 16 room with windows, sliding doors, which she is trying to stop. 17 18 She has no objection for them to expand their envelope but would like the applicant to move it 19 toward the back of the lot where there is a lot of space or move it closer to their primary building 20 rather than expanding it right to her property line. She also asked and confirmed that in the 21 future they could build other enclosed spaces within their envelope which would create 22 additional problems. The applicant mentioned that they call it a gazebo right now or “storage 23 space” but these types of spaces normally do not have a sliding door and a window and she is 24 opposed to legalizing it. 25 26 Vice Chair Amir asked if Ms. Hariri’s objection is to the fact there is a gazebo there or is it more 27 towards the secondary envelope. 28 29 Ms. Hariri replied it is the location of the gazebo. If the applicant wants to move the gazebo to a 30 higher location where it would stay as a gazebo and not as a habitable room which it is right 31 now, she has no objection to it and they could put it on the other side. 32 33 Chair Williams said to clarify, it no longer truly is a gazebo but a small structure. Ms. Hariri 34 agreed and said it is a room right now. 35 36 Commissioner Defever asked how Ms. Hariri felt about it when it was still a gazebo. 37 38 Ms. Hariri said it was fine. It was an open space and they only had a roof and 4 pillars to hold the 39 roof. If they removed the walls, she would be supportive. However, right now it bothers her that 40 it is a living space or room where someone could live or stay whereas a gazebo is only visited for 41 a few hours during good weather. 42 43 Rebuttal – Applicant 44 45 Planning Commission March 22, 2023 meeting Exhibit 3, Page 5 of 11 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 6 Mr. Heckman said the gazebo, whether it is a storage building, an out building, or a shed still has 1 a valid purpose on this part of the property. What is more relevant to the discussion is the proper 2 distance between 2 buildings which is at least 80 feet which is quite generous. There is an 3 elevation change as well which creates more visual separation of distance. 4 5 He thinks they have done a proper job of defining a good secondary envelope to make sure the 6 gazebo is given the kind of relevant use. As a storage unit it is in a good location, convenient to 7 the house, and he has never seen any clarification as to where their bedrooms are located or if 8 there is some visual connection, either photographically between their bedrooms and this 9 building. Therefore, he does not see the issue. 10 11 Chair Williams asked if Mr. Heckman visited the property next door, and Mr. Heckman said no, 12 he did not visit 163 Mira Avenida Miraflores. 13 14 Chair Williams said she and Commissioner Defever had an opportunity to visit both properties 15 today which was very helpful. There was work done without the proper review or permits. She 16 knows there was no intention to build any additional structures now and she asked if there is an 17 intention to complete the current state of the structure, given there is exposed wood and no 18 finishings on the structure. 19 20 Mr. Heckman said it will be finished out and will look like it is part of a development for the 21 house with similar finishes, similar color, and it will look accessory to the main house. The DRB 22 will get into those kinds of details and the Building Department will require all pertinent 23 weather-proofing and roofing, and it will be built to high quality standards. He said the owners 24 realized they made a huge mistake by moving ahead with this simple improvement they did not 25 realize was not legal, but they do want to legalize it, make it look good, and make some use of 26 the space. 27 28 Chair Williams closed the public hearing. 29 30 Commissioner Defever said she has photos of their visit today and as Mr. Heckman pointed out, 31 if you have not seen the view from Lot 5 it is quite surprising. She distributed the photo down to 32 fellow Commissioners, and Ms. Tasini asked Commissioner Defever to email Ms. Fong copies 33 of the photos for the record. 34 35 Commissioner Defever opened the photo of the view from the adjacent property at 163 Mira 36 Avenida Flores. The useable yard is right in front of the home. The windows on the side of the 37 home are all bedrooms, with Lot 5 facing Lot 6, and various photos of a deck off a bedroom on 38 Lot 5 looks out across the yard towards Lot 6, looking directly at the gazebo. 39 40 She said Lot 5’s useable backyard is deceiving because much of the backyard is a ravine and 41 much of the area is not used, but the useable space of the backyard has some fruit trees in it right 42 outside the deck from the bedroom and then it faces the current structure that used to be a gazebo 43 next to Lot 6. She was quite surprised because from Lot 6 it really looks like there would be no 44 issue for the homeowner of Lot 5 given its screening. But when going to the Lot 5 house the 45 structure pops out and looks like those in it can look inside their windows. 46 Planning Commission March 22, 2023 meeting Exhibit 3, Page 6 of 11 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 7 1 Commissioner Defever said under secondary building envelopes they are seeking to create 2 something that does not exist yet. She noted tool sheds, BBQs, and gazebos are allowed, but she 3 asked what is not allowed and asked for any limits on what the Commission might be deciding. 4 5 Ms. Tasini said the Town does have planned developments where it is very specific as to what 6 can go into a primary and a secondary envelope. Sometimes, pools are not allowed in the 7 secondary but only the primary envelope. Sometimes it is landscape features she does not have 8 anything specific outlined for this development. 9 10 The Commission could look at this secondary envelope and say this can only be used for these 11 accessory purposes such as landscaping, tool sheds, storage, pottery studios, but no additional 12 residential space. The only part that might not work is if someone wanted to propose an ADU in 13 a secondary envelope as there is not much she can do about that. But, with respect to expanding 14 the primary residence into a secondary envelope it would not be permitted because it is only 15 allowed for accessory uses. 16 17 Mr. Flushman added that the Commission does have the ability to restrict what can be built in 18 this area and provide guidance. Also, the Commission is not approving the secondary building 19 envelope but rather making a recommendation to the Town Council. 20 21 Vice Chair Amir said if the applicant wanted an ADU, he asked if they could propose one in this 22 spot without going through design review. Ms. Tasini replied, yes. 23 24 Chair Williams asked and confirmed with Ms. Tasini that the applicant could propose an ADU 25 anywhere even if they did not have this secondary envelope designated for themselves, provided 26 they met the standards allowed within the ADU ordinance. 27 28 Mr. Flushman agreed they would have to meet the standards and staff has not reviewed what it 29 would take to meet that for this lot nor is that before the Commission tonight. 30 31 Commissioner Defever asked and confirmed with Mr. Flushman that TMC Section 16.52.060 is 32 what governs the PDP. Within that section there are principles the Commission would want to 33 consider for approving, denying, or modifying an application which would be what the 34 Commission would do if they condition this application. The Commission would not necessarily 35 be telling the DRB how to process an application but rather giving limitations or restrictions on 36 the conditions. 37 38 Ms. Tasini said what is before the Commission is the proposed boundary which the Commission 39 will recommend or not to the Town Council for it to be used as a secondary envelope and, within 40 that area the proposed or existing gazebo is located. With respect to the design of the gazebo, this 41 would go before the DRB provided it was greater than 500 square feet, however the design is not 42 before the Commission tonight. 43 44 Planning Commission March 22, 2023 meeting Exhibit 3, Page 7 of 11 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 8 Chair Williams said the reason they are struggling is because it feels like a bad precedent. A 1 structure was built, it had illegal improvements made to it, and now the Commission is trying to 2 remedy the issue. This is part of the reason they want to be sure to think about it and talk about 3 it. Honestly having been on site, the view from the primary residence looks like Lot 5 is so far 4 away. But when going to the residence on Lot 5 it feels like it is right there. It is just 2 very 5 different perspectives and it is sort of shockingly or surprisingly so. 6 7 Vice Chair Amir said in a way, the Commission is dealing with bad behavior to start with and 8 now needs to deal with something that was illegally built. He apologized for not being able to 9 see Lots 5 and 6 from both sides. One question is whether the structure should stay in the same 10 place or not and secondly, the envelope. 11 12 He thinks that even though the applicant put walls around the gazebo, the structure has been 13 there for quite a while. It is somewhat unreasonable to move it to a different location and he does 14 not think the envelope is the issue here. It is really the issue that Lot 5 sees the structure. But, as 15 a condition to the Town Council and the fact that they are looking at something that is 80 feet 16 away, several things could be done vegetatively by Lot 6 to block the structure’s view, and the 17 DRB will deal with the landscaping and approval. 18 19 Chair Williams agreed this is a tricky situation and she thinks no one acted in bad faith. She does 20 find herself agreeing with Vice Chair Amir that there is quite a bit of distance. There will be 21 improvements to the current structure to match the character of the primary residence and 22 character of the neighborhood, and she thinks the Commission should consider some 23 recommendations to the Council to provide clarification that they are considering landscaping 24 and minimal improvements be permitted in this secondary building envelope. 25 26 The alternative is not to approve this and have a landowner that is not in compliance return the 27 gazebo back to its original openness. Again, they are talking about 80 feet and landscaping can 28 accomplish quite a lot to protect privacy and fortunately both homes are wonderful homes with 29 incredible primary views of the Bay, and none of that is impacted. Therefore, she thinks the 30 Commission should provide clarification as to what is allowed with staff guidance. 31 32 Commissioner Defever echoed comments and asked for anything they can do to allay the valid 33 concerns of the neighbor on Lot 5. She can completely understand why it is vulnerable to her 34 bedroom and they believe people can see or watch them. She grew up in wide open space and 35 they lived there because they did not want anyone to be able to see into the windows of their 36 house. In Tiburon, there are many homes close to one another, but that does not mean it is right 37 for this neighbor to feel as if her privacy is compromised. 38 39 People have purchased their lots and homes with certain expectations of privacy and these are 40 not unreasonable expectations. It is a huge lot with lots of vegetation on it. She would support 41 coming up with a compromise to assist the neighbor, as she wants to protect their feeling of 42 privacy. She also agrees with fellow Commissioners that it does not make sense to have the 43 structure moved or torn down. 44 45 Planning Commission March 22, 2023 meeting Exhibit 3, Page 8 of 11 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 9 What the structure is now is a fitness room and she asked if this is something that is typically 1 allowed in secondary building envelopes or not. 2 3 Ms. Fong commented that for the primary and secondary building envelops in this precise plan 4 and on these lots, there is an area called “TLE” which is Top of Landscape Envelope. In this 5 Precise Plan area there are restrictions for vegetation height in landscape proposals. It is a 6 measure to protect views. She understands there may be the intent to require landscaping to 7 preserve privacy but there are other restrictions. 8 9 Vice Chair Amir asked if the DRB could determine a different restriction. Ms. Fong said there is 10 a maximum grade elevation under TLE of 250’, which means all vegetation cannot exceed that 11 grade elevation. Mr. Flushman added that is grade elevation measuring above sea level. 12 13 Vice Chair Amir said he thinks this is something they could indicate to the Town Council and 14 could provide that guidance to the DRB. 15 16 Chair Williams said there is currently a lot of vegetation out there. Some of the trees are dying 17 on Lot 5 but there is enough vegetation that with tweaks and improvements could do a lot to 18 mitigate any view and privacy impacts, which could comply with the PDP. 19 20 To Commissioner Defever’s point, they have seen the PDP and there are many references 21 articulated in it to retaining the open visual appearance of the neighborhood and open views. 22 This was not just specific to protecting the primary Bay views. This was a neighborhood 23 articulation designed for the neighborhood to feel very open and airy. 24 25 Mr. Flushman commented that part of the principles were preserving some of those things as 26 well, so that is why the PDP would end up like that. 27 28 Commissioner Defever asked if it was okay to have a gym in a secondary building envelope. Ms. 29 Tasini said staff would consider that an accessory structure. There are plenty of these accessory 30 structures in secondary building envelopes used as gyms, offices and other additional spaces, 31 which are not residential, so that would not be unusual. 32 33 Chair Williams said she thinks they are reaching consensus to approve this with some additional 34 recommendation to the Town Council that they approve it and ask that the Commission be 35 explicit as to what is allowed within the secondary building envelope. They have talked about 36 studios, landscaping, sheds, BBQs, etc., and she does not think there is anything beyond that. 37 38 Vice Chair Amir and Commissioner Defever agreed. 39 40 Mr. Flushman asked if Ms. Fong understands what the guidance to the Council is and suggested 41 articulating the findings. 42 43 Planning Commission March 22, 2023 meeting Exhibit 3, Page 9 of 11 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 10 Chair Williams said she thinks it might not be a bad idea to have something brought back with 1 the benefit of staff’s thinking in terms of would they want to see in this community. She would 2 be in favor of this based on discussions in the form of a resolution. She thinks all Commissioners 3 can find it categorically exempt from CEQA. 4 5 Ms. Tasini asked and confirmed the Commission is directing staff to bring back a resolution and 6 not recommending any action to the Town Council, given Commissioners want to see some of 7 the specifics of what they would propose to be permitted within the secondary envelope, with the 8 primary concern being privacy considerations and the spirit of the Miraflores Precise Plan to 9 retain the open views and open character of the neighborhood. Also, the Commission proposes 10 continuing the matter to March 22, 2023, with direction to staff to return with a resolution. 11 12 Mr. Flushman suggested the motion should include the things that are allowed in secondary 13 building envelopes. 14 15 Ms. Tasini said what staff normally sees in secondary building envelopes is just an “accessory 16 structure” as opposed to delineating it as a fitness studio or gym or an office, etc. Otherwise, in 17 some ways it creates another layer of enforcement. If it is an accessory structure that is not 18 residential, cannot be lived in, would not be a full residence, then this is what is normally seen 19 within these secondary envelopes as well as landscaped areas, steps and stairs, BBQs, and garden 20 retreats. 21 22 Vice Chair Amir asked if they can condition it to say there will not be another accessory 23 structure in that envelope. This might be something they would not want. If this is not clear, he 24 thinks it should be in the resolution. 25 26 Chair Williams agreed they would want to add that strong guidance. 27 28 Ms. Tasini said the Commission is not precluded from saying “one accessory structure”. 29 30 Vice Chair Amir noted the owner might not be the owner in 10 years. 31 32 Chair Williams said when some PDPs are very specific and others are not, this PDP clearly 33 wants to preserve this open character and it did not anticipate secondary building envelops at all. 34 Therefore, this is why she wants to give staff the opportunity to check how this compares to 35 other PDPs. Staff might return and say it does not make sense and it will be more confusing. 36 37 Ms. Tasini said she thinks they can provide some guidance and said some of the PDPs do have 38 secondary building envelopes that are very specific as to what you can and cannot do. She asked 39 Ms. Fong if there were any other ones that limit the number of accessory structures. 40 41 Planning Commission March 22, 2023 meeting Exhibit 3, Page 10 of 11 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 11 Ms. Fong said normally for PDP areas that do not have specific guidelines and definitions of 1 accessory structures, staff would refer to regular zoning. How the regular zoning development 2 standards work is that it must comply with height, lot coverage, and floor area maximums of the 3 lot. If these outbuildings meet those maximum allowable gross floor area and lot coverage for 4 the parcel then it could be allowed to exist inside the building envelope. She has seen other PDPs 5 that have a maximum square footage number for outbuildings and thinks this is what the 6 Commission is asking for. 7 8 Ms. Tasini said then they are talking about what could happen in a secondary building envelope, 9 not what the development standards might be. She thinks the Commission is looking for a 10 maximum square footage or maximum number of accessory structures and a definition of what 11 the accessory structures can be or are. Commissioners agreed. 12 13 ACTION: M/S/C (William/Amir) to continue the matter to March 22, 2023 to allow staff time to 14 revise the resolution to incorporate additional guidance for the Town Council that takes into 15 consideration privacy protection and the Miraflores Precise Plan goals. Roll Call Vote: 3-0-1; 16 Tsai recused; Woodward absent. 17 18 ADJOURNMENT 19 20 The meeting was adjourned at 7:55 p.m. to the March 22, 2023 Planning Commission meeting. 21 22 23 24 _________________________________ 25 ERICA WILLIAMS, CHAIR 26 Tiburon Planning Commission 27 ATTEST: 28 29 __________________________________________ 30 DINA TASINI, SECRETARY 31 32 Planning Commission March 22, 2023 meeting Exhibit 3, Page 11 of 11 Photos shared by Commission Defever Planning Commission meeting on 3/8/2023 Planning Commission March 22, 2023 meeting Exhibit 4, Page 1 of 4 Photos shared by Commission Defever Planning Commission meeting on 3/8/2023 Planning Commission March 22, 2023 meeting Exhibit 4, Page 2 of 4 Photos shared by Commission Defever Planning Commission meeting on 3/8/2023 Planning Commission March 22, 2023 meeting Exhibit 4, Page 3 of 4 Photos shared by Commission Defever Planning Commission meeting on 3/8/2023 Planning Commission March 22, 2023 meeting Exhibit 4, Page 4 of 4 1606 Juanita Lane Suite C-6 Tiburon California 94920 415 435 2446 KeFNPannarFKiteFtVFoP plot date revisions © 2023 Michael D. Heckmann AIA no.date / name drawing number PLANNING SUBMITTAL 14 FEBRUARY 2023 PR E C I S E D E V E L O P M E N T P L A N A M E N D M E N T TH E S H A M I R R E S I D E N C E 16 5 A V E N I D A M I R A F L O R E S , T I B U R O N , C A 9 4 9 2 0 A. P . # 0 3 9 - 2 6 1 - 0 6 Project Directory architectural 1. A0.1 COVER & DATA SHEET 2. SURVEYOR SHEET 1: BOUNDARY & TOPOGRAPHIC SURVEY 3. SURVEYOR SHEET 2: LOT & BUILDING ENVELOPE EXHIBIT 3. A1.0 SITE PLAN WITH REVISED BUILDING ENVELOPE owner THE SHAMIR FAMILY 165 Avenida Miraflores Tiburon, California 9492- Sheet Index Project 165 Avenida Miraflores Tiburon, California7+( S+$MI5 5(SID(1C( 165 Avenida Miraflores Tiburon, California 94920 CODES: A. 2019 CALIFORNIA BUILDING CODE (CBC) B. 2019 CALIFORNIA RESIDENTIAL CODE (CRC) C.2019 CALIFORNIA ELECTRICAL CODE (CEC) D. 2019 CALIFORNIA PLUMBING CODE (CPC) architect MICHAEL HECKMANN AIA 1606 Juanita Lane Suite C-6 Tiburon, California 94920 415-435-2446 phone heckmannarchitects@earthlink.net EXISTING TOTAL FLOOR AREA 2,620 SQ. FT. BUILDING FOOTPRINT AREA 2,745 SQ. FT. TOTAL LOT COVERAGE AREA LOT COVERAGE FLOOR AREA (HABITABLE) GAZEBO FLOOR AREA 9.3%PERCENTAGE OF LOT AREA 214 SQ. FT. GAZEBO (0.7% LOT AREA) E. 2019 CALIFORNIA MECHANICAL CODE (CMC) F. 2019 CALIFORNIA ENERGY CODE (CEC) G. 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN) H. TOWN OF TIBURON MUNICIPAL CODE Project Info & Design Compliance ZONING: RPD OCCUPANCY GROUP: R-3 (RESIDENCE), U (GARAGE) CONSTRUCTION TYPE: VB DENSITY: SINGLE FAMILY RESIDENTIAL UNIT WUI: Y FLOOD ZONE: NO LOT AREA: 31,664 S4. FT. General Notes 1.OWNERSHIP OF DRAWINGS AND SPECIFICATIONS AS INSTRUMENTS OF SERVICE ARE THE PROPERTY OF MICHAEL HECKMANN A.I.A. ARCHITECT. 2.THESE PLANS ARE NOT INTENDED TO SHOW THE METHOD AND MEANS OF EXECUTION OF THE WORK. THAT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR. 3.CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE CURRENT EDITION OF THE CALIFORNIA TITLE 24 BUILDING CODE & BUILDING ENERGY EFFICIENCY STANDARDS AS ADOPTED BY THE GOVERNING AGENCY. IT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO ENSURE FULL COMPLIANCE. 4.ARCHITECT SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OF INFORMATION CONTAINED IN OWNER-SUPPLIED DOCUMENTS. 5.IT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO REVIEW AND FAMILIARIZE HIMSELF WITH THE CONTRACT DRAWINGS AND SPECIFICATIONS, AND SITE CONDITIONS PRIOR TO COMMENCING WITH CONSTRUCTION. IF ANY CONFLICT EXISTS BETWEEN PORTIONS OF THE CONTRACT DOCUMENTS AND/ OR ANY EXISTING SITE CONDITIONS, IT SHALL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO CONTACT THE ARCHITECT PRIOR TO EXECUTION. 6.THESE DRAWINGS SHALL NOT BE SCALED. ALL WORK SHALL BE GOVERNED BY THE DIMENSIONS INDICATED ON THE DRAWINGS. ANY DISCREPANCIES SHALL BE BROUGHT TO THE ATTENTION OF THE CONTRACTOR AND ARCHITECT. ALL DIMENSIONS RELATING TO THE EXISTING CONDITIONS SHALL BE VERIFIED BY THE CONTRACTOR PRIOR TO COMMENCING THE WORK. 7.ANY WASTE MATERIALS SHALL BE CONSIDERED THE PROPERTY OF THE CONTRACTOR, UNLESS CLAIMED BY THE OWNER, AND SHALL BE DISPOSED OF AWAY FROM THE JOB SITE IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, AND FEDERAL REGULATIONS. 8.DURING CONSTRUCTION THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROLLING NOISE, ODORS, DUST, AND DEBRIS TO MINIMIZE IMPACTS ON SURROUNDING PROPERTIES AND ROADWAYS. 9.ALL SPECIAL INSPECTION AGENCIES/ INDIVIDUALS AND SHOP FABRICATORS SHALL BE APPROVED BY THE BUILDING DEPARTMENT PRIOR TO ANY WORK BEING PERFORMED. SUBMIT ALL DOCUMENTATION FOR APPROVAL. Symbols 1 A3.1 detail number column or datum grid lines sheet where detail is drawn A 3 datum point sheet where section is drawn building section, wall section revision number revisions, cloud around or interior elevation number 10 interior elevation number A3.1 A 3 A4.03 4 14 9 dimension surface to surface dimension to face of stud sheet where section is drawn 2'-4" 2'-4" horizontal hardwood interior left handlaminate (d) kitchen mechanical metal minimum maximum insulate (d), (tion) air conditioningheating/ventilation ac material (s) mounted not to scale over radius not in contract reference roof drain required room refrigerator similar sheathing section squarespeaker suspended structural standard tongue and groove stainless steel specification (s) rough opening revision (s), revised miscellaneous telephone television verticaltypical top of wall with water closetwithout vinyl tile top of finished surface top of curb ac hdwd horiz hvac int ins lamlh kit area drainadjacent between alternate aluminum above finished floor architect (ural) max mech mtl min blocking block building board ad aff adj alt archbtwn al bd bldg blk blkg mtd mtl nic o/ nts catch basin column clear drain concrete concrete masonry unit contract (or) construction ceiling r disposaldimension downspout damper drinking fountain demolish, demolition drawer drawing cb clrcmu col contr d constconc clg dem dfdimdisp dpr ds dwr dwg rd ref reqdrevrm refr elevation each exhaust equipmentequalemergency shth sim ro sec spec spkrsq sst std strsusp t&g exterior existing fire hose stationfire hose cabinet fire extinguisher furnished by others forced air unit floor (ing) fluorescent finish (ed) foundation ea elev eqequip exh emer fau fbo exist ext fe fhcfhs fin fluor flrfnd misc building standardb.s. tel face of finish tfs tv tow typvert w/w/owc vt fireplace footing general contract gage, guage face of wall face of stud galvanized header hose bib gypsum board drywall glass blockglass, glazing hardware fof fos fow fp gc ftg ga glbgv hb hdr gl gypbd hdwr tc face of columnfoc see civil engrs. drawingsscdsee energy calculationssec see struct. engnrs. dwg'sssd plate plywood plaster property line post-tensioned concrete precast concrete overflow scupper on center (s)oc os pccplp.l. plas plywd ptc Abbreviations Vicinity Map AP: 039-061-06 ADDRESS: 165 Avenida Miraflores, Tiburon, California A0.1 COVER & DATA SHEET ASSESSOR PARCEL MAP MAX. BUILDING HEIGHT - 30'-0" MAX. ACCESSORY BUILDING HEIGHT 12'-0" 214 SQ. FT. 2,959 SQ. FT. NEIGHBORHOOD BUILDING ENVELOPE CONTEXT civil engineer Oberkamper & Associates 7200 Redwood Blvd., Suite 308 Novato, CA 94945 TEL: (415) 897-2800 ext. 100 www.oberkamper.com AERIAL VIEW TOTAL FLOOR AREA 2,834 SQ. FT. PERCENTAGE OF LOT AREA 9.0% February 14, 2023 Planning Commission March 22, 2023 meeting Exhibit 5, Page 1 of 4 N24° 3 0 ' W 1 9 7 . 6 5 ' S4 6 ° 0 0 ' W 1 9 1 . 2 2 ' N55°00'W 2 0 5 . 5 8 ' S4 4 ° 3 0 ' W 1 0 3 . 9 6 ' S81 ° 3 0 ' W 1 3 . 8 0 ' S81 ° 3 0 ' W 8 . 2 0 ' N \\ I N F O \ D o c u m e n t s \ J o b s \ 2 0 2 2 \ 2 2 - 1 7 1 1 6 5 A v e n i d a M i r a f l o r e s , T i b u r o n - B o u n d a r y a n d T o p o \ D W G \ B A S E S \ 2 2 - 1 7 1 M a s t e r 2 0 2 2 - 1 2 - 2 0 . d w g , S H E E T 1 , 1 2 / 2 7 / 2 0 2 2 9 : 3 3 : 4 8 A M , D W G T o P D F . p c 3 Planning Commission March 22, 2023 meeting Exhibit 5, Page 2 of 4 S81°30'W 13.80'S81°30' W 8 . 2 0 ' N 5 5 ° 0 0 ' W 2 0 5 . 5 8 ' N 2 4 ° 3 0 ' W 1 9 7 . 6 5 ' S46°00' W 191.22' S 8 ° 3 0 ' E 1 1 3 . 6 1 ' S44°30'W 103.96' N 8 ° 3 0 ' W 7 7 . 0 0 ' 9 9 . 6 1 ' N44°30'E 37.56' N 8 1 ° 3 0 ' E 2 1 . 0 0 ' S8 1 ° 3 0 ' W 3 0 . 0 0 ' S8 1 ° 3 0 ' W 4 3 . 2 9 ' S 2 6 ° 3 0 ' E 1 6 . 0 0 ' S 1 8 ° 3 0 ' E 9 9 . 9 1 ' 1 4 . 0 0 ' S 8 ° 3 0 ' E 9 5 . 4 3 ' 2 5 . 0 4 ' N 4 5 ° 3 0 ' W 2 0 . 0 0 ' 1 5 . 5 0 ' 1 5 . 5 0 ' 13. 5 0 ' 13. 5 0 ' S 6 3 ° 5 9 ' 3 9 " E 6 0 . 0 0 ' S 1 4 ° 0 7 ' 1 0 " E 8 0 . 0 0 ' S8 1 ° 3 0 ' W 3 5 . 0 0 ' G A Z E B O B U I L D I N G E N V E L O P E A R E A = 3 , 7 6 3 S Q F T B U I L D I N G E N V E L O P E A R E A = 2 , 6 4 9 S Q F T S E C O N D A R Y B U I L D I N G E N V E L O P E A R E A = 3 , 7 1 2 S Q F T T O T A L L O T A R E A = 3 1 , 6 6 4 S Q F T H O U S E D E C K 1 S T S T O R Y S T A I R S S T A I R S P A T I O P A T I O 2 N D S T O R Y D E C K 1 S T S T O R Y P A T I O 2 N D S T O R Y D E C K S T A I R S P A T I O 2 5 " D I F O U N T A I N W A T E R F A L L W A L L S W A L L W A L L S W A L L W A L L S U T I L I T Y S T A I R S W A L L S W A L L S W A L L S W A L L S W A L L S W A L L S B E N C H S T A I R S P A T I O W A L K W A Y A C U N I T D E C K E L E C T R I C V A U L T C A B L E B O X C U R B L G S T A I R S C U R B L G C U R B L G C U R B L G AVENIDA MIRAFLORES SIDEWALKSIDEWALK SIDEWALK W A L L S W A L L G A T E G A T E R O C K P A R K I N G D R I V E W A Y T. 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E . 2 4 2 . 6 7 T.B . E . 2 5 2 . 6 7 T.B . E . T.B . E . 257 . 6 7 T.B. E . T.L.E. 252.67' T.L.E. 262.67' T.B.E. 264.67 T.L.E. 262.67' WALL ROCK PATHWAY EDGING ROCK PATHWAY EDGINGROCK PATHWAY EDGING ROCK PATHWAY EDGING ROCK PATHWAY EDGING ROCK PATHWAY EDGINGROCK PATHWAY EDGING EXISTING GAZEBO N24° 3 0 ' W 1 9 7 . 6 5 ' S4 6 ° 0 0 ' W 1 9 1 . 2 2 ' N55°00'W 20 5 . 5 8 ' S4 4 ° 3 0 ' W 1 0 3 . 9 6 ' S81 ° 3 0 ' W 1 3 . 8 0 ' S81 ° 3 0 ' W 8 . 2 0 ' WO O D F E N C E Residence 165 Avenida Miraflores A.P. 039-261-06 35 ' - 0 " 80 ' - 0 " 60'-0" 5'- 0 " NORTH SECONDARY BUILDING ENVELOPE WITH LANDSCAPE FEATURES & GAZEBO PRIMARY BUILDING ENVELOPE PROPOSED SECONDARY BUILDING ENVELOPE WITH LANDSCAPE FEATURES & GAZEBO = ELEV. 234.0' PRIMARY BUILDING ENVELOPE LEGEND 42'-9" 1 9 ' - 7 " 15' - 6 " 13 ' - 1 0 " 214 SQ. FT BUILDING FOOTPRINT 2,745 SQ. FT F.F . E L E V . 2 2 2 . 3 7 ' X ELEV. 219.0' X 7 1 ' - 1 1 " 112'-1" T.O. SECONDARY B.E. ELEV. 234.0' T.O. SECONDARY B.E. ELEV. 234.0' 1606 Juanita Lane Suite C-6 Tiburon California 94920 415 435 2446 KeFNPannarFKiteFtVFoP plot date revisions © 2023 Michael D. Heckmann AIA no.date / name drawing number PLANNING SUBMITTAL 14 FEBRUARY 2023 PR E C I S E D E V E L O P M E N T P L A N A M E N D M E N T TH E S H A M I R R E S I D E N C E 16 5 A V E N I D A M I R A F L O R E S , T I B U R O N , C A 9 4 9 2 0 A. P . # 0 3 9 - 2 6 1 - 0 6 A1.0 SITE PLAN W/ REVISED BUILDING ENVELOPE 1 SITE PLAN WITH REVISED BULDING ENVELOPE 1" = 1'-0" Planning Commission March 22, 2023 meeting Exhibit 5, Page 4 of 4 1 Firuze Hariri 163 Avenida Mira Flores Tiburon, Ca 94920 3/07/23 To: Kris Wyek: kwyek@townoftiburon.org Tiburon Planning Department Re: 165 Avenida Miraflores Secondary Building Envelope Expansion Request Hello Kris, We just had our spring tree trimming done over the weekend. Sadly, after the dead branches were removed, we realized the impact to our property from our neighbor’s proposal is much greater than we had previously believed. Attached are the raw images (not zoomed or photoshopped) of our three bedrooms, which all face the direction of our neighbor’s proposed expansion. I would like to invite all of the board members and Mr. Heckmann (architect) to pay us a visit before our next meeting to see it for themselves. I also would like to express that I am not opposing their expansion request, I am merely asking them to revise it so it will not have a negative impact to their neighbor. We are both blessed with such large parcels that could easily accomplish any expansion without imposing upon our neighbors. Attached please find a copy of their proposed new “Secondary Building Envelope” drawings with my suggestion in blue lines. As you can see, they can easily create a “Secondary Building Envelope” without intruding into any neighbor’s privacy. Attached, please find the drawing of the 2007 approved pergola at 165 Avenida Miraflores in which our new neighbor has recently (over one weekend, without a 3/20/23 Planning Commission April 26, 2023 meeting Exhibit 6, Page 1 of 13 2 permit) built it in to a room with windows and glass sliding doors. I am urging the board to have them remove what they have built illegally and revert it back to its original approved plan. Thank you, Firuze Hari Cc: cfong@townoftiburon.org sbonifacio@townoftiburon.org Planning Commission April 26, 2023 meeting Exhibit 6, Page 2 of 13 Planning Commission April 26, 2023 meeting Exhibit 6, Page 3 of 13 Planning Commission April 26, 2023 meeting Exhibit 6, Page 4 of 13 Planning Commission April 26, 2023 meeting Exhibit 6, Page 5 of 13 Planning Commission April 26, 2023 meeting Exhibit 6, Page 6 of 13 Planning Commission April 26, 2023 meeting Exhibit 6, Page 7 of 13 Planning Commission April 26, 2023 meeting Exhibit 6, Page 8 of 13 Planning Commission April 26, 2023 meeting Exhibit 6, Page 9 of 13 Sent from my iPad Planning Commission April 26, 2023 meeting Exhibit 6, Page 10 of 13 c, ft ,3r rt 1 iFy c y. t On G c k ta { l',r iJ,•` i y, c € n -` 1 c n A\ s7'.. Pir_ ems- IM! a lit TM,,, _`•:•' 2i' T . -a =r , WINDOWPANES ADD TOTHt,R00MLTKEATMOSPH.ERE , i of this pergola.The entire.structure-is tucked neatly into a mixed shrub and perennial border,making it a favorite garden getaway,;aswell as a place for the gardener to take a short break. Planning Commission April 26, 2023 meeting Exhibit 6, Page 11 of 13 A OEC 17 2097 PLANNING DiVISION OWN OF TIBURONCl lQell 040 Planning Commission April 26, 2023 meeting Exhibit 6, Page 12 of 13 From:Firuzé HaririTo:Kris WyekSubject:165 Avenida Miraflores proposed plan to create a new Secondary Building EnvelopeDate:Monday, March 20, 2023 9:26:55 PMAttachments:Letter to Tib Re 165 Miraflores 32023 pdf.pdf165 Avenida Miraflores - 2007 Permit Drawings File No. 707173 copy.pdf 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 Kris, Attached please find my letter opposing our neighbor's plan and its supporting documents. Thank you, Firuze Hariri Planning Commission April 26, 2023 meeting Exhibit 6, Page 13 of 13 Photo distributed by Applicant during the April 26, 2023, Planning Commission meeting EXHIBIT 5 TIBURON PLANNING COMMISSION APRIL 26, 2023 MINUTES NO. 1133 (DRAFT) PAGE 1 1 2 3 4 5 PLANNING COMMISSION MINUTES NO. 1133 (DRAFT) Special Meeting April 26, 2022 Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California 6 7 8 CALL TO ORDER AND ROLL CALL: 9 10 Chair Williams called the meeting to order at approximately 6:30 p.m. 11 12 Present: Chair Erica Williams; Vice Chair Daniel Amir, Commissioners Jeff Tsai, and Eric 13 Woodward 14 15 Absent: Commissioner Kathleen Defever 16 17 Staff Present: Community Development Director Dina Tasini; Senior Planner Christy Fong; 18 Assistant Town Attorney Mariam Sleiman 19 20 ORAL COMMUNICATIONS – None 21 22 COMMISSION AND STAFF BRIEFING – Director Tasini announced that on Saturday, April 23 29th from 10AM to 12 noon, the Town will hold an Open House for the General Plan in the 24 Council Chambers. This is just a charette with different stations. There will be no decisions made 25 at this meeting and it will be solely for information. 26 27 On May 10th, staff will be bringing the General Plan and Housing Element to the Planning 28 Commission for consideration for a recommendation to the Town Council. After that, on May 29 22nd the Town Council will hold a special meeting with the Commission’s recommendation and 30 action to certify the EIR and adopt the General Plan. 31 32 Chair Williams asked for the status of the mini cow issue. Ms. Tasini said they did not want to 33 put this item on the same agenda as the General Plan and Housing Element and it will be 34 scheduled for the following meeting on May 24th. 35 36 MINUTES 37 38 Consider adoption of the minutes from the March 8, 2022 meeting 39 40 Commissioner Tsai referred to page 6, line 13 which states, “163 Mira Avenida Miraflores” and 41 he requested removal of “Mira.” 42 43 Chair Williams referred to page 10, line 36, the last sentence should be revised to read, “Staff 44 might return and say it does not make sense to include specific recommendations in the 45 resolution, which may make the instructions more confusing.” 46 47 TIBURON PLANNING COMMISSION PAGE 2 ACTION: M/S/C (Amir/Williams) to approve the minutes of March 8, 2023, as amended. Roll 1 Call Vote: 2-0-1-2; Defever absent; Woodward and Tsai abstained. 2 3 ACTION ITEMS 4 5 AI-1 PLANNING COMMISSION REGULAR MEETING TIME – Consider providing 6 direction to staff on changing the Planning Commission regular meeting time. 7 8 Ms. Tasini stated when COVID came about, the Commission changed the time of their meeting 9 and held more virtual meetings and every meeting is a special meeting because it was not the 10 actual meeting time. As done with the DRB and Town Council, staff needs to officially bring 11 forward a resolution permanently changing the Planning Commission’s meeting time to 6:30 12 p.m. unless another time is considered. She provided the Commission the resolution which13 should become effective as of April 26th in the resolution, and she asked for any comments or 14 questions. 15 16 Chair Williams pointed out a typographical error in the resolution in the first paragraph which 17 states 7:30 p.m. and should be revised to state 6:30 p.m. 18 19 Assistant Town Attorney Sleiman asked and confirmed there is a staff report and resolution for 20 the item. She noted the staff report is not linked on the agenda on-line and it should be made 21 available to the public prior to voting on the matter. The staff report also indicates “to provide 22 direction” and not a resolution being adopted. Therefore, she suggested continuing the item. 23 24 Commissioner Tsai asked staff to prepare a resolution incorporating changes to the draft which 25 was circulated and the Commission can consider it at the next meeting. When the Commission 26 held its meetings during the pandemic at 7:30 p.m. he asked if this was the regular time or was it 27 a change in time. 28 29 Ms. Tasini stated the Commission used to meet at 7:30 p.m. and because of the virtual meetings 30 and the pandemic, they were allowed to change the time and did so to 6:30 p.m. via a resolution. 31 Now, in order to make it permanent, it must be changed via resolution. 32 33 Chair Williams asked staff to indicate the meeting time was changed from 7:30 p.m. to 6:30 p.m. 34 in the resolution. 35 36 Ms. Tasini asked for a motion to continue the item, and asked for any additional comments. 37 38 ACTION: M/S/C (Tsai/Amir) to continue the item regarding a resolution to change the meeting 39 time to the next Planning Commission meeting. Roll Call Vote: 4-0-1; Defever absent. 40 41 APRIL 26, 2023 MINUTES NO. 1133 (DRAFT) TIBURON PLANNING COMMISSION PAGE 3 PUBLIC HEARINGS 1 2 Chair Williams requested re-arranging the agenda to reverse the order of the public hearing items 3 to start with the ADU item and conclude with 165 Avenida Miraflores. 4 5 ACTION: M/S/C (William/Tsai) to re-arrange the agenda to hear PH-2 ahead of PH-1. Roll Call 6 Vote: 4-0-1; Defever absent. 7 8 PH-2 ADU AMENDMENT: Consider Town-initiated amendments to the Tiburon Municipal 9 Code, specifically to Title IV, Chapter 16 (Zoning). Proposed text amendments include: 10 11 •Amendments to definitions and to provisions contained in Section 16-52.100 regulating12 secondary (accessory) dwelling units.13 •Amendments to definitions and to provisions contained in Section 16-52.100 ((A)14 •Modifications to development standards related to front yard setbacks, maximum height15 and maximum size of junior accessory units to provide for ingress and egress, parking16 exceptions.17 18 The Planning Commission will review these modifications pursuant to AB 2221 and provide a 19 recommendation to the Town Council. (Continued from March 22nd, 2023 Planning 20 Commission Meeting.) 21 22 Director Tasini stated in February 2022 the Council adopted an ordinance for ADUs after it had 23 come to the Commission several times. Then, there were many bills that went forward to 24 approve some changes. In September, 2022 AB 2221 and SB 897 were signed into law. AB 2221 25 currently has no effect because it has been amended into the same statute that SB 897 is. 26 27 Tonight, the Commission will review changes SB 897 and she outlined changes proposed by 28 staff and HCD in the staff report. One has to do with height: 29 30 •“A height of 16 feet for a detached dwelling unit on a lot with an existing or proposed31 single-family dwelling unit”;32 •“A height of 18 feet for a detached accessory unit on a lot with an existing or proposed33 single-family or multi-family unit that is within one half of one mile walking distance of34 a major transit stop or a high quality transit corridor.” These are terms the Town has35 outlined in the Public Resources Code.36 •Additionally, “A local agency shall allow an additional 2 feet in height to accommodate a37 roof pitch on the accessory structure that is aligned with the roof pitch of the primary38 structure.”39 •“A height of 18 feet for a detached ADU on a lot with an existing or proposed multi-story40 dwelling unit.”41 •Lastly, “A height of 25 feet or the height limitation in a local zoning ordinance that42 applies to the primary dwelling unit, whichever is lower for an ADU that is attached to a43 primary dwelling unit.” This clause does not require a local agency to allow any ADUs to44 be greater than 2 stories.45 APRIL 26, 2023 MINUTES NO. 1133 (DRAFT) TIBURON PLANNING COMMISSION PAGE 4 •The front setback is saying the Town does not require it. There was a lot of discussion1 with respect to Planned Developments and front yard setbacks, but this is now precluding2 the Town from doing that.3 •Restrictions on denials—If the Town denies an ADU, they need to put a full set of4 comments together that are showing those specific items and provide thorough review5 and comments as well as remedies on how you might be able to move forward.6 •A new configuration is required for the JADUs; that JADUs must be constructed within7 walls of a proposed or existing single-family dwelling. The Town has determined it is to8 include non-livable space within the primary dwelling, including garages. So, SB 8979 clarifies that interpretation was correct. This change is not substantive to what the Town10 is doing currently and, in addition, the law also clarifies that where a JADU shares a11 bathroom with the primary residence, the JADU must have an interior entry into the12 living area independent of the exterior entrance(s).13 •Staff also had to add various definitions for objective design standards as well as some14 other additional definitions.15 16 Ms. Tasini stated there is a typographical error in Tables 1 and 2 where it states, “More than one 17 bedroom” and it should say “1,000 square feet” and not “1,200.” She was available for questions 18 and said the Commission is being asked to review the item and adopt the resolution to approve 19 the ordinance changes to Section 6.52.100 of the TMC. 20 21 Commissioner Tsai referred to Tables 1 and 2, Exhibit 1, Table 1 on page 4, and asked and 22 confirmed that it should say “The total area of floor space shall not exceed 1,000” as opposed to 23 “1,200.” And, the same change applies to the detached ADU. 24 25 Commissioner Tsai referred to Table 2 on page 4 where it states “ADU type more than 1 26 bedroom” what is listed is 1,200 square feet, and Ms. Tasini confirmed this should say 1,000 as 27 well as above in Table 1. 28 29 Commissioner Tsai asked and confirmed this was a typographical error in what they originally 30 approved. 31 32 Chair Williams referred to the Objective Design Standards definition, it looks like there is extra 33 verbiage on page 2, Exhibit 1, she thinks it should say “Objective design standards mean 34 standards that involve no personal or subjective judgement” and there are extra words. She also 35 thinks “judgement” is misspelled. 36 37 Commissioner Tsai asked if the term used in the document is objective design “standard” or 38 “standards”. Ms. Tasini stated it should be used with an “s” or plural. Commissioner Tsai 39 suggested then it should state “objective design standards means standards involving no 40 personal….” 41 42 Chair Williams stated the resolution refers to March 22nd which should be updated, and Ms. 43 Tasini concurred. 44 45 APRIL 26, 2023 MINUTES NO. 1133 (DRAFT) TIBURON PLANNING COMMISSION PAGE 5 Chair Williams opened the public hearing, and there were no speakers. She closed the public 1 hearing. 2 3 Commissioner Tsai asked if Ms. Tasini has any additional background as to what the basis was 4 for the legislation that requires these changes now. 5 6 Ms. Tasini said she did not know exactly but she would imagine it is to continue to facilitate and 7 make it easier for people to come in and develop ADUs. As jurisdictions begin to process these, 8 some of these issues came up. So, this is an answer to them, or some may not have had 9 definitions. Heights were always something people wrestled with, as well. 10 11 Commissioner Tsai agreed and said it increases the permissible height, and Ms. Tasini said 12 sometimes when looking at a single-story structure, some people might want more volume and 13 then also with the whole roof pitch to match. So, these things would make it more streamlined to 14 create more housing opportunities. 15 16 Commissioner Tsai said the red lines appear consistent with what the legislation otherwise 17 requires, and based on the staff report there is nothing that appears to be subjective on the 18 Commission’s part in terms of what they are proposing to add, so he voiced support. 19 20 Chair Williams, Vice Chair Amir and Commissioner Woodward agreed, as well. 21 22 ACTION: M/S/C (Tsai/Woodward) to find the proposed amendments are exempt from CEQA 23 pursuant to Section 15282, subsection H of the CEQA guidelines; and move to adopt the 24 attached resolution recommending approval to the Town Council of various zoning text 25 amendments, with the following changes: 1) revise the resolution meeting date to April 26, 2023; 26 2) In Exhibit 1 on page 2, revise A-9 to read, “Objective design standards means standards27 involving no personal or subjective judgement by a public official.” 3) On page 4, Exhibit 1 in28 both Tables 1 and 2, change “Under more than one bedroom ADU type, under ADU floor area,29 change 1,200 to 1,000 square feet.” Roll Call Vote: 4-0-1; Defever absent.30 31 PH-1 165 AVENIDA MIRAFLORES: Request to Amend the Miraflores Precise Plan (PD 32 #21) to Create a New Secondary Building Envelope for Lot 6 on a RPD (Residential 33 Planned Development) zoned property that would legalize the as-built accessory building 34 and allow potential development of accessory structures and landscape improvement; File 35 No. PDPA2022-002; Ehud and Sharon Shamir, Owners/Applicants; Assessor’s Parcel 36 No. 039-261-06. (Continued from March 8th, 2023 and March 22nd, 2023 Planning 37 Commission Meetings.) 38 39 Recusal: 40 Commissioner Tsai recused himself from participating in the matter due to the proximity of his 41 residence to 165 Avenida Miraflores, and he left the meeting. 42 43 Senior Planner Christy Fong gave the staff report and overview regarding amendment of the 44 Miraflores Precise Plan to create a new secondary building envelope for Lot 6 on a RPD zoned 45 APRIL 26, 2023 MINUTES NO. 1133 (DRAFT) TIBURON PLANNING COMMISSION PAGE 6 property that would legalize the as-bult accessory building and allow potential development of 1 accessory structures and landscape improvements. 2 3 The Planning Commission previously expressed support of the proposed Precise Plan 4 amendment at the last meeting and requested staff to propose conditions that would specify what 5 is allowed within the secondary building envelope, which are listed in Exhibit 1 of the staff 6 report. 7 8 Michael Heckmann, architect, said the owners are proposing a secondary building envelope to 9 allow the authorization and formalization of an existing gazebo which has been on the property 10 for a long time. The current owners believe it would be more beneficial to have a structure with 11 an enclosure rather than an open air gazebo. He gave a PowerPoint presentation and displayed a 12 photograph of 3 referenced properties, the edge of the existing envelope for the main building, 13 the gazebo, almost 110 feet from the neighbor at 163 Avenida Miraflores to where the gazebo is 14 located, Lot 6 which is a large property, confirmed the neighbors can see into each other’s 15 properties, and he said the envelope is restrictive enough to allow the gazebo to exist but not to 16 grow or build another structure. Elements are very low in scale, and if approved, they would be 17 heard by the DRB. The gazebo will have finishes matching the main residence. 18 19 Mr. Heckmann then presented photos taken a few months ago showing it is possible to look from 20 the owner’s property to the adjacent property which has been the condition since both purchased 21 their properties. He displayed views from the gazebo to the adjacent property, and pointed to 22 photos showing the dense foliage between the two homes. 23 24 Chair Williams said in the staff memo staff pointed to principles for Precise Development Plans, 25 and many seem to relate to design review. Section 16-52.060(e) shows a reference to protecting 26 primary views which she understands to mean views of the bay and view corridors and asked 27 Mr. Heckmann what the differences are between these two. 28 29 Ms. Tasini said in this instance, 163, 165 and 167 Avenida Miraflores. If they look at 167 as to 30 whether this gazebo has any impact to sight or view, they have not heard this to be the case, so 31 that would be the view corridor. With respect to a primary view, this relates to waterways and 32 bridges. So, in this instance she did not know they consider it in the same way as much as some 33 questions by the neighbor at 163 about privacy. 34 35 Mr. Heckmann said his client’s view is out in this direction and they have another view which is 36 toward the City. He visited the neighbor at 163 Avenida Miraflores last month, walked through 37 their house, and stepped out of the rooms of the rear of the house. It seems clear to him that the 38 views of that house are directed toward the City or to the south. The bedrooms are not view-39 oriented per se. They each have a door to the backyard, but he does not think it is a view issue at 40 all. The doors to the garden are not enormous and the trees provide an incredible amount of 41 foliage separation and have given it the privacy necessary that might be needed for 163 Avenida 42 Miraflores. 43 44 He then presented more photographs and pointed to another gazebo window view and the foliage 45 is starting to fill in. When he visited the site, he took a series of photos creating a panoramic. He 46 APRIL 26, 2023 MINUTES NO. 1133 (DRAFT) TIBURON PLANNING COMMISSION PAGE 7 was not able to provide this in the slide show, but he has some prints he provided the 1 Commission and staff. There is a wider view from the rear of the property and the view to 165 is 2 just a small element of it. Those trees in that part of the garden have recently been pruned and 3 last year about the same time filled in quite rapidly, so there will not be a great visual connection 4 between these two properties or between 163 and the gazebo, given the natural vegetation. The 5 large tree has not been pruned at all and there would be a great view out in that direction if it 6 was. 7 8 Chair Williams said she visited the site and neighbor’s property before the most recent pruning. 9 To the extent this moves forward and ultimately to the DRB she does not recall if there is space 10 on the applicant’s property for landscaping to further mitigate privacy issues. 11 12 Mr. Heckmann said yes, there is at least 30 feet for more vegetation. He is aware of the letter 13 from the neighbor a month ago and he does not agree with the basic elements she proposes and 14 the change to the envelope she thought might be acceptable. They want to stay with their original 15 proposal and have that approved tonight. 16 17 Commissioner Woodward said he missed the last meeting but read through the minutes and 18 visited the property. He knows the gazebo has been there for a long time and he asked what was 19 the process of then going from the gazebo to the exercise studio and starting the build on that 20 process without getting permits. 21 22 Mr. Heckmann said he was not around when this was going on. Clearly, it was a decision his 23 clients made and thought it was harmless and on a part of the property that was private enough it 24 would be no consequence to anybody. So, they did not have the knowledge this whole process 25 was required. 26 27 Sharon Shamir, owner, 165 Avenida Miraflores, said what led them to close the gazebo was 28 when they bought the property it is so windy and they cannot enjoy it and sit there. They tried to 29 close it in various ways but they flew away and did not even think about a permit. They put in 30 sliding doors and it is not a living unit. It has work out equipment in it and they use it about 4 31 times a week for 30 minutes to an hour. 32 33 Commissioner Woodward asked if the plan then was to finish it to look like the house. Ms. 34 Shamir said yes, but they got a Stop Order and this is what it looks like as a result when they 35 stopped working on it. 36 37 Chair Williams opened the public comment period. 38 39 Firuze Hariri, owner of 163 Avenida Miraflores, referred to her last letter regarding the proposal. 40 She would like the applicants to consider revising it or doing something to ensure their privacy is 41 maintained. The gazebo looks right into their bedroom and the problem is that they will use it as 42 a room. They have 3 bedrooms facing the gazebo and this is a privacy and noise issue. When 43 they talk in the gazebo they hear them clearly and vice versa, so all she is asking her neighbor to 44 do is to provide privacy. She proposes they move the envelope further up and she pointed to an 45 area she drew on a map to move the gazebo up, which she thinks would provide them with more 46 APRIL 26, 2023 MINUTES NO. 1133 (DRAFT) TIBURON PLANNING COMMISSION PAGE 8 space to use and with a better view. Alternatively, they can plant some tall trees on their property 1 to block the gazebo from their view. 2 3 She heard Mr. Heckmann request that they should do the planting but there is a huge drop from 4 their property to the gazebo area, so no matter what type of trees they plant in their yard it will 5 not block the gazebo. They must plant something within about 5 feet from the gazebo area to 6 provide privacy. 7 8 Rebuttal – Applicant 9 10 Sharon Shamir, owner, said the privacy issue is something they all face. Their neighbor from 167 11 can see inside her bedroom. She put up blinds and she closes them because they live very close 12 to their house. This unit is quite a distance from Ms. Hariri’s house and they do not want to look 13 into anyone’s house. From her kitchen, she can see inside Ms. Hariri’s bedroom. Their house is 14 higher than Ms. Hariri’s house and can see everything. She does not think she should block her 15 view in front of the windows that face the water. It is 110 feet from her house which is far away. 16 17 Mr. Heckmann added that if it is a privacy issue, the DRB will address this in detail and it will be 18 remedied then. His only recommendation about who plants what was so she could make sure the 19 plantings were healthy and thriving. Regarding the terrain, there is a ravine in between the two 20 properties along the property line, so it drops off from both properties. There is no simple 21 solution but window coverings are a good solution. 22 23 Chair Williams closed the public hearing, and returned to Commissioner deliberation. 24 25 Commissioner Woodward said he appreciative of the minutes, thinks this is an unfortunate 26 situation because in his opinion he thinks much of this was brought about because the applicant 27 did construction without getting permits and effectively having the neighbors notified. It 28 probably was exacerbated over time with a structure that was less appealing to any party. He is 29 sure that caused additional issues around it. 30 31 It seems like as an open air gazebo structure it was inconsequential and so potentially moving it 32 if they were intending to build it out could have been addressed before. Now, there has been 33 money spent and development time and effort, which makes it more challenging. At the end of 34 the day, he does not think that is the Commission’s purview but just his perspective that had this 35 been handled through normal channels they would not be here tonight having this discussion. He 36 is interested in getting the legal perspective as to how they look to interpret this, but he does 37 recognize with all of the new recently passed State laws, there are many ways they could get 38 around this. They could split the lot, build an ADU, and put something more extensive there if 39 they ultimately wanted to. 40 41 He visited the property at 163 Avenida Miraflores and saw the view from that perspective. Even 42 though it is 110 feet, it felt much closer and because it is on the same level, he can understand the 43 privacy impact. He also thinks it is very challenging to plant that area because the ravine is 44 incredibly steep on both sides. He knows from the DRB’s purview and experience, you cannot 45 force a neighbor to plant things on their property to protect another’s privacy. He would then 46 APRIL 26, 2023 MINUTES NO. 1133 (DRAFT) TIBURON PLANNING COMMISSION PAGE 9 circle back to the staff report’s perspective and would like to hear from his fellow 1 Commissioners. 2 3 Chair Williams said one of the things the Commission is supposed to take into consideration 4 with regards to Precise Development Plans is landscaping which she had understood to be 5 landscaping by the applicant. This goes back to the Precise Development Plan principles of 6 protecting the overall feel. In this development, there is a lot of emphasis on preserving open 7 space corridors and it is supposed to have a different feel from other communities. Otherwise, 8 she does not know what to do with that principle if it is not relevant to the Commission in any 9 way. 10 11 Ms. Tasini explained that in general, staff would look to the landscaping piece in the DRB phase. 12 13 Chair Williams said if there was commentary in the record that the Planning Commission thinks 14 that the DRB should consider landscaping by the applicant, this is what she is wondering about. 15 16 Commissioner Woodward clarified that they cannot force the neighbor to plant it on their 17 property, but the applicant could plant it on their own property. 18 19 Chair Williams said she does not think anyone acted in bad faith, but as a Commission they do 20 not want to necessarily encourage this type of activity where people are doing things and then 21 they are rewarded for doing something without getting the proper permits. So, they wanted to 22 look at this and not set bad precedent. The secondary building envelope is designed around this 23 new structure. If this were an applicant coming to her and taking away the gazebo specific 24 situation she is looking at it more broadly the community, the Precise Development Plan, and 25 those goals. It is very helpful in the staff memo to have the other revisions and what others have 26 done in the community so they can better understand what has happened. The Precise 27 Development Plan says in this area they want open spaces, primary views, view corridors, and all 28 of that to be protected so this is relevant to whatever happens at the DRB level. 29 30 Under normal circumstances, given the distances from the house and the sizes of these lots and 31 the primary views oriented towards the bay and headlands which is outward in the other 32 direction of this home, it is a large view corridor and the gazebo is not ideal but there is more to 33 this view corridor. Therefore, in this instance, given the positioning and overall context, she 34 would be inclined to approve this request. She thinks the DRB will have an opportunity to look 35 at this more closely and look at specific impacts and mitigations and she would encourage them 36 to do that. 37 38 She voiced appreciation of the staff’s work to look at what other property owners have done and 39 to put in some specific guidelines and clarity within the resolution which are all very good points 40 she can agree with. 41 42 Vice Chair Amir said he appreciates staff returning with great work and expanding the 43 Commission’s request from March 8th. This elaborated many issues that came up then. The way 44 he sees it is that their job on the planning side is more to look at the overall envelope and less on 45 the design itself of how this gazebo is going to look if they approve it or not. There is a role here 46 APRIL 26, 2023 MINUTES NO. 1133 (DRAFT) TIBURON PLANNING COMMISSION PAGE 10 of the DRB and he thinks many of these issues can be addressed by them. Regarding the 1 envelope change proposed by the neighbor at 163, he does not think the blue line changes the 2 issue of place and he was not sure it makes it better necessarily, and at the end of the day, one 3 thing to consider is if this is not approved the applicant could return with a proposal of an ADU 4 and probably get it approved a lot easier and it could have a much worse impact on the neighbor 5 at 163, given the new laws. 6 7 He thinks privacy is an issue for each neighbor here, but given this new construction, privacy 8 should be considered and not necessarily something to grandfather in but needs to be addressed. 9 So, he thinks given the distance here there is enough room on the property of 165 to create 10 enough foliage that could be 5 to 7 feet away from the gazebo which will absolutely help the 11 neighbors’ privacy at 163. He does not think it is a reasonable request to ask the Hariri’s to plant 12 anything and the cost should fall on the applicant in their yard. These issues will be addressed 13 by the DRB and he truly believes there are many instances where the DRB will require putting in 14 a certain number of trees, sizes of trees, maturity, and other things to help address privacy. 15 Therefore, he is supportive of the request, despite the fact he is not wild about grandfathering in 16 the situation, but it is somewhat unreasonable to ask the applicant to move the gazebo elsewhere. 17 18 Chair Williams noted there is Commission consensus to move forward for recommending 19 conditional approval and hopefully the DRB will take the Commission’s comments into 20 consideration. 21 22 ACTION: M/S/C (William/Amir) to determine the project is exempt from CEQA; conclude that 23 the proposed secondary building envelope would be consistent with the intent of the Miraflores 24 Precise Plan; and adopt the draft Resolution, as revised, recommending conditional approval of 25 the amendment to the Town Council. Roll Call Vote: 3-0-1-1; Tsai recused, Defever absent. 26 27 ADJOURNMENT 28 29 The meeting was adjourned at 8:20 p.m. to the May 10, 2023 Planning Commission meeting. 30 31 32 _________________________________ 33 ERICA WILLIAMS, CHAIR 34 Tiburon Planning Commission 35 ATTEST: 36 37 __________________________________________ 38 DINA TASINI, SECRETARY 39 40 APRIL 26, 2023 MINUTES NO. 1133 (DRAFT) EXHIBIT 6 TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Members of the Planning Commission From: Christy Fong, Senior Planner Subject: 165 Avenida Miraflores; File No. PDPA2022-002; Request to amend the Miraflores Precise Plan (PD #21) to create a new Secondary Building Envelope for Lot 6 on a RPD (Residential Planned Development) zoned property that would legalize the as-built accessory building and allow potential development of accessory buildings and landscape improvement; Assessor’s Parcel No. 039-261-06 PROJECT DATA ADDRESS: 165 AVENIDA MIRAFLORES ASSESSOR’S PARCEL NUMBER: 039-261-06 FILE NUMBER: PDPA2022-002 LOT SIZE: 31,664 SQUARE FEET ZONING: RPD (RESIDENTIAL PLANNED DEVELOPMENT) PRECISE PLAN: MIRAFLORES PRECISE PLAN (PD #21) - 1975 GENERAL PLAN: ML (MEDIUM LOW DENSITY RESIDENTIAL) CURRENT USE: SINGLE-FAMILY RESIDENTIAL PROPERTY OWNER/APPLICANT: EHUD AND SHARON SHAMIR PROPOSAL The applicants propose to amend the Miraflores Precise Plan for property located at 165 Avenida Miraflores. The amendment seeks to create a secondary building envelope on the site in order to legalize an as-built accessory building that is currently located outside of the existing building envelope. The newly created secondary building envelope will allow potential development of accessory buildings and landscape improvement in the future, which may be subject to a separate design review process. The proposed secondary building envelope is approximately 3,712 square feet in area locating on the west side of the property. The proposed secondary building envelope has a top elevation of 234’ above sea level, where the maximum height allowed for any accessory structures shall not exceed 15’. The perimeter of the subject property will remain as a landscape envelope that only permits vegetation and landscaping. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Planning Commission Meeting March 8, 2023 Agenda Item: PH-1 Planning Commission Meeting March 8, 2023 TOWN OF TIBURON PAGE 2 OF 3 BACKGROUND The Miraflores Precise Plan was originally approved in 1975. The house on this site was approved in 1977 and constructed shortly thereafter. In 2007, the Site Plan and Architectural Review application was approved (File #707173) to construct a landscape pergola below the existing rear yard terrace on the left (west) side of the primary residence. The pergola was approved as an open-air trellis structure. Over time, there have been various improvements made to the structure including a solid roof, enclosed walls, glass doors and windows. The proposed secondary building envelope is to legalize this as-built accessory structure at this location. A separate Site Plan and Design Review application is required for the design of the as-built accessory structure. At this time, the property owners have no future plans to construct new structures within the newly created secondary building envelope. ANALYSIS Project Design The existing house at 165 Avenida Miraflores is situated close to the front property line. The proposed precise plan amendment would create a secondary building envelope on the west side of the property, which is currently occupied by various landscape improvements with existing retaining walls, pathways, stairway and landings, terraced patios and decks. As noted, the property owner is intended to legalize the as-built, approximately 214 square foot, accessory structure with the creation of a new secondary building envelope. The property owners have no plans of any future improvements that would be located in the new secondary building envelope. The existing as-built accessory structure and any future development within the newly created secondary building envelope would be reviewed through the Town’s design review process. The proposed secondary building envelope appears to offer adequate separation from other existing homes in the immediate vicinity and is not highly visible from public street. Existing vegetation and fencing will also provide some visual buffer of any improvements in the newly created secondary building envelope. Compliance with the Miraflores Precise Plan The building envelopes established by the Miraflores Precise Plan were designed to allow adequate space for the development, while creating a more naturalized landscape area around each parcel. The proposed secondary building envelope would allow the property owners more area to enjoy their property with potential accessory buildings and landscape improvements that are typically found in the backyards of single-family residences. The perimeter of the subject property will remain as a landscape envelope. The overall size of the proposed secondary building envelope is generally consistent with other building envelopes in the Miraflores subdivision. General Plan Consistency The proposed project has been reviewed for consistency with the Tiburon General Plan and with the requirements of the Tiburon Zoning Ordinance regarding precise plan amendments. Land Use Element Policy LU-13 states that “Neighborhood character, which is defined by the Planning Commission Meeting March 8, 2023 TOWN OF TIBURON PAGE 3 OF 3 predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible.” As noted previously, the proposed secondary building envelope would appear to be consistent with the intent of the Miraflores Precise Plan to retain the open visual appearance of the site. Any improvements within the newly created secondary building envelope would be subject to the Town’s design review process. The proposed secondary envelope would not appear to create view or privacy impacts for neighboring properties and would be consistent with the open views which characterize the surrounding neighborhood. ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject applications are categorically exempt from the requirements of CEQA per Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. PUBLIC COMMENT As of the date of this report, no letters have been received regarding the subject application. FUTURE ACTIONS REQUIRED The Planning Commission’s action on this project would be in the form of a recommendation of approval to the Town Council or a denial by the Commission. If the precise plan amendment is approved, future site improvements would require Site Plan and Architectural Review approval and Building Permits. If denied, the action of the Commission would be final unless appealed to the Town Council. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing on this item and hear and consider all testimony, and 2. If the Commission concludes that the proposed secondary building envelope would be consistent with the intent of the Miraflores Precise Plan, the Commission should adopt the draft resolution (Exhibit 1) recommending conditional approval of the amendment to the Town Council. EXHIBITS 1. Draft Resolution 2. Application form and supplemental materials, received on October 13, 2022, and revised on January 11, 2023 3. Submitted plans, prepared by Heckmann Architects, received on February 14, 2023 Exhibit 1 TIBURON PLANNING COMMISSION RESOLUTION NO. 2023-XX MARCH 8, 2023 1 RESOLUTION NO. 2023-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF AN AMENDMENT TO THE MIRAFLORES PRECISE PLAN (PD #21) TO CREATE A SECONDARY BUILDING ENVELOPE ON PROPERTY AT 165 AVENIDA MIRAFLORES (LOT 6) ASSESSOR PARCEL NO. 039-261-06 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. On October 13, 2022, the Town has received and considered a Precise Development Plan Amendment application (PDPA2022-002) filed by Ehud and Sharon Shamir for an amendment to the Miraflores Precise Plan (PD #21) to create a secondary building envelope at 165 Avenida Miraflores (Lot 6). The application consists of the following: 1. Application form and supplemental materials, dated October 13, 2022, as revised on January 11, 2023; and 2. Project Plan, prepared by Heckmann Architects, received on February 14, 2023. B. The Planning Commission held a duly-noticed public hearing on March 8, 2023, and heard and considered testimony from interested persons. C. The Planning Commission finds that the project is exempt from the requirements of the California Environmental Quality Act per Sections 15305 of the CEQA Guidelines. D. The Planning Commission finds based upon application materials and analysis presented in the March 8, 2023, Staff Report, as well as visits to the site and testimony received from the applicant, that the project is consistent with the intent of the Miraflores Precise Plan. E. The Planning Commission finds the project to be consistent with the goals and policies of the Tiburon General Plan Land Use Element Policy LU-13, which states that “Neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible.” The proposed expanded building envelope would appear to be consistent with the intent of the Miraflores Precise Plan to retain the open visual appearance of the site. Section 2. Recommendation for Approval. Exhibit 1 TIBURON PLANNING COMMISSION RESOLUTION NO. 2023-XX MARCH 8, 2023 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the precise plan amendment creating a secondary building envelope at 165 Avenida Miraflores to the Town Council, subject to the following conditions: 1. The secondary building envelope for the property at 165 Avenida Miraflores shall be amended as reflected on the drawings labeled ‘Lot and Building Envelope Exhibit’, Sheet 2, prepared by Oberkamper & Associates Civil Engineers Inc. and ‘Site Plan w/ Revised Building Envelope’, Sheet A1.0, prepared by Heckmann Architects, received February 14, 2023. 2. This approval shall in no way alter other provisions of the Miraflores Precise Plan not specifically modified herein. PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on March 8, 2023 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: _______________________________ ERICA WILLIAMS, CHAIR TIBURON PLANNING COMMISSION ATTEST: _________________________________ DINA TASINI, SECRETARY Planning Commission March 8, 2023 meeting Exhibit 2, Page 1 of 3 1606 Juanita Lane, Suite C-6 Tiburon, CA 94920 Tel 415.435.2446 heckmannarchitects@earthlink.net www.heckmannarchitects.com 5 Jan 23 Response to Planning Dept review letter of Nov. 10, 2022 There currently exists a rectangular gazebo structure downslope of the main house family room and about 30 feet to the west. The gazebo was originally an open air trellis structure. Over time, there have been various improvements made to the structure including a roof for weather protection. In addition, framed walls with glass doors and windows were installed on the four sides. Owners’ intention with this application is to formalize the compliance and legality of this gazebo structure. We are proposing a Secondary Building Envelope that would include this garden structure. The owners have no future plans for any additional structures to be constructed in this new Secondary Building Envelope. In reviewing other nearby properties in this Miraflores subdivision, it is notable that this parcel is quite large in area when compared to the other parcels. It is also clear that the proportion of building envelope when compared to the total parcel area is actually relatively small. This would suggest that a larger building envelope would bring it more into a size that is more equitable to other properties. Other property data is now reflected in the plans include the Lot Area at 31,664 SF and the existing building Floor Area at 2620 SF. The existing and proposed building envelopes dimensions and bearings are now shown. The area of the two existing Primary Building Envelopes is 6412 SF and the area of the proposed Secondary Building Envelope is 3712 SF. All heights of existing and new building envelopes are now noted on the site plans. January 11, 2023 Planning Commission March 8, 2023 meeting Exhibit 2, Page 2 of 3 The proposed building envelope will not have a negative impact on its two closest neighbors to the east and west. The general slope of the terrain for these three parcels is down from east to west. This provides a natural offset of the buildings and living areas so that the uphill property always has an outlook over and not directing into the adjacent downhill property. In addition, these property owners over the years have installed significant landscaping to provide more visual separation. Finally, the orientation of the houses’ living spaces is to the primary view corridors which are toward the Bay and San Francisco in the southerly direction. Since the building envelopes have a main, long axis that is north-south, the focus on the southern view minimizes any views to the side or the westerly direction which might affect privacy. Planning Commission March 8, 2023 meeting Exhibit 2, Page 3 of 3 1606 Juanita Lane Suite C-6 Tiburon California 94920 415 435 2446 KeFNPannarFKiteFtVFoP plot date revisions © 2023 Michael D. Heckmann AIA no.date / name drawing number PLANNING SUBMITTAL 14 FEBRUARY 2023 PR E C I S E D E V E L O P M E N T P L A N A M E N D M E N T TH E S H A M I R R E S I D E N C E 16 5 A V E N I D A M I R A F L O R E S , T I B U R O N , C A 9 4 9 2 0 A. P . # 0 3 9 - 2 6 1 - 0 6 Project Directory architectural 1. A0.1 COVER & DATA SHEET 2. SURVEYOR SHEET 1: BOUNDARY & TOPOGRAPHIC SURVEY 3. SURVEYOR SHEET 2: LOT & BUILDING ENVELOPE EXHIBIT 3. A1.0 SITE PLAN WITH REVISED BUILDING ENVELOPE owner THE SHAMIR FAMILY 165 Avenida Miraflores Tiburon, California 9492- Sheet Index Project 165 Avenida Miraflores Tiburon, California7+( S+$MI5 5(SID(1C( 165 Avenida Miraflores Tiburon, California 94920 CODES: A. 2019 CALIFORNIA BUILDING CODE (CBC) B. 2019 CALIFORNIA RESIDENTIAL CODE (CRC) C.2019 CALIFORNIA ELECTRICAL CODE (CEC) D. 2019 CALIFORNIA PLUMBING CODE (CPC) architect MICHAEL HECKMANN AIA 1606 Juanita Lane Suite C-6 Tiburon, California 94920 415-435-2446 phone heckmannarchitects@earthlink.net EXISTING TOTAL FLOOR AREA 2,620 SQ. FT. BUILDING FOOTPRINT AREA 2,745 SQ. FT. TOTAL LOT COVERAGE AREA LOT COVERAGE FLOOR AREA (HABITABLE) GAZEBO FLOOR AREA 9.3%PERCENTAGE OF LOT AREA 214 SQ. FT. GAZEBO (0.7% LOT AREA) E. 2019 CALIFORNIA MECHANICAL CODE (CMC) F. 2019 CALIFORNIA ENERGY CODE (CEC) G. 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN) H. TOWN OF TIBURON MUNICIPAL CODE Project Info & Design Compliance ZONING: RPD OCCUPANCY GROUP: R-3 (RESIDENCE), U (GARAGE) CONSTRUCTION TYPE: VB DENSITY: SINGLE FAMILY RESIDENTIAL UNIT WUI: Y FLOOD ZONE: NO LOT AREA: 31,664 S4. FT. General Notes 1.OWNERSHIP OF DRAWINGS AND SPECIFICATIONS AS INSTRUMENTS OF SERVICE ARE THE PROPERTY OF MICHAEL HECKMANN A.I.A. ARCHITECT. 2.THESE PLANS ARE NOT INTENDED TO SHOW THE METHOD AND MEANS OF EXECUTION OF THE WORK. THAT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR. 3.CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE CURRENT EDITION OF THE CALIFORNIA TITLE 24 BUILDING CODE & BUILDING ENERGY EFFICIENCY STANDARDS AS ADOPTED BY THE GOVERNING AGENCY. IT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO ENSURE FULL COMPLIANCE. 4.ARCHITECT SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OF INFORMATION CONTAINED IN OWNER-SUPPLIED DOCUMENTS. 5.IT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO REVIEW AND FAMILIARIZE HIMSELF WITH THE CONTRACT DRAWINGS AND SPECIFICATIONS, AND SITE CONDITIONS PRIOR TO COMMENCING WITH CONSTRUCTION. IF ANY CONFLICT EXISTS BETWEEN PORTIONS OF THE CONTRACT DOCUMENTS AND/ OR ANY EXISTING SITE CONDITIONS, IT SHALL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO CONTACT THE ARCHITECT PRIOR TO EXECUTION. 6.THESE DRAWINGS SHALL NOT BE SCALED. ALL WORK SHALL BE GOVERNED BY THE DIMENSIONS INDICATED ON THE DRAWINGS. ANY DISCREPANCIES SHALL BE BROUGHT TO THE ATTENTION OF THE CONTRACTOR AND ARCHITECT. ALL DIMENSIONS RELATING TO THE EXISTING CONDITIONS SHALL BE VERIFIED BY THE CONTRACTOR PRIOR TO COMMENCING THE WORK. 7.ANY WASTE MATERIALS SHALL BE CONSIDERED THE PROPERTY OF THE CONTRACTOR, UNLESS CLAIMED BY THE OWNER, AND SHALL BE DISPOSED OF AWAY FROM THE JOB SITE IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, AND FEDERAL REGULATIONS. 8.DURING CONSTRUCTION THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROLLING NOISE, ODORS, DUST, AND DEBRIS TO MINIMIZE IMPACTS ON SURROUNDING PROPERTIES AND ROADWAYS. 9.ALL SPECIAL INSPECTION AGENCIES/ INDIVIDUALS AND SHOP FABRICATORS SHALL BE APPROVED BY THE BUILDING DEPARTMENT PRIOR TO ANY WORK BEING PERFORMED. SUBMIT ALL DOCUMENTATION FOR APPROVAL. Symbols 1 A3.1 detail number column or datum grid lines sheet where detail is drawn A 3 datum point sheet where section is drawn building section, wall section revision number revisions, cloud around or interior elevation number 10 interior elevation number A3.1 A 3 A4.03 4 14 9 dimension surface to surface dimension to face of stud sheet where section is drawn 2'-4" 2'-4" horizontal hardwood interior left handlaminate (d) kitchen mechanical metal minimum maximum insulate (d), (tion) air conditioningheating/ventilation ac material (s) mounted not to scale over radius not in contract reference roof drain required room refrigerator similar sheathing section squarespeaker suspended structural standard tongue and groove stainless steel specification (s) rough opening revision (s), revised miscellaneous telephone television verticaltypical top of wall with water closetwithout vinyl tile top of finished surface top of curb ac hdwd horiz hvac int ins lamlh kit area drainadjacent between alternate aluminum above finished floor architect (ural) max mech mtl min blocking block building board ad aff adj alt archbtwn al bd bldg blk blkg mtd mtl nic o/ nts catch basin column clear drain concrete concrete masonry unit contract (or) construction ceiling r disposaldimension downspout damper drinking fountain demolish, demolition drawer drawing cb clrcmu col contr d constconc clg dem dfdimdisp dpr ds dwr dwg rd ref reqdrevrm refr elevation each exhaust equipmentequalemergency shth sim ro sec spec spkrsq sst std strsusp t&g exterior existing fire hose stationfire hose cabinet fire extinguisher furnished by others forced air unit floor (ing) fluorescent finish (ed) foundation ea elev eqequip exh emer fau fbo exist ext fe fhcfhs fin fluor flrfnd misc building standardb.s. tel face of finish tfs tv tow typvert w/w/owc vt fireplace footing general contract gage, guage face of wall face of stud galvanized header hose bib gypsum board drywall glass blockglass, glazing hardware fof fos fow fp gc ftg ga glbgv hb hdr gl gypbd hdwr tc face of columnfoc see civil engrs. drawingsscdsee energy calculationssec see struct. engnrs. dwg'sssd plate plywood plaster property line post-tensioned concrete precast concrete overflow scupper on center (s)oc os pccplp.l. plas plywd ptc Abbreviations Vicinity Map AP: 039-061-06 ADDRESS: 165 Avenida Miraflores, Tiburon, California A0.1 COVER & DATA SHEET ASSESSOR PARCEL MAP MAX. BUILDING HEIGHT - 30'-0" MAX. ACCESSORY BUILDING HEIGHT 12'-0" 214 SQ. FT. 2,959 SQ. FT. NEIGHBORHOOD BUILDING ENVELOPE CONTEXT civil engineer Oberkamper & Associates 7200 Redwood Blvd., Suite 308 Novato, CA 94945 TEL: (415) 897-2800 ext. 100 www.oberkamper.com AERIAL VIEW TOTAL FLOOR AREA 2,834 SQ. FT. PERCENTAGE OF LOT AREA 9.0% February 14, 2023 Planning Commission March 8, 2023 meeting Exhibit 3, Page 1 of 4 N24° 3 0 ' W 1 9 7 . 6 5 ' S4 6 ° 0 0 ' W 1 9 1 . 2 2 ' N55°00'W 2 0 5 . 5 8 ' S4 4 ° 3 0 ' W 1 0 3 . 9 6 ' S81 ° 3 0 ' W 1 3 . 8 0 ' S81 ° 3 0 ' W 8 . 2 0 ' N \\ I N F O \ D o c u m e n t s \ J o b s \ 2 0 2 2 \ 2 2 - 1 7 1 1 6 5 A v e n i d a M i r a f l o r e s , T i b u r o n - B o u n d a r y a n d T o p o \ D W G \ B A S E S \ 2 2 - 1 7 1 M a s t e r 2 0 2 2 - 1 2 - 2 0 . d w g , S H E E T 1 , 1 2 / 2 7 / 2 0 2 2 9 : 3 3 : 4 8 A M , D W G T o P D F . p c 3 Planning Commission March 8, 2023 meeting Exhibit 3, Page 2 of 4 S81°30'W 13.80'S81°30' W 8 . 2 0 ' N 5 5 ° 0 0 ' W 2 0 5 . 5 8 ' N 2 4 ° 3 0 ' W 1 9 7 . 6 5 ' S46°00' W 191.22' S 8 ° 3 0 ' E 1 1 3 . 6 1 ' S44°30'W 103.96' N 8 ° 3 0 ' W 7 7 . 0 0 ' 9 9 . 6 1 ' N44°30'E 37.56' N 8 1 ° 3 0 ' E 2 1 . 0 0 ' S8 1 ° 3 0 ' W 3 0 . 0 0 ' S8 1 ° 3 0 ' W 4 3 . 2 9 ' S 2 6 ° 3 0 ' E 1 6 . 0 0 ' S 1 8 ° 3 0 ' E 9 9 . 9 1 ' 1 4 . 0 0 ' S 8 ° 3 0 ' E 9 5 . 4 3 ' 2 5 . 0 4 ' N 4 5 ° 3 0 ' W 2 0 . 0 0 ' 1 5 . 5 0 ' 1 5 . 5 0 ' 13. 5 0 ' 13. 5 0 ' S 6 3 ° 5 9 ' 3 9 " E 6 0 . 0 0 ' S 1 4 ° 0 7 ' 1 0 " E 8 0 . 0 0 ' S8 1 ° 3 0 ' W 3 5 . 0 0 ' G A Z E B O B U I L D I N G E N V E L O P E A R E A = 3 , 7 6 3 S Q F T B U I L D I N G E N V E L O P E A R E A = 2 , 6 4 9 S Q F T S E C O N D A R Y B U I L D I N G E N V E L O P E A R E A = 3 , 7 1 2 S Q F T T O T A L L O T A R E A = 3 1 , 6 6 4 S Q F T H O U S E D E C K 1 S T S T O R Y S T A I R S S T A I R S P A T I O P A T I O 2 N D S T O R Y D E C K 1 S T S T O R Y P A T I O 2 N D S T O R Y D E C K S T A I R S P A T I O 2 5 " D I F O U N T A I N W A T E R F A L L W A L L S W A L L W A L L S W A L L W A L L S U T I L I T Y S T A I R S W A L L S W A L L S W A L L S W A L L S W A L L S W A L L S B E N C H S T A I R S P A T I O W A L K W A Y A C U N I T D E C K E L E C T R I C V A U L T C A B L E B O X C U R B L G S T A I R S C U R B L G C U R B L G C U R B L G AVENIDA MIRAFLORES SIDEWALKSIDEWALK SIDEWALK W A L L S W A L L G A T E G A T E R O C K P A R K I N G D R I V E W A Y T. 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E . 2 4 2 . 6 7 T.B . E . 2 5 2 . 6 7 T.B . E . T.B . E . 257 . 6 7 T.B. E . T.L.E. 252.67' T.L.E. 262.67' T.B.E. 264.67 T.L.E. 262.67' WALL ROCK PATHWAY EDGING ROCK PATHWAY EDGINGROCK PATHWAY EDGING ROCK PATHWAY EDGING ROCK PATHWAY EDGING ROCK PATHWAY EDGINGROCK PATHWAY EDGING EXISTING GAZEBO N24° 3 0 ' W 1 9 7 . 6 5 ' S4 6 ° 0 0 ' W 1 9 1 . 2 2 ' N55°00'W 20 5 . 5 8 ' S4 4 ° 3 0 ' W 1 0 3 . 9 6 ' S81 ° 3 0 ' W 1 3 . 8 0 ' S81 ° 3 0 ' W 8 . 2 0 ' WO O D F E N C E Residence 165 Avenida Miraflores A.P. 039-261-06 35 ' - 0 " 80 ' - 0 " 60'-0" 5'- 0 " NORTH SECONDARY BUILDING ENVELOPE WITH LANDSCAPE FEATURES & GAZEBO PRIMARY BUILDING ENVELOPE PROPOSED SECONDARY BUILDING ENVELOPE WITH LANDSCAPE FEATURES & GAZEBO = ELEV. 234.0' PRIMARY BUILDING ENVELOPE LEGEND 42'-9" 1 9 ' - 7 " 15' - 6 " 13 ' - 1 0 " 214 SQ. FT BUILDING FOOTPRINT 2,745 SQ. FT F.F . E L E V . 2 2 2 . 3 7 ' X ELEV. 219.0' X 7 1 ' - 1 1 " 112'-1" T.O. SECONDARY B.E. ELEV. 234.0' T.O. SECONDARY B.E. ELEV. 234.0' 1606 Juanita Lane Suite C-6 Tiburon California 94920 415 435 2446 KeFNPannarFKiteFtVFoP plot date revisions © 2023 Michael D. Heckmann AIA no. date / name drawing number PLANNING SUBMITTAL 14 FEBRUARY 2023 PR E C I S E D E V E L O P M E N T P L A N A M E N D M E N T TH E S H A M I R R E S I D E N C E 16 5 A V E N I D A M I R A F L O R E S , T I B U R O N , C A 9 4 9 2 0 A. P . # 0 3 9 - 2 6 1 - 0 6 A1.0 SITE PLAN W/ REVISED BUILDING ENVELOPE 1 SITE PLAN WITH REVISED BULDING ENVELOPE 1" = 1'-0" Planning Commission March 8, 2023 meeting Exhibit 3, Page 4 of 4 Firuze Hariri 163 Avenida Mira Flores Tiburon, Ca 94920 FiruzeHariri@Yahoo.com 415-420-8300 3/07/23 To: Kris Wyek Tiburon Planning Department kwyek@townoftiburon.org Hello Kris, I am writing to you to express my objection to my neighbors’ request to create a new Secondary Building Envelop at 165 Avenida Miraflores. The original building envelops on both properties were set in place to protect each other’s privacy. The expansion of their existing envelope to where their gazebo is, will allow them to create a living space at that location. This will create a privacy issue for us since our bedrooms are all facing their gazebo directly. Thank you, Firuze Hariri Cc: cfong@townoftiburon.org sbonifacio@townoftiburon.org March 7, 2023 PH-1 EXHIBIT 7 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 1 PLANNING COMMISSION 1 MINUTES NO. 1132 2 Special Meeting 3 March 8, 2022 4 Town of Tiburon Council Chambers 5 1505 Tiburon Boulevard, Tiburon, California 6 7 8 CALL TO ORDER AND ROLL CALL: 9 10 Chair Williams called the meeting to order at approximately 6:30 p.m. 11 12 Present: Chair Erica Williams; Vice Chair Daniel Amir, Commissioners Kathleen Defever, 13 Jeff Tsai 14 15 Absent: Commissioner Eric Woodward 16 17 Staff Present: Community Development Director Dina Tasini; Senior Planner Christy Fong; 18 Assistant Town Attorney Eli Flushman 19 20 ORAL COMMUNICATIONS – None 21 22 COMMISSION AND STAFF BRIEFING – Director Tasini announced that an amended ADU 23 ordinance will be brought forward at the March 22nd meeting. The Ordinance will address AB 24 2221 and SB 897 requiring amendments to the existing Accessory Dwelling Unit Ordinance, as 25 well as the mini-cows conditional use permit. The Commission will also discuss the meeting 26 start times which need to be set through adoption of a resolution. 27 28 The Housing Element has begun its circulation with HCD for the second review. The period of 29 review is 90 days which began on February 16th, comments are expected back on May 1, 2023. 30 The General Plan 2040 EIR will begin circulation on March 16, 2023, for its 45-day period. 31 32 MINUTES 33 34 Consider adoption of the minutes from the November 9, 2022, meeting 35 36 ACTION: M/S/C (William/Tsai) to approve the minutes of November 9, 2022, as submitted. 37 Roll Call Vote: 4-0-1; Amir and Defever abstain; Woodward absent. 38 39 PUBLIC HEARINGS 40 41 PH-1 165 AVENIDA MIRAFLORES: Request to Amend the Miraflores Precise Plan (PD 42 #21) to Create a New Secondary Building Envelope for Lot 6 on a RPD (Residential 43 Planned Development) zoned property that would legalize the as-built accessory building 44 and allow potential development of accessory structures and landscape improvement; File 45 #PDPA2022-002; Ehud and Sharon Shamir, Owners/Applicants; Assessor’s Parcel No. 46 039-261-06 47 48 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 2 Recusal: 1 Commissioner Tsai recused himself from participating in the matter due to the proximity of his 2 residence to 165 Avenida Miraflores, and he left the meeting. 3 4 Senior Planner Christy Fong gave the staff report and overview regarding the request to create a 5 new secondary building envelope for Lot 6 in the Miraflores Precise Plan to legalize an existing 6 accessory building that has changed over the years, which is referred to as a gazebo by the 7 applicant. 8 9 The proposed secondary building envelope appears to meet the goals set forth in the Precise 10 Plan, with a maximum height elevation that restricts structures not to exceed 15’ tall. The 11 proposal will maintain the landscape envelope around the parcel. Staff received late mail which 12 was distributed to the Commission prior to the meeting from the abutting neighbor on the left or 13 west side of the project site. 14 15 Vice Chair Amir questioned the history of the gazebo in terms of the situation and if it is possible 16 “grandfather” the structure. 17 18 Ms. Fong replied the pergola was legally permitted at its current location in 2007 as an open-air 19 roofed structure with no weatherproofed walls. The owners converted the pergola into a gazebo, 20 an accessory building that has walls and a roof on it, which is not legally permitted without the 21 benefit of a permit and in this instance an amendment to the existing Precise Plan to create a 22 secondary building envelope. 23 24 Chair Williams said she and Commissioner Defever visited Lots 5 and 6. One thing that is not 25 clear to her was what type of an accessory structure or structures would be allowable within the 26 secondary building envelope. 27 28 Ms. Fong explained the accessory structure could be a tool shed, small structure, and landscape 29 features residence, no residential living spaces. Accessory structures would need to go through a 30 staff design review process depending upon the size of the accessory building, those structures 31 measuring greater than 500 square feet would need to receive approval through the Design 32 Review Board. 33 34 Commissioner Defever asked where is the secondary building envelope definition. 35 36 Ms. Fong said each Precise Plan has different language on what can be located within a 37 secondary building envelope. In the original Miraflores Precise Plan area where this parcel is 38 located, secondary building envelope were not included nor defined. The Commission can create 39 through this process a secondary building envelope and define what is permitted. 40 41 Commissioner Defever asked and confirmed with Ms. Tasini that a definition of a secondary 42 building envelopes does not exist and is not defined in the Miraflores Precise Plan. Ms. Tasini 43 confirmed that there is no definition, however several other planned development areas have 44 secondary envelopes and the practice is such that staff can borrow the language and apply similar 45 standards in the Mira Flores Precise Plan. 46 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 3 1 Ms. Fong also noted that the Planning Commission may make recommendations to the Town 2 Council defining this secondary building envelope and include those activities or structure such 3 as pools, spas, BBQs, open air gazebos, tool sheds, and other similar landscape features outside 4 of the primary residential building envelope. 5 6 Chair Williams said she understands that because changes were made to the gazebo, this led to 7 the application to address it. She asked if staff entertained any other ways of dealing with the 8 secondary building envelope. 9 10 Ms. Fong stated the applicants proposed having a secondary building envelope in order to permit 11 the enclosed gazebo building and staff supported this approach. Ms. Tasini added that because 12 this is a planned development area it would be the most logical application for staff to look at 13 which would allow for the property owner to develop within another part of their yard and within 14 the same specifications others in Planned Development Areas and or Precise Plans are permitted 15 to do within the secondary envelope. 16 17 Chair Williams called upon the applicant for a presentation. 18 19 Michael Heckman, architect, said he and the owners have reviewed this in detail and believe 20 their application has validity. They are sympathetic to what the original development was meant 21 to be. It was also respectful of what the neighbors’ issues might be. He was not the architect of 22 record when the previous owner developed the open air gazebo, and when the owner (applicant) 23 was made aware that the structure was not in compliance with local regulations, the owner 24 pursued a solution to the issue. It determined by the owner and town staff that applying for an 25 amendment to the planned development to create a secondary envelope is the best approach to 26 remedy the situation. 27 28 He then presented a slide show and displayed the Parcel Map for the area, stating “Lot 6 in 29 question which is larger than others, sizes of different parcels’ lot areas, Lot 7 to the east, Lot 5 30 on the western side which is slightly smaller, the subdivision scheme for the property, the 3 lots 31 at a much larger scale, the area where they wish to create the secondary envelope, the envelope 32 areas as points of reference which seem to be tailored for the scale of the lot, how much of the 33 property is dedicated to the building envelopes for the lots, the same display of the properties 34 showing the building envelope, and the proposed secondary building envelope which they 35 believe is a small change and in proportion to the other envelopes on the parcels, and is an 36 acceptable area for a secondary envelope.” 37 38 Regarding issues raised by the property owner at 163 Avenida Miraflores, the total distance of 39 the secondary envelope to that building envelope is approximately 80 feet. It is a sizeable 40 distance and should provide a lot of separation for privacy and maintenance of open space for 41 this subdivision. He then displayed all properties with their areas shown, including the secondary 42 building envelope and presented a figure of the envelope of the original building area to the 43 secondary envelope on Lot 6 as compared to other properties adjacent to it. Lot 6 is not far from 44 the envelope in Lot 7. They believe it is respectful of the neighbors and provides a good solution 45 commensurate with what the original intentions of the subdivision. 46 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 4 1 Regarding the neighbors at 163 Avenida Miraflores, he presented a photo from the main 2 residence on Lot 6 at 165 Avenida Miraflores looking to the west, showing the distance and 3 vantage point between the two properties of 165 and 163 Avenida Miraflores. There is a lot of 4 vegetation between the two properties and he believes privacy is substantially preserved between 5 the two buildings. The final slide shows a photo from the gazebo looking at the residents at 163 6 and the spring vegetation will provide privacy between the two parcels. The view from the 7 primary residence is an existing difficult privacy issue for the 2 neighbors and the view from the 8 gazebo into the adjacent property is minimal in comparison. 9 10 He said they will need to go before the DRB after the Planning Commission’s review and 11 believes the envelope is respectful and addresses the issue about the gazebo. The gazebo is 4” 12 below the maximum height of 15’ and is the right solution to make the gazebo formalized and 13 properly processed. He was available for questions of Commissioners. 14 15 Chair Williams referred to the slide showing the secondary building envelope graphic. Having 16 been at the property today, the genesis was changes made to the gazebo, and the applicant has 17 designed the secondary envelope around that gazebo. She asked if they looked at any 18 possibilities of extending the envelope farther away from Lot 5 or any other configuration that 19 would still embrace the gazebo. 20 21 Mr. Heckman said the gazebo is dead center in this shape and the margin from it to the upper 22 boundary is like the margin on the lower side. The other thing they considered once they saw the 23 letter from the owners at 163 Avenida Miraflores is that it is possible this line could move away 24 from this parcel and still preserve the gazebo as part of the secondary envelope. The owners of 25 this property and the gazebo’s only objective is to formalize the gazebo and make sure it is 26 proper and legal. 27 28 Chair Williams wondered if it is the best envelope to the extent there were other things that need 29 to happen to the accessory building to have it relate to the primary residence in terms of design 30 and access. Or, she wondered if this is only to legalize something that probably should not have 31 occurred in the first place. She is looking at the broader long-term land use issues having seen it 32 while visiting the property today. Not wanting to set a precedent for legalization of structures by 33 developing additional buildable areas to accommodate more. 34 35 Mr. Heckman said he knows the ADU issue is becoming much more important and the State is 36 pushing this as an option, but they have not considered that as part of what this secondary 37 envelope would accommodate. It could, but the owners have no intention to build anything else 38 and want to be sure the gazebo is accommodated properly. If there is an ADU it should be up 39 behind the residence and not in a side yard. 40 41 Chair Williams commented that property owners and plans sometimes change, and she wanted 42 some insight into the envelope placement. She asked whether an ADU would fall under the 43 secondary envelope. 44 45 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 5 Ms. Tasini clarified that State law will override any primary or secondary envelopes. There could 1 be an ADU with minimum 4’ rear and 4’ side setbacks, and some of the new legislation has to do 2 with flexibility in front yard setbacks and heights. Therefore, the secondary envelope would not 3 be a constraint if the applicant decided to build an ADU because of State law, and any of these 4 lots will be able to build an ADU in the rear of the structure if they meet the Town’s 5 development standards, and the lot itself would not constrain it. The ADU would also not need to 6 go through a design review process. The ministerial process includes development standards 7 through the Building Department which must be complied with when developing an ADU. 8 9 Chair Williams opened the public hearing. 10 11 Firuze Hariri, said she is the owner of 163 Avenida Miraflores; Lot 5. She referred to her letter 12 and said this proposed plan will impact their privacy. From their bedrooms they can see right 13 through their gazebo area which they have enclosed illegally and now are planning to keep it that 14 way by expanding their envelope. Her understanding is that once they expand their envelope, 15 they could keep the building as a gazebo which was supposed to be open space and now it is a 16 room with windows, sliding doors, which she is trying to stop. 17 18 She has no objection for them to expand their envelope but would like the applicant to move it 19 toward the back of the lot where there is a lot of space or move it closer to their primary building 20 rather than expanding it right to her property line. She also asked and confirmed that in the 21 future they could build other enclosed spaces within their envelope which would create 22 additional problems. The applicant mentioned that they call it a gazebo right now or “storage 23 space” but these types of spaces normally do not have a sliding door and a window and she is 24 opposed to legalizing it. 25 26 Vice Chair Amir asked if Ms. Hariri’s objection is to the fact there is a gazebo there or is it more 27 towards the secondary envelope. 28 29 Ms. Hariri replied it is the location of the gazebo. If the applicant wants to move the gazebo to a 30 higher location where it would stay as a gazebo and not as a habitable room which it is right 31 now, she has no objection to it and they could put it on the other side. 32 33 Chair Williams said to clarify, it no longer truly is a gazebo but a small structure. Ms. Hariri 34 agreed and said it is a room right now. 35 36 Commissioner Defever asked how Ms. Hariri felt about it when it was still a gazebo. 37 38 Ms. Hariri said it was fine. It was an open space and they only had a roof and 4 pillars to hold the 39 roof. If they removed the walls, she would be supportive. However, right now it bothers her that 40 it is a living space or room where someone could live or stay whereas a gazebo is only visited for 41 a few hours during good weather. 42 43 Rebuttal – Applicant 44 45 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 6 Mr. Heckman said the gazebo, whether it is a storage building, an out building, or a shed still has 1 a valid purpose on this part of the property. What is more relevant to the discussion is the proper 2 distance between 2 buildings which is at least 80 feet which is quite generous. There is an 3 elevation change as well which creates more visual separation of distance. 4 5 He thinks they have done a proper job of defining a good secondary envelope to make sure the 6 gazebo is given the kind of relevant use. As a storage unit it is in a good location, convenient to 7 the house, and he has never seen any clarification as to where their bedrooms are located or if 8 there is some visual connection, either photographically between their bedrooms and this 9 building. Therefore, he does not see the issue. 10 11 Chair Williams asked if Mr. Heckman visited the property next door, and Mr. Heckman said no, 12 he did not visit 163 Avenida Miraflores. 13 14 Chair Williams said she and Commissioner Defever had an opportunity to visit both properties 15 today which was very helpful. There was work done without the proper review or permits. She 16 knows there was no intention to build any additional structures now and she asked if there is an 17 intention to complete the current state of the structure, given there is exposed wood and no 18 finishings on the structure. 19 20 Mr. Heckman said it will be finished out and will look like it is part of a development for the 21 house with similar finishes, similar color, and it will look accessory to the main house. The DRB 22 will get into those kinds of details and the Building Department will require all pertinent 23 weather-proofing and roofing, and it will be built to high quality standards. He said the owners 24 realized they made a huge mistake by moving ahead with this simple improvement they did not 25 realize was not legal, but they do want to legalize it, make it look good, and make some use of 26 the space. 27 28 Chair Williams closed the public hearing. 29 30 Commissioner Defever said she has photos of their visit today and as Mr. Heckman pointed out, 31 if you have not seen the view from Lot 5 it is quite surprising. She distributed the photo down to 32 fellow Commissioners, and Ms. Tasini asked Commissioner Defever to email Ms. Fong copies 33 of the photos for the record. 34 35 Commissioner Defever opened the photo of the view from the adjacent property at 163 Mira 36 Avenida Flores. The useable yard is right in front of the home. The windows on the side of the 37 home are all bedrooms, with Lot 5 facing Lot 6, and various photos of a deck off a bedroom on 38 Lot 5 looks out across the yard towards Lot 6, looking directly at the gazebo. 39 40 She said Lot 5’s useable backyard is deceiving because much of the backyard is a ravine and 41 much of the area is not used, but the useable space of the backyard has some fruit trees in it right 42 outside the deck from the bedroom and then it faces the current structure that used to be a gazebo 43 next to Lot 6. She was quite surprised because from Lot 6 it really looks like there would be no 44 issue for the homeowner of Lot 5 given its screening. But when going to the Lot 5 house the 45 structure pops out and looks like those in it can look inside their windows. 46 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 7 1 Commissioner Defever said under secondary building envelopes they are seeking to create 2 something that does not exist yet. She noted tool sheds, BBQs, and gazebos are allowed, but she 3 asked what is not allowed and asked for any limits on what the Commission might be deciding. 4 5 Ms. Tasini said the Town does have planned developments where it is very specific as to what 6 can go into a primary and a secondary envelope. Sometimes, pools are not allowed in the 7 secondary but only the primary envelope. Sometimes it is landscape features she does not have 8 anything specific outlined for this development. 9 10 The Commission could look at this secondary envelope and say this can only be used for these 11 accessory purposes such as landscaping, tool sheds, storage, pottery studios, but no additional 12 residential space. The only part that might not work is if someone wanted to propose an ADU in 13 a secondary envelope as there is not much she can do about that. But, with respect to expanding 14 the primary residence into a secondary envelope it would not be permitted because it is only 15 allowed for accessory uses. 16 17 Mr. Flushman added that the Commission does have the ability to restrict what can be built in 18 this area and provide guidance. Also, the Commission is not approving the secondary building 19 envelope but rather making a recommendation to the Town Council. 20 21 Vice Chair Amir said if the applicant wanted an ADU, he asked if they could propose one in this 22 spot without going through design review. Ms. Tasini replied, yes. 23 24 Chair Williams asked and confirmed with Ms. Tasini that the applicant could propose an ADU 25 anywhere even if they did not have this secondary envelope designated for themselves, provided 26 they met the standards allowed within the ADU ordinance. 27 28 Mr. Flushman agreed they would have to meet the standards and staff has not reviewed what it 29 would take to meet that for this lot nor is that before the Commission tonight. 30 31 Commissioner Defever asked and confirmed with Mr. Flushman that TMC Section 16.52.060 is 32 what governs the PDP. Within that section there are principles the Commission would want to 33 consider for approving, denying, or modifying an application which would be what the 34 Commission would do if they condition this application. The Commission would not necessarily 35 be telling the DRB how to process an application but rather giving limitations or restrictions on 36 the conditions. 37 38 Ms. Tasini said what is before the Commission is the proposed boundary which the Commission 39 will recommend or not to the Town Council for it to be used as a secondary envelope and, within 40 that area the proposed or existing gazebo is located. With respect to the design of the gazebo, this 41 would go before the DRB provided it was greater than 500 square feet, however the design is not 42 before the Commission tonight. 43 44 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 8 Chair Williams said the reason they are struggling is because it feels like a bad precedent. A 1 structure was built, it had illegal improvements made to it, and now the Commission is trying to 2 remedy the issue. This is part of the reason they want to be sure to think about it and talk about 3 it. Honestly having been on site, the view from the primary residence looks like Lot 5 is so far 4 away. But when going to the residence on Lot 5 it feels like it is right there. It is just 2 very 5 different perspectives and it is sort of shockingly or surprisingly so. 6 7 Vice Chair Amir said in a way, the Commission is dealing with bad behavior to start with and 8 now needs to deal with something that was illegally built. He apologized for not being able to 9 see Lots 5 and 6 from both sides. One question is whether the structure should stay in the same 10 place or not and secondly, the envelope. 11 12 He thinks that even though the applicant put walls around the gazebo, the structure has been 13 there for quite a while. It is somewhat unreasonable to move it to a different location and he does 14 not think the envelope is the issue here. It is really the issue that Lot 5 sees the structure. But, as 15 a condition to the Town Council and the fact that they are looking at something that is 80 feet 16 away, several things could be done vegetatively by Lot 6 to block the structure’s view, and the 17 DRB will deal with the landscaping and approval. 18 19 Chair Williams agreed this is a tricky situation and she thinks no one acted in bad faith. She does 20 find herself agreeing with Vice Chair Amir that there is quite a bit of distance. There will be 21 improvements to the current structure to match the character of the primary residence and 22 character of the neighborhood, and she thinks the Commission should consider some 23 recommendations to the Council to provide clarification that they are considering landscaping 24 and minimal improvements be permitted in this secondary building envelope. 25 26 The alternative is not to approve this and have a landowner that is not in compliance return the 27 gazebo back to its original openness. Again, they are talking about 80 feet and landscaping can 28 accomplish quite a lot to protect privacy and fortunately both homes are wonderful homes with 29 incredible primary views of the Bay, and none of that is impacted. Therefore, she thinks the 30 Commission should provide clarification as to what is allowed with staff guidance. 31 32 Commissioner Defever echoed comments and asked for anything they can do to allay the valid 33 concerns of the neighbor on Lot 5. She can completely understand why it is vulnerable to her 34 bedroom and they believe people can see or watch them. She grew up in wide open space and 35 they lived there because they did not want anyone to be able to see into the windows of their 36 house. In Tiburon, there are many homes close to one another, but that does not mean it is right 37 for this neighbor to feel as if her privacy is compromised. 38 39 People have purchased their lots and homes with certain expectations of privacy and these are 40 not unreasonable expectations. It is a huge lot with lots of vegetation on it. She would support 41 coming up with a compromise to assist the neighbor, as she wants to protect their feeling of 42 privacy. She also agrees with fellow Commissioners that it does not make sense to have the 43 structure moved or torn down. 44 45 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 9 What the structure is now is a fitness room and she asked if this is something that is typically 1 allowed in secondary building envelopes or not. 2 3 Ms. Fong commented that for the primary and secondary building envelops in this precise plan 4 and on these lots, there is an area called “TLE” which is Top of Landscape Envelope. In this 5 Precise Plan area there are restrictions for vegetation height in landscape proposals. It is a 6 measure to protect views. She understands there may be the intent to require landscaping to 7 preserve privacy but there are other restrictions. 8 9 Vice Chair Amir asked if the DRB could determine a different restriction. Ms. Fong said there is 10 a maximum grade elevation under TLE of 250’, which means all vegetation cannot exceed that 11 grade elevation. Mr. Flushman added that is grade elevation measuring above sea level. 12 13 Vice Chair Amir said he thinks this is something they could indicate to the Town Council and 14 could provide that guidance to the DRB. 15 16 Chair Williams said there is currently a lot of vegetation out there. Some of the trees are dying 17 on Lot 5 but there is enough vegetation that with tweaks and improvements could do a lot to 18 mitigate any view and privacy impacts, which could comply with the PDP. 19 20 To Commissioner Defever’s point, they have seen the PDP and there are many references 21 articulated in it to retaining the open visual appearance of the neighborhood and open views. 22 This was not just specific to protecting the primary Bay views. This was a neighborhood 23 articulation designed for the neighborhood to feel very open and airy. 24 25 Mr. Flushman commented that part of the principles were preserving some of those things as 26 well, so that is why the PDP would end up like that. 27 28 Commissioner Defever asked if it was okay to have a gym in a secondary building envelope. Ms. 29 Tasini said staff would consider that an accessory structure. There are plenty of these accessory 30 structures in secondary building envelopes used as gyms, offices and other additional spaces, 31 which are not residential, so that would not be unusual. 32 33 Chair Williams said she thinks they are reaching consensus to approve this with some additional 34 recommendation to the Town Council that they approve it and ask that the Commission be 35 explicit as to what is allowed within the secondary building envelope. They have talked about 36 studios, landscaping, sheds, BBQs, etc., and she does not think there is anything beyond that. 37 38 Vice Chair Amir and Commissioner Defever agreed. 39 40 Mr. Flushman asked if Ms. Fong understands what the guidance to the Council is and suggested 41 articulating the findings. 42 43 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 10 Chair Williams said she thinks it might not be a bad idea to have something brought back with 1 the benefit of staff’s thinking in terms of would they want to see in this community. She would 2 be in favor of this based on discussions in the form of a resolution. She thinks all Commissioners 3 can find it categorically exempt from CEQA. 4 5 Ms. Tasini asked and confirmed the Commission is directing staff to bring back a resolution and 6 not recommending any action to the Town Council, given Commissioners want to see some of 7 the specifics of what they would propose to be permitted within the secondary envelope, with the 8 primary concern being privacy considerations and the spirit of the Miraflores Precise Plan to 9 retain the open views and open character of the neighborhood. Also, the Commission proposes 10 continuing the matter to March 22, 2023, with direction to staff to return with a resolution. 11 12 Mr. Flushman suggested the motion should include the things that are allowed in secondary 13 building envelopes. 14 15 Ms. Tasini said what staff normally sees in secondary building envelopes is just an “accessory 16 structure” as opposed to delineating it as a fitness studio or gym or an office, etc. Otherwise, in 17 some ways it creates another layer of enforcement. If it is an accessory structure that is not 18 residential, cannot be lived in, would not be a full residence, then this is what is normally seen 19 within these secondary envelopes as well as landscaped areas, steps and stairs, BBQs, and garden 20 retreats. 21 22 Vice Chair Amir asked if they can condition it to say there will not be another accessory 23 structure in that envelope. This might be something they would not want. If this is not clear, he 24 thinks it should be in the resolution. 25 26 Chair Williams agreed they would want to add that strong guidance. 27 28 Ms. Tasini said the Commission is not precluded from saying “one accessory structure”. 29 30 Vice Chair Amir noted the owner might not be the owner in 10 years. 31 32 Chair Williams said when some PDPs are very specific and others are not, this PDP clearly 33 wants to preserve this open character and it did not anticipate secondary building envelops at all. 34 Therefore, this is why she wants to give staff the opportunity to check how this compares to 35 other PDPs. Staff might return and say it does not make sense to include specific 36 recommendations in the resolution which may make the instructions more confusing. 37 38 Ms. Tasini said she thinks they can provide some guidance and said some of the PDPs do have 39 secondary building envelopes that are very specific as to what you can and cannot do. She asked 40 Ms. Fong if there were any other ones that limit the number of accessory structures. 41 42 TIBURON PLANNING COMMISSION MARCH 8, 2023, MINUTES NO. 1132 PAGE 11 Ms. Fong said normally for PDP areas that do not have specific guidelines and definitions of 1 accessory structures, staff would refer to regular zoning. How the regular zoning development 2 standards work is that it must comply with height, lot coverage, and floor area maximums of the 3 lot. If these outbuildings meet those maximum allowable gross floor area and lot coverage for 4 the parcel then it could be allowed to exist inside the building envelope. She has seen other PDPs 5 that have a maximum square footage number for outbuildings and thinks this is what the 6 Commission is asking for. 7 8 Ms. Tasini said then they are talking about what could happen in a secondary building envelope, 9 not what the development standards might be. She thinks the Commission is looking for a 10 maximum square footage or maximum number of accessory structures and a definition of what 11 the accessory structures can be or are. Commissioners agreed. 12 13 ACTION: M/S/C (William/Amir) to continue the matter to March 22, 2023 to allow staff time to 14 revise the resolution to incorporate additional guidance for the Town Council that takes into 15 consideration privacy protection and the Miraflores Precise Plan goals. Roll Call Vote: 3-0-1; 16 Tsai recused; Woodward absent. 17 18 ADJOURNMENT 19 20 The meeting was adjourned at 7:55 p.m. to the March 22, 2023 Planning Commission meeting. 21 22 23 24 _________________________________ 25 ERICA WILLIAMS, CHAIR 26 Tiburon Planning Commission 27 ATTEST: 28 29 __________________________________________ 30 DINA TASINI, SECRETARY 31 32 EXHIBIT 8 OFFICIAL RECCIUlS COUNTY OF HARW Mira.£ lore.s aooK3082 rm194 30200 39200 DECLARATIO~ OP COVENANTS, CONDITIONS AND RESTRICTIONS RECORLlED Ai n.:~i.ES T Or F17f ~CAN Tffi.E CO. AT_;z:tLMIN. PASTJ;d2i?. SEP 2 1976 .lffldal .... If In c.t,, CIIII. THAT THIS DECLARATION ::c::::sby MIRAPLORBS :Y-• COMPANY, a Limited Partnership , as the owner of all that certain real property located in the County of Marin State of California, beina particularly described on Exhibit "A", attached hereto and incorporated herein by this reference. This Declaration is made for the followina purposes and tho intent expro11ed horoaftor1 A. The property described on Exhibit •~11 has boon or is boina subdivided into nine (9) lots. That tho real property described on Exhibit "B", attached hereto and now incorporated heroin, has boon tentatively ap- pruved for division into twonty(20) 1u~1ivision lots. As sot forth hereafter, Granter will reserve tho right to bind tho additional property described on Exhibit "B" in connection with tho final subdivision of that property by those restrictions and by followina tho procedure desig- nated hereafter, subsequent to the date thereof, those re- strictions will apply not onlr to tho real property de-scribed on Exhibit "A", but a 10 to tho real property de-scribed on Exhibit ''B". B. It is Grantor's intention to impose upon said property mutually beneficial restrictions under a general plan of improvement for tho benefit of all said subdivi-sion lots and tho owners thereof. C. THEREFORE, Granter hereby declares that tho pro-ject is hold and shall be hold, convoyed, hypothocated, oncumborod, leased, rented, used, occupied and improved subject to tho followina covenants, conditions and ro- strlctions, all of which are declared and agreed to be in Iurthoranco of a plan for tho improvement of said property and tho division thereof into subdivision lots and arc established and agreed upon for tho purpose of enhancing and perfecting tho value, desirability and •ttr~ctivenoss of tho project and every part thereof. All of tho cove-nants, conditions and restrictions shall run with tho real property and shall be binding upon all parties having or ~cquiring any right, title or interest therein or any part thereof, and shall be for tho benefit of each owner of any portion of said project or any interest therein, and shall inure to tho benefit of and be binding upon each successor in interest of tho owners thereof. II DEFINITIONS For the purposes of this Declaration, tho terms used shall have the following meanings: *l* I b- OFFICIAL RECOOJJS COUNTY OF MARIN A. "Phase One" shall refer to tho certain real property described on Exhibit "A", being subdivided into 9 single-family residential lots; B. "Phase Two" shall refer to all of that property described on Exhibit "B", which Grsntor int.,nds to divide into 20 single-family residential lots and upon that di-vision, to impose those restrictions on said property; C. "Annex" shall refer to th1' imposition of t~-,so restrictions on tho property described on Exhibit "B". Annexation shall be accomplished by rocordation in tho Official Records of the County of Marin of a documont re- ferring to these restrictions and statina that from and after tho date of recordation of the document, it is tho intention of Grantor that these restrictions shall be un- conditionallr, imposed upon the real property as described on Exhibits 'A" and "B"; D. "Owner" or "Owners" shall moan the owner of one or more lots in the subdivision; B. •~ortaage" shall mean a Deed of Trust as well as a mortaago; P. •~ortgaaee" shall maan a beneficiary under or holder of a Deed of Trust, as well as a ~ortgaaoe; G. "Lot" shall be a subdivision lot as shown on the subdivision map referred to in Exhibit "A" or in the event of annexation of Phase Two, a ~ubdivision lot in either Phase One or Phase Two; H. "Buildina Envelopes", Tho subdivision map or maps for tho property depicts thereon minimum front yard, back yard and side yard building setback restrictions, as well as height restrictions, Tho restriction on setback and height elevation in connaction with each subdivision lot is known as tho buildina envelope for such subdivision lot; I, ''Landscape Screens", Tho term landscape screens as used heroin, refers to certain areas desianat~d as land- scape screens on tho Subdivision Map or Maps relating to tho property; J. "Landscape Envelopes", Thero is designated on ~ho Subdivision Map or Maps, restrictions on tho height of vegetation or landscaping on certain lots or portions of lots and those areas shall be known as landscape enve-lopes; K. "Plumbing Restrictions", Restrictions are imposed on tho lot Rnd/or tho owners of each lot, pertaining to the plumbing and irrigation systems which may be installed on tho lot and those are referred to heroin as plumbing restl'ictic-ns; L. "Dedicated Property" shall refer to those areas reflected on the subdivision map, which will be dedicated to tho City of Tiburon for open space purposes. M. •~iraflores Construction Documents". The term Miraflores Construction Documents shall 111ean the plans, spe· cifications or instruments of service filed with the Depart- ment of Community Planning of the City of Tiburon, *2* ,, OFFICIAL RECQlDS COUNTY OF KARI~ III LAND USB No lot shall be used except for residential purposes. No buildini .shall be erected •. altered. placed or permitted to remain on any lot other than one detached single-family dwel· lini and a private aaraae, which must be located within the setback line1 and maximum buildina elevation as specified on the buildina envelope for auch lot as shown on the final re· corded subdivision map; provided, however, that chimneys may protrude two feet (2 1) above tho maximum building elevation specified on tho buildina envelope, It is tho intention of tho declarant that notwithstandina Municipal law or regulations re• lating to elevations of buildings and setback requirements in connection with location of buildings, that for the protection of other lots in ihe subdivision, setback, and elevations on each lot shall be specifically limited to the dimensions re- flected on tho buildina envelope for such lot. IV ARCHITBCTURAL CONTROL No building, fence or other structure shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the locat:on of tho struc-✓ turo have boon approved by tho architectural control commit- too as to harmony of external design with existing structures and as to compliance with tho setback restriction and eleva-tions shown nn tho building envelope for each lot. V DWELLING COSTS No dwellina shall be permitted on Lots 1, 2, 3 and 4 in Phase Ono, which shall cost loss than $50,000.00, based upon cost lovol1 prevailing on tho date those Covenants are ro-cordod. No dwelling shall be permitted on any other lot in Phase One or Phase Two at a cost 1011 than $80,000,00, based upon cost levels prevailing on the date those Covenants are recorded, it being the intention and purpose of tho Covenants to assure that all dwellings shall bo of a quality of work-manship and materials substantially tho same or bettor than that which can be produced on tho date these Covenants are recorded at the minimum cost stated herein. VI LOT RESUBDIVISION There shall bo no further rosubdivision or lot split of any lot shown ~n the final rocor~od subdivision map of Phase One or Phase Two. VII EASEMENTS Easements for installation and maintenance of utilities, drainage facilities and other matters are reserved as shown on tho final recorded subdivision map. It is tho intention of tho doclarant that in connection with any dedication of pcoporty to the City of Tiburon, as such property is described in tho subdivision map. that declarant shall reserve from the eo::.30S2 r.·.u100 *3* (' OFFICIAL UCClU>S COUNTY OF MARJ' conveyance any easement reflected on tho subdivision map in connection with such property. VIII NUISANCES No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. IX TBMPOR.Afl.Y STRUCTURES : : No str.ucture of a temporary character, trailer, tent, shack, garage, ~arn or other outbuilding shall be used on any lot at any time, as a residence, either temporarily or permanently, except as may be reasonably necessary during the course of con-struction. X SIGNS No sign of any kind shall be displayed to the public view on any ~ot except one sign of not more than two square fo~t, advertising tho property for sale or rent, or signs used by a builder to advertise tho property during tho construction and sales period, Any owner of a lot may maintain a sign of not more than one square foot stating tho street address and/or name of tho uwnor. XI LIVESTOCK AND POULTRY No animals, livestock or poultry of any kind shall bo raised, bred or kept on any lot or property in tho subdivision, except that dogs, cats or other household pots may be kept, provided they are not kopt, bred or maintained for any com- mercial purpose and providing that they are not kept in such numbers so as to be an annoyance or nuisance to tho owners of other lots in tho subdivision. XII GARBAGE AND REFUSE DISPOSAL No lot shall be used or maintained as a garbaee dumping ground for rubish. Trash, garbage or other waste shall not be kept, except in sanitary containers. All equipment for tho storage or disposal of such materials shall be kept in a cle&n and sanitary conditi~n. XIII OIL AND HINI~G OPERATIONS No oil drilling, oil development operations, oil refin- ing, pouring or mining operations of any kind shall be permitted upon or in any lot, or property dedicated to tho City of Tiburon, nor shall oil wells, tanks, tunnels, mineral exca- vations or shafts be permitted upon or in any lot or property dedicated to tho City of Tiburon. No derrick or other structure designed for use in boring for oil or natural gas shall be *4* l BGOt:3082 p,•,C£1fJ7 ,. __ ___,_ ________ ~---:-~-----~-,-----~~-T.-'T;...,.. ________ . ···---· .. • '• ,, . OFFICIAL RECCRDS COUNTY OF MART" erected, maintained or permitted upon any lot or any property to be dedicated to tho City of Tiburon. XIV COMPLBTI9N OF CONSTRUCTION Any residence or building in said subdivision, the con-struction of which has been started, shall be completed with-out delay, except when such delay is caused by acts ot God, strikes, actual inability of the owner to procure delivery of necessary materials, or by interference by other persons or forces beyond tho control of tho owner to prevent. Financial inability of tho owner of his contractor to secure labor or material~ or discharge liens or taxes shall not be deemed a ~ause beyond _hi~ control, xv LANDSCAPING A, LANDSCAPE SCREENS, Declarant shall serve or cause to be planted, vegetation within tho areas dosignated as landscape screon1, as tho same are shown on tho final recorded subdivision map or maps for th, property, L~nd1cape screens on lots as 1how11 on such map or maps shall b1 kept r'ld maintninod by de• clarant for a term of two y1ar1 from and after tho date when tho aamo are first planted and aftor tho expiration of two years from the date of planting, such Landscape Screens shall be kept and maintained by tho ownor of each lot on which a Landscape Screen exists. Kept and maintained, as used herein, requires maintenance in a good and husbandliko manner, including irriga- tion and there shall bo no right of any owner to remove, re- place or substitute vegetation planted by declarant, except as replacement may bo required by roascn of disease or other damage to vegetation, in which case, vegetation replaced shall be of identical typos of vegetation as initially planted by doclarant or any other type of vegetation which may be approved by the Architectural Control Committoo. Said Architectural Control · Committee shall also supervise the planting and growth of trees on lots in such subdivision and may cause tho removal of trees which may havo been planted, in order to prevent one owner from planting trees or allowing trees to gr~w so that the view from other lots may be obstructed or impaired, In the event that any Landscape Screen planting (as shown and specified on the Miraflores Construction documents) shall grow to a height so ttat it obstructs somoono's scenic view, or in the event that any planting within a Landscape Screen shall dio, then any party who is affected may request tho Architectural Control Committee to authorize or direct corrective work. If the Architectural Control Committee determines that planting must bo replaced or that it should be removed or reduced in height, then the Archi- -t~ctural Control Collllllittec shall cause such corrective work to be performed. Tho costs incurred in connnction with corrective work on Landscape Screen plantings shall be paid equally by each lot owner in tho project (each lot owner to bear l/29th of such costs) and if any lot owner shall fail to pay his prorata share of tho charge, the charge shall be an assessment or lien against the lot owner's property and may be enforced in the manner for the enforcement of mechanic's lions against the party's property. B. LANDSCAPE ENVELOPE. Each owner of a lot may serve or :ause to be planted, vegetation within the location and dimen- sions of tho Landscape Envelopes, as the same are shown and de- eoor.3082 rm1n8 / 1/ 2 I ;\,,l t I OFFICIAL RECORDS COUNTY OF MARI~ lineated on the final recorded subdivision map or maps. On any lot where the map or maps docs not reflect a Landscape Envelope, there shall be no restriction on the height or location of vcgc- t~~ion which an owner may plant. Wherever practical, drought rcsistent plants shall b~ planted by any owner. The method and extent of removal or substitution must bo approved by the Archi- tectural Control Committee. Said Architectural Control Com- mittee shall also supervise tho planting and growth of trees on lots in such subdivision and may cause ~ho removal of trG;s which have been planted, in order to prevent one owner from planting trees or allowing trees to grow 10 that tho view from other lots may be obstructed or impaired, In tho event that any planting within. a Landscape Envelope shall exceed tho Land• scapo Envelope and grow to a height that it obstructs someone's sconic view or if such planting dies or becomes diseased or is otherwise aesthetically offensive, then any party may request tho Architectural Control to authorize appropriate corrective work, In such event, tho Architectural Control Committee shall hold a hearing and tho Architectural Control Co~Jllitteo shall cause written notice to be given to each lot owner on whose property tho Landscape Screen Planting is located. Such notice ~hall specify tho nature of tho corrective work to be considered on tho date of the hearing. If at tho hearing the Architectural Control Committee shall authorize and direct that tho corrective work be i,,rformcd, then within ton (10) days after written no-tice of such direction 11 given to the lot owner or owners on whoso property cotrective work is required, the lot owner or owners at their sole cost and expense shall then perform the corrective work on their property, II such lot owner or owners shall refuse o~ fail to perform such corrective work as directed by the Architectural Control Committee, then any party may cause such work to be performed and the cost of such work shall be paid by the l~t owner on whose property the work is being per-formed or, if more than one lot owner is involved, it shall be paid proportionately by each lot owner on whose property work has been performed. In tho event that such lot owner or owners shall fail to pay tho cost of corrective work, the charge shall be an assessment and a lien against tho lot owner's property and may be enforced in the manner for tho enforcement of mech• anic's lions against that party's property. C. MAINTENANCE OF LANDSCAPING, Each owner of a lot shall keep and maintain his property and all lawns, shrubs, trees, flowers and other plants located .thereon, in a good and husbandliko manner, except for planting within Landscape Screens which are to be maintained by declarant for two years, as pro-vided hereinb~fore, XVI PLUMBING RESTRICTIONS The term~ used in this Paragraph XVI shall have the mean-ings specified in this paragraph, as such meanings may be clarified from an analysis and review of tho Miraflores Con-struction documents. The term "upstream" as used herein shall refer to the direction of water moving from tho lot water meter toward the residential structure and tho term "downstream" OFFICIAL RECORDS COUNTY OF M. .RIN shall refer to the direction from the water meter back to the public line or source line. Lot owners shall not alter any portion of the plumbing (by way of specification; not by way of limitation, controls, valves or filters) upstream from the lot water meter outflows, as the same are shown on the Miraflores Construction Documents. Any portion oE the plumbing system, aga~n including by w~y of specification, not by way of limitation, controls, valves or filters, that has boon installed by declarant or tho lot owner downstream from tho lot water meter outflows, as shown on the Miraflores Construction Documents shall: (1) Be designed and installed in accord with the criteria hereinafter described and, in addition, shall be in complaince with all applicable codes and regulatior.1; (2) Be maintained and repaired by the lot owner in good working order; and, (3) Be subject to inspec- tion by doclarant, ~y the Marin Municipal Water District and by any other public agency 11 may be required under applicable codes and regulations, A. Service for tnhouse Fixtures, The term "in-house fixtures" shall moan every fixture Installed or used in con- n~ction with water service and located within any house or within the enclosed portion of any garage, excluding, however, any and all toilet fixtures. Water service f~r all in-house fixtures, with the exception of toilet fixtures, shall be pro- vided from tho Marin Municipal Water District lot hookup lines as shown on the Miraflores Construction Documents. Service from the Marin Municipal Water District lot hookup shall be used exclusively for in-house fixture ■, with the exception of toilet flxtures. for pl from th Mirafloi '- ~rvico for Toilet Fixtures, Tho exclusive method · service to tullot fixtures on each lot, shall be on-site source toilet hookup,•• shown on the 1struction Document■, C. 5, rvice for Drip Irrigation tlmltters. Tho exclusive method of providing servl~e to tho drip lrrlgatlon emitters shall be from the lot on-site 1ource drip irrigation hookup, as shown on the Miraflores Construction Documents. D. Service for S~ray trrtgation Sprinklers. The ex- clusive method of provi ing water service for the spray irri-gation sprinklers on each lot shall be from tho lot on-site source spray irrigation hookup, as shown on tho Morafloros Construction Documents, E. Outside Spigots, No spigot shall be installed or maintained outside of any house or residence, although spigots may be installed and maintained within the enclosed portion of any garage. F. Pressure Reducin Valves for tn•house Service. The in-house ~ater ~ressuro n conn:ct on wt water 1nes serv-ing in-house fixtures (excluding toilets) should not exceed 50 psig and tho lot owner shall install and maintain appro-priate pressure reducing valves as may be necessary to achieve this limited pressure. G. Sho~er Heads. Each single shower head installed or maintained shall be of a type which will not allow a flow of wate~ in excess of 3.5 gallons per minute at 50 psig. *7* \ ; / / OFFICIAL RECORDS COUNTY OF MAR' H. Toilet Fixtures. Each toilet fixture shall be of the type that when such fixture is flushed, the quantity of :::::.i~:·~;::~;;;:,;.;;.;;~::i;;,;;;:;.;;; ;~;;;;:::;,:;:;:···✓/ continuous loop system. J, Insulation of Hot Water Lines. All hot water lines for each house or residence shall 60--ri\sulatod. The 1nsula· tion shall commence not further than two(2) running feet from the connection of each hot water line to the heating element tank and shall terminate not more than three(3) running feet from the fixture's spigot, Intermediate nonpipe fittings, such as valves, pumps or filters, need not be insulated, Tho thermal conduct!vity of the insulation shall not exceed 0.3 BTU/SQ IN/Po/HR. · K, Pile Codinf• All pipes which the lot owner may con-nect to theot on•s to source hookups, as shown on tho Mira- flor,u Construction Documents, shall have emblazoned or im· printed thereon at appropriate intervals tho words "NON-POTABLE" to provide notice to users and to avoid inadvertent tie-ins to such pipes potable water use. L. Drip Irrigation Emitt~r Tytes, All drip irrigation emitters installed on any lot shalle sub-terrain numbers ST-1, ST-1.S, ST-2, ST-4 or approved equal typo, ·. M, S~ray Irrigation Sprinklers, All spray irrigation sprinklersnstalled or maintained on any lot shall be weather- matic model 13-ASlSF (1,9 GPM) and 13-ASlSH (1,1 GPM) or ap· proved equal, spaced 12 ft. (Maximum) on center in a triangular pattern, Trim areas to be served with part circle sprinklers to prevent overspray, N, Drip And Spray Irrifation Controls, Doclarant shall install on each lot one driprrigation control and one spray irrigation control and these controls shall bo preset by declar- ant. After installation, only doclarant or tho Marin Municipal Water District shall be permitted to alter tho setting of those controls. All such controls shall be installed in an area adjacent to tho electric house meter in order to tacilitato inspection, Tho power lines for these controls shall be connected to the house ~ower supply and tho control wires shall be connected .to tho lot drip irrigation control terminals and tho spray i;rigation control terminals, as shown and delineated on the Miraflores Construction Documents. O. Dri! Irrigation Filter, Declarant will provide a filter·assemb y for the dr1p irrigation system, which each lot owner shall cause to be installed and thereafter maintain. P. Number and Size of Dri Emitters and S ra S rinklers. The lot owner may 1nsta any num er o r p em tters an or spray sprinklers, provided that, based on tho combination of one(l) hour per day of drip irrigation and/or ton minutes per day of spray irrigation, the total gallons of water used or consumed on each lot per day for the emitters and/or sprinklers shall not exceed l/29th of the total Miraflores on-site source irrigation water, as authorized by tho Marin Municipal Water District at the time of the installation of the emitters and/or sprinklers. As of January, 1976, tha Harin Municipal Water District authorized for allocation for on-site source irrigation water 3,567 gallons or 123 gallons per lot per day. If the .. ,. BO□r:3082 ,m201 I ~ICI.AL RECORDS COUNTY OF MARIN Marin Municipal Water District -,hall revise the authori%ed quantity allocation of on-site source irrigatio,. water, then water allocated for US3 on each lot will further be revised on tho basis of l/29th of the total revised allocation. In the ever.t of revised allocati~n, the number and/or si%o of emitters and/or sp~inklors per lot may be increased or decreased and/or by reason of the revised allocations adjustments may be re- quired to the ti~or settinas on the Jrip and spray irriaation controls. · Q, Water Charges. Water service from the Marin Munici· pal Water District lot hookups as shown on the Miraflores Con-struction Documents, will be charged to each user by tho Marin Municipal Water District at the then prevailing rates, Water service from the lot or.-site source hookups, as shown on tho Miraflores Construction Documents, will be charged for by tho Marin Municipal Water District at a per lot rate of l/29th of tho water district's costs of operating and maintainins the on-site source srste~. - XVII EXTERIOR LIGHTING Any exterior Hghtina installed on the pro~· trty shall be either indirect or of such control, focus and intensities so as not to disturb the owner of anr other residence in tho sub-division. Tho plans showine tho ocation, intensity and tho focus of any exterior illumination ~thor than indirect lighting shall be first approved by the Design Review Board of tho City of Tiburon. XVIII BOATS AND TRAILERS No boats, trailers, or like vehicles shall be stored on any lot or any street in tho subdivision, without the approval of tho Architectural Control Committee being first obtained, XIX ANTENNAS No antennas shall be placed upon any structure without the previous approval of the Desian Review Board of the City of Tiburon. ARCHITECTURAL CONTROL COMMITTEE The Architectural Control Committee shall be composed of three (3) members, who initially shall be appointed by declarant. The three inltial members of the Architectural Control Commit-tee are: David H. Lewis of 5 Harbor Point Drive, Mill Valley, Ca. Michael P. Berline of 60 Union Street, San Francisco,Ca. Leonard Cahn of 60 Union Street, San Francisco, CA 94111 A. At such time when ninety percent (90\) or more of ~~e lots have been sold, the lot owners shall have the c::r.30S2 rm202 *9* r---''------------------~--------...;,.-.-,.1!:'"1;.... _______________ ~ OFFICIAL RECORDS COUNTY OF MARJ right to remove the initial appointees and to elect the Architectural Control Committee. At such time as ninety percent (90\) of the lots have been sold, declarant shall, within a reasonable time thereafter, but not to exceed sixty (60) days, send a certified lotter to each lot owner, to the address of tho lot owner as shown on the records of the Marin County Assessor. Bach lot owner may, within thirty (30) days after notice has been so aiven, send to the address of declarant as ,hewn un tho notice, tho names of any persons who they wish to be nominated to tho Architectural Control Committee. Not-withstandina that a lot owner owns more than ono (1) lot, _ho shall have tho right to vote or send a list for each lot then owned, Any person recommended or suggested as a person to serve on tho committee may have their name with• drawn from consideration at any date prior to the expira-tion of such thirty (30) day period. Tho three persons whoso names appear on the areatost number of lists will be elected to tho committee. In tho event of a tie for tho third scat on tho Architectural Control Committee, selec-tion will be made between tho individuals who have tied, by tho other elected members of tho committee and, if they are unable to agree, tho selection shall be made between such individuals who have tied by the doclarant. Persons ~hus elected to tho Architectural Co~trol Committee under the provisions of this subpar~graph shall then servo for a term of ono (1) year or until removed or replaced by a vote of tho lot owners, such voting to follow tho proced- ure hereinbeforo specified, tho one year term to commence ninety (90) days after the certified letters have been sent out to tho lot owners by tho doclarant, After the initial election, all future elections will be conducted in tho same manner, provided, however, tho function or obligation of the doclarant in connection with such elec- tions will then be performed by tho then existing Archi- tectural Control Committee. B. A majority of tho committee may designate a representative to act for it. In the event of the death or resignation of any member of the committee, the re- maining m~mbers shall have full authority to designate a successor. Neither the members of the commit~ee, nor its designated representative, shall be entitled to any com- pensation for services; however, they shall be entitled to be reimbursed for any reasonable costs incurred by it in processing plans and for this purpose, may assess ap- plication fees against any person presenting plans or ap- plications to the Architectural Control Committee to cover such reasonable costs. To cover the reasonable costs in-curred under the provisions of this subparagraph, the committee or declarant shall have the right to assess each lot cwner annually, s sum not to excee1 one-half of one percent (~ of l!) of the total real estate taxes and assess- ments paid by such lot owner in the previous fiscal year by reason of the ownership of a lot or lots in the sub-division. C. This committee's approval or disapproval as re- quired in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin construction has been com- menced prior to completion thereof, approval shall not be __ __J, __________________ ___,,r:-,-------:----· - FICIAL RECORDS COUNTY OF MARIN required and the related covenants shall be deemed to have been fully complied with. D. If the committee has not designated a represen- tative to act for it under the provisions of subparagraph B •. of this paragraph, not less than two votes will be re- quired in order to deny any application made to the com-mittee and in the absence of two votes approving or dis- approving the application, approval ~hall not be requ!red and these covenants shall be deemed to have been fully complied with. B. Tho Architectural Control Committee will meet at such time or times as the Architectural Control Committee shall doom meetings necessary, Providing, however, that the Architectural Control Committee shall meet in any event, not loss than thirty (30) days after tho receipt of an application, On any such meeting after receipt of an application, the mooting shall take place only after reasonable not1ce has been givon to the applicant of the time, dato and place for such meeting, so the applicant has tho opportunity to be heard on the application, XXI TERM All of tho conditions, restrictions, covenants and agree- ments shall affect all of the lots and parcels as hereinabove set forth, including Phase Two, when the same has been annexed or made subject to these restrictions and these covenants and restrictions are made for tho direct and reciprocal benefit thereof, and in furtherance of a general plan for tho improve- ment of said subdivision and the covenants shall attach to and run with the land. That theso restrictions, covenants and conditions shall bo binding on all parties and all persons claiming under them for a period of fifty (SO) years from the date hereof, after which time they shall be automatically ex-tended for successive periods of ten (10) years; provided, however, that such restrictions, conditions, covenants and agreements or any of them may be supplemented, changed or re-scinded in any and ~11 particulars at any time with tho writ- ten consent of 67\ of tho low owners or after 50 years from tho date hereof, by 51\ of the low owners, such changes being evidenced by an instrument in writing executed by the owners in the manner provided by law and for the conveyance of real property, duly recorded in the Office of the County Recorder in tho County of Marin. Provided, however, that prior to the date on which SO\ of said lots are sold, these restrictions may not be amended without prior written approval of the City of Tiburon. · Upon such recordation, such amendment shall be valid and binding on tho owners of said lots in said subdi- vision, and upon all of th~ persuns affected thereby. Provided further, that the percentages required for modifica-tion initially shall be only applicable to the 9 lots in Phase One. llowevl"r, from and afte:-the date of annexation of Phase Two, the percentages shall apply to all 29 lots in both Phase One and Phase Two, it being the intention that once Phase Two is annexed or made subject to these restrictions, that it shall be deemed as if these restrictions were imposed upon Phase One and Phase Two concurrently, Provided, however, that no restrictions relating to setback lines, maximum build- ing elevations, landscape screens or landscape envelopes shall oe mod~:ied, amended or deleted, without the expressed written consent of the City of Tiburon first had and obtained, and the c;:: 3032 rm204 *11* ---'---------------------------.-,.----------... ,_ OFFICIAL RECCllDS COUNTY OF MAR'. restrictions relating to plumbing may only bo modified, amended or deleted with tho written approval of tho Marin Municipal Water District first had and obtained, XXII ENFORCEMENT If the parties hereto or their s~ccessors shall v!~late or attempt to violate any of the covenants herein during the period in which they are enforced, including any extended period, it shall be lawful for any person owning any roal property subject to these restrictions to prosecute any pro• ceeding at law or in equity against the person or persons violating or attempting to violate these covenants and re· strictions, either to prevent him or them from doing so or to recover damages or other dues for such violation, In the event that any action is commenced to enforce these restrictions, then the prevailing party shall be awarded a reasonable attor• noy•s foe as a part of the judgment in such action, In connection with the plumbing restrictions contained in Paragraph XVI, the Marin Municipal Water District shall be the solo judge of whether or not a particular property owner is complying with tho restrictions or whether or not a par- ticular owner may substitute an installatioL or design which will bo comparable to that required under tho restrictions. That tho plumbing restrictions may not bo modified or amended or dolotod, without tho express written consent of the Marin Municipal Wat~r District first being had and obtained. XXIII MORTGAGES A breach of any of tho conditions contained heroin shall not defeat or render invalid tho lien of any mortgage or Deed of Trust made in good faith and for value as to said promises or any part thereof; but said conditions and restrictions shall bo binding upon and effective against any owner of said promises whose title thereto is acquired by foreclosure, Trustee's Sale or otherwise. XXIV RELEASE Declarant and declarant's successors and all lot owners and each successor in interest .thereof hereby covenants and agrees to release and discharge ~ho City of Tiburon from any and all liability for inverse condemnation which may result from or be hased upon tho City's approval of the subdivision map or maps referred to ·heroin, XXV COMPLIANCE WITH GOVERNMENTAL REGULATIONS Each owner and the owner's representatives and contractors, shall comply with all governmental rules and regulations in connection with development and use of each lot in the subdi- vision. In addition, each owner, the owner's representatives, and contractors shall comply with the following conditions wh~~h have been imposed by the City of Tiburon, as a condition of approval of doclarant's subdivision map: eoo, 30 92 Pt.CE 205 OFFICIAL UC<lU>S COUNTY OF MAP A. No outside utility wires or lino, shall bo al-lowed to be installed above tho surface of the ground. B, On-site construction on each lot shall be re- stricted to the hours of 7:00 A.M. to 5:00 P.M., Monday ./ through Friday, and g:oo A.M. to 6:00 P.M. on Saturdays. / XXVI ADDITIONAL RESTRICTIONS Individual lot owners shall have the right, as provided by law, to enter into aareements with adjoining property owners imposing restrictions on their respective lots, in addition to tho restrictions being imposed under this Declaration. Further-more, the owners of lots 1, 2, 3 and 4, as a grou~ and/or the owners of lots 51 6 and 7, as a group, pay, by majority vote of tho lot owners of the group, choose to associate with the Del Mar Valley Homeowners' Association, and in such event, will be bound by the rules and regulations of the Del Mar Valley Home- owners' Association, in addition to the Covenants, Conditions and Restrictions contained in this Declaration, A decision of the group to associate with the Del Mar Valley Homeowners' Asso-ciatton shall be evidenced by an instrument in writing signed by tho record owners of throe out of four c: the lots in the group or two out of throe of the lots in the group, as the case may be and such written document shall be recorded in the Official Records of the County of Marin. DATED: ~ :::?. , 1976. :!:t'?r ITAT( 0, CAllfOttNIA } COVNTY 0, HARIN ... MIRAFLORES HOLDING COMPANY, a Limited Partnership By MIRAFLORES DEVELOPMENT COM- PANY, a California corporation, General Partner B~(?~ .,(JJ~ °" IN-2nd d-, •' SEPTEMBER 19 76 ttx the undersi~ned • No<■,y , ... lk 1ft and,., .......... ,.........ity -•■d Lt"O fil>~AHN ' DAVID • LEWIS u:ot:3082 rm206 .OFFICIAL UC<al>ll COtlm.'Y OF MAB.IN EXHIBIT "A" DESCRIPTION All thot certain Roal Property situate in the City or Tiburon, County or Marin, State or Colifornia, doacrib~d 11 rollow11 LOTS 1 throu9h 9 in~lueive, ■a ehown upon that ~ertain map entitled, "Map or Mirofloroe ProJoct, Unit 1, City or Tiburon, County or Marin, StGto or Cal1fornia", filed for rocord Augunt 2r,, 1976 in volune 16 of M1pa, at P■ge 70 1 Marin County Records. BJor.3082 fft.C£207 . . . .. . 9--'--:---:-----""'r""'T"~_/"':"'l"';:r:~~~:!r-~~...;e,.,;~~~~~~~~~~~~~~.:.-~.?,,--~~~,41!11 .-.;·_~)•.,-,:, j.. OFFICIAL UCOODS COUNTY OF MARIN I All tl11·: crrLnln J1c,il l'rop1•rty 111t11nta in the Cit)' oC Tiburon• County of ll.1ri11, Stnto or Cnli1L ala, doncrihcd nn (ollowu1 nrc.1:rn1;,r. 11L thn ~c,11Lh1•,,r.tc,dy corner or l,ot 5!>, nn ohnwn 11pc,11 •h,it ccrtnfn ni.:111 c,ntJtleri, "IIJp c,l llcl :1.,1· ~::it,,ton, l!nil Two, ;.:,,rln Co11111:y, C,111!,", {!led Cor record 11,,rch 1, 1%0 ln \'olunw JO ol :litpn, ,it 1';11\C 53, 11,,rin Count~• ltccordn; nnid corner bdnr,. on the J/ortht\rly c11rl'r1I llrH' o( Gcldcrt llrivn, nn 1:hm,11 upon n,,.td 1n,1p; thc,ncc lcavinr, ,mid corner 111111 rn1111J11r. i:11111 Ii, cl'on11tnr, 11,11d C.uldart Drlva, nud runninr, nlonn tho Southcnotcrly line of Lot 60, 1111 i:1.1w11 upon thn 1:1,,p nuovo reforrt-d to, 20!), J/1!1 Cc,ut • .i tho Southcnotcrly corner of 11nld I.or t,O; Ll11mcc 1'orth oo• t,J' 1:.1nt !,2 runt; thcncn l\onh 1° 5J' 1•:,,nt 29ll fce1t ton point 011 th<, :,ortl11,c11t11rl)' curved lino of Gnl,lc,rt lldvo, ao cnid Drivo in shown upon that co1·tnl11 '""I' t'nl ltlrd, ''linr. of nul llir:ir.,,,r, M,1rin County, C11lif,", filed for record A11r.11ot 15, 1%2 111 Vol11r.:c 11 of l!.~;in, nt. l'nr,o 3J, M.,rin County llocordo; aaid lnnt referred to point l,ulnt\ 011 lht• ;,(,11thrrly c11rvc,d line of l,ot 1, on shown upc,n the m11p laat referred to; thnnce South 1,unl!'rly and 11lonr: the Southorly lino of 011id Lot l, 11lonr. the arc of n curvc, to tho rlr,ht 1.-llh II rnrli11n o( 225 (cwt, 120 feet, mora or loos, to tho Southenctcrly corner of 1,ot 59, (10 m,,pn 53) nnd tha point of bacinninc, l',\ltr.J:l. Tl,'01 J\EGilmll:r. nt II point corr,mon to tho cournos, "South 66° 06' Wast 522,00 feat" and "North 67' 10' h'cnt 110,00 faot" on tho uoundnry o! thnt pnrcol of l.ond conveyed from L.:ind to M,,rin 1'itlc r.u,11·11nq• Company on M.1rr.h 15, 195!) rocorded in llook 1268 o! Offici.,l Recore.lo, nt l'nr,e 306, tl:irin County Racor,ln; thence alone tho uound,,ry of anid parcel of lnnd llorth e,7• lCJ' \,'est 1,7,403 Cent; thcnca lcnvinr, nnid parcel boundn,y nnd runninr, on a curve to the left, rndlun 275 feet, who11a center ueors l\orth 66° 50' 57'' Woot, snore diatnnce of 5S.G20 feet; thence South 79• 03' '45" ~:Ost 137,784 feat to n point on tho boundnry of 11nid p:ircal of lnnd, distant Nor~h 66• 06' Eact 118,9'46 feet Crom the point of beginninc; thence South c,c,• 06' West 118.946 feet to the point of bccinning, !'AHCEJ, TJITU:t: llEGINNINr. ,,t a point diGtant North 69° 06' Cnst 280,00 feet, North 59° JB' F.ant 1,/,0;4) feet, North 25• 46' 20" West 74.129 feet, North 4')" 51' East 216,0 feet nnd l\orth 85° 15' E.1st 78.0 feet frrm F.nr,inccr'a St-,tion 171 + 01. 71 in the centerline of California St,,te llir.h1,•ay right C\f 1,1,1y, as sho,.-n on pl:in approved October 24, 1921 nnd dcsir,n:ited District IV, /!,1rin County Route 52, Section "A"; runnlnr; th,,nce North 35• 15' E.i&t 402,0 feet, North 41° 17' r:.,r.t 312.0 feet and }lorth 71.,• 1,3• 50'.' l::a!lt 327,5 feet, more or less, to 11 point dist.int S0uth 1,4• 36' \.'est 561.0 feet, ticasured at rir,ht nnr,le!l to the c~ntcrline of the recorded roa(h,•ny c.,r.cr,icnt 50,0 !cct in vidth, lyinr, South1,•cstcrly of and .1djnccnt 'to the South- \.'Csterl)' line of the parcel of land c.lcscribcd in the Deed Cror.i Recd Estate to the lands no,1 or forr.ierly of !Jr. Ainc 1:nccls, recorded Febru,1ry 21, 1947 in nook 542 of Official Records, at l'ar.e 389, llarin Counq· l:ecords; thence p.1rallel to said casement centerline, South 45• 24' !~st 950,0 feet; thence lcavinr. said parallel llne and runninr. South 61• 32' 30" E.,sc c.r,3,11 feet to a point dir.t,,nt South 52° l:?' 1:est 602,65 feet from "l'oint A" in the centerline of the above rr.encioncd 50.0, foot road c,1r.cr.1c·nt; ;~aid "l'oint A" ueinr. distant South 44• 36' \,'est 25.0 feet, South 61• 49' }:ast' 680,598 Ccet;• thence on n curve to the dr,ht 1.·hor.e crnter bc.,rs South 2s• 11' 1:cst rndiu11 1150.0. feet, distnnce 117 .OS) feet Cro10 tlie nost Southerly corner of the l.inds nm,• or formerly of r.aid Dr. J::nr,els, auova re ·erred to;/ thence North s2• 12' l:.,st C,02,C,5 feet to :..iid "Point A"; thence nlonr. :::.11d rr.,.r11.ent ccntcrl Inc on a curve to the lc~t 1.·hoso center br:irs South Jt,• OJ,' 1:cr.t rndfu,: 1150, fc:ct, dist,111cc 117.0!IJ feet; thence :forth Gl" 1,9• ~:act 6G0,5')0 (cot .uid.l\or~l°l'Ji 21,'r)AQ ~cc~.Ju:,~ f,\Lt~,,o OFFICIAL a.ECau>S COUNTY OF MARIN f t.•,,· )50, O (<·<'t: tl11~11rc l,:nvlnr. "nld ccnlcrlino, lioulh /1/1° lG' \,'ant 17!i,O feet, :forth 1,5• 7.1,• l.'cnt <,')<,,O feet, :inrth 71,• OU' l..'cnt 2?2,0 !cot, i;outh Gr,• 06' Waot 552,0 Ccat nn<I 1:,,nh~•••11t<•rly In n 11tr,,11:ht line, 110,0 !ant, n1orn or ll•nn, to 11 point tll11tnnt :-forth 5• l,'J' 1:nnt JICl,O Cr.ct, :iorth 9• 0?1 l-:nllt 90,0 Cert, !forth 1• 56' ~:nut 102,0 Cert, ::orth oo• 1,11 1:.1•1t 172,0 r,,-•t nn,I :forth 1• 5)1 l'.nnt 290,0 t~nt rroin th!' point or licr,lnnln1\: tlirnr.n Sn11til t' ~J' li.-r,t 7911,0 l<'<'t, South co• ~3• !:Mt 172,0 Co<1t, South 1° 56' \font J.02.0 foot, !;nulh 9• 09' l,'nnt ~o.o tact 1111<1 !louth 5• 119 1 \,'ant 110,0 feat to tho polnt of hl-r,lnnlns;, 1:xr.1·:l'TJl.:r. r111:1u:rnm: that port.ion tharno! lyinr, within tho hour,dnrion at hvcnl,l.1 Ml r.,(Jorcn nH 11nld llv1•11lcl11 Mltn(lorl'H in olwwn uron thnt certain mnr ont1tlcd, "Hnr of Frnncinco Vlnr.1, II.Hin Cn1111ty, CnllC.", !ilad for record Octol>or l, 1%2 in Volume 11 or H.1110, ,,t l'ngo I,), M,Hln Gou11ty Rucorcht, Ill.SU E>:c1-:rn:;c: T11r.R1:rnm1 tlHtt rortion tharoof doncrihod in tho Peed from s. H. Shnpcl'o, to .l11dah I .. 11.,gn~n llemorl11l Munc11m, Inc,, n corporntion, recorded October 211, 1966 in nook 2007 of U!!itlnl R~cordo, at rnuo 393, Marin County Rocorda, Ill.SO u:CE!'Tr::c Tlll:f\fTI,ml th.1t portion thereof doncribcd in tho llecd !ram s. H. Sh.,p/)ro, to Kcccl Union Sr.h<"Ol IJintl'lct o( Marin County, recorded 1Joco1nhor 2, 1966 in nook 2095 o( OUicinl ltccordn, 11t rns;o ~00, Hnrin County Rucord11, PARCEL rDUll: llEGIIHJINr. at the most Northcriy corner of tho lands conveyed t'o Ech~ard Rnmbo llrm•me, by need recorded /\pr11 15, 1'.l58 in !look 1103 of Officinl Records, at Page 3711, MJr1n County Records; runnin\'] thence along tho l!ortheastorly lino of said pnrcol, South 45° 24' East 359.37 feet to the most Easterly corner thereof; thence along tho Southensterlj boundary line of said parcel, South 41° 45' West 539.66·feet to the Easterly line of the parcel of land conveyed to Marin Title Guaranty Company, a corporation, by Deed recorded May 2, 1962 in Rook 1566 of Official Records, at Page 498; thence along sa1d Easterly line, North 41° 18' West 205.95 feet; thence North 40° 42' East 20G feet; thence North 41° 18' West 500.00 feet; thence North 72° 30' West 117.80 feet to the most Northerly corner of said Marin Title parcel; thbnce leaving solid Easterly line, Northeasterly 3GO feet, more or less, to a point l'lhich bears llorth 45° 2~• West 590.63 feet from the point of beginning; thence South 45° 24' East 590.63 feet to the point of beglnninJ. PARCEL FIVE: BEGINNING at the most Norti,erly corne,r of that certain street named as "Avenida Miraflores", ilS shmm upon that certain mJp entitled, "Map of Francisco Vista In the County of 11.lrin, California", filed for record October 3, 1962 in Volume 11 of Maps, at Page 43, Marin County Records; running thence along the Northeasterly line of said street, South 45° 30' East 60.GO feet to the most E.:istel'ly corner thereof; thence llortheasterly along a curve to the l'ight with a radius of 20 feet, through a central angle of 80° 24' 31" an arc distance of 28.0~8 fee thence Northrt! s tcr 1 y a 1 on9 a reverse curve to the? 1 c ft t1i th u rJd i us of 100 feet, throu0h ,-1 . centrJl ancile of 55° 21' 31" an arc distance of 96.619 feet; thence North 69° 33' East 131.00 feet; then~e along a curve to the right whose center bears South 20° 27' 00" East 50 feet, through a central ancile of 1C0 05' 11" an arc distance of 15.7C3 feet to a point on the Westerly line of the l.ind described in the Deed to EdwJrd Rambo Browne, recorded November 25, 1959 in nook 1327 of Official Records, at Pa9e 114; thence along .said l~esterly line, rio1·th 18" 10' E,1st called "Northerly " in Solid Deed to Oro,mc>, 05 ·feet, more or less, to the Northe.isterl te:rmini.;s of the course and distance set forth as "llorth 76° 43' 50'' East 327 .50 feet" in the parcel of J.1nd described in the Deed to Hilliam ~1. Nelson, et ux, recorded April 15, 19~,fl In Uook 11fl3 of Offici,11 Records, at Page 371; thence nlong the exterior b\u~~~:'.m~ sp~/~'2og ··--~·--- OFFICIAL UC<llDS COtJJITY OF KAi.1N ( Nelson parcel, South 76° 43' 50" West 327,50 feet to an angle point therein; thence continuing along said exterior boundary, South 44° 30' West 7,19 feet to the point of beginning. EXCEPTING rROH PARCELS ONE, TWO, THREE, FOUR AND FIVE ABOVE DESCRIBED ALL THE LANDS SHOWN UPON THAT CERT~IN HAP ENTITLED, "HAP or MIRAFLORES PROJECT, UNIT I, CITY or TIBURON, COUNTY or MARIN, STATE or CALIFORNIA", FILED roR RECORD AUGUST 26, 1976 IN VOLUME 16 or HAPS, AT PAGE 70, MARIN COUNTY RECORDS. ,. tl 't 11 EXHIBIT 9 1606 Juanita Lane Suite C-6 Tiburon California 94920 415 435 2446 KeFNPannarFKiteFtVFoP plot date revisions © 2023 Michael D. Heckmann AIA no.date / name drawing number PLANNING SUBMITTAL 14 FEBRUARY 2023 PR E C I S E D E V E L O P M E N T P L A N A M E N D M E N T TH E S H A M I R R E S I D E N C E 16 5 A V E N I D A M I R A F L O R E S , T I B U R O N , C A 9 4 9 2 0 A. P . # 0 3 9 - 2 6 1 - 0 6 Project Directory architectural 1. A0.1 COVER & DATA SHEET 2. SURVEYOR SHEET 1: BOUNDARY & TOPOGRAPHIC SURVEY 3. SURVEYOR SHEET 2: LOT & BUILDING ENVELOPE EXHIBIT 3. A1.0 SITE PLAN WITH REVISED BUILDING ENVELOPE owner THE SHAMIR FAMILY 165 Avenida Miraflores Tiburon, California 9492- Sheet Index Project 165 Avenida Miraflores Tiburon, California7+( S+$MI5 5(SID(1C( 165 Avenida Miraflores Tiburon, California 94920 CODES: A. 2019 CALIFORNIA BUILDING CODE (CBC) B.2019 CALIFORNIA RESIDENTIAL CODE (CRC) C. 2019 CALIFORNIA ELECTRICAL CODE (CEC) D. 2019 CALIFORNIA PLUMBING CODE (CPC) architect MICHAEL HECKMANN AIA 1606 Juanita Lane Suite C-6 Tiburon, California 94920 415-435-2446 phone heckmannarchitects@earthlink.net EXISTING TOTAL FLOOR AREA 2,620 SQ. FT. BUILDING FOOTPRINT AREA 2,745 SQ. FT. TOTAL LOT COVERAGE AREA LOT COVERAGE FLOOR AREA (HABITABLE) GAZEBO FLOOR AREA 9.3%PERCENTAGE OF LOT AREA 214 SQ. FT. GAZEBO (0.7% LOT AREA) E. 2019 CALIFORNIA MECHANICAL CODE (CMC) F. 2019 CALIFORNIA ENERGY CODE (CEC) G. 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN) H. TOWN OF TIBURON MUNICIPAL CODE Project Info & Design Compliance ZONING: RPD OCCUPANCY GROUP: R-3 (RESIDENCE), U (GARAGE) CONSTRUCTION TYPE: VB DENSITY: SINGLE FAMILY RESIDENTIAL UNIT WUI: Y FLOOD ZONE: NO LOT AREA: 31,664 S4. FT. General Notes 1.OWNERSHIP OF DRAWINGS AND SPECIFICATIONS AS INSTRUMENTS OF SERVICE ARE THE PROPERTY OF MICHAEL HECKMANN A.I.A. ARCHITECT. 2.THESE PLANS ARE NOT INTENDED TO SHOW THE METHOD AND MEANS OF EXECUTION OF THE WORK. THAT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR. 3.CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE CURRENT EDITION OF THE CALIFORNIA TITLE 24 BUILDING CODE & BUILDING ENERGY EFFICIENCY STANDARDS AS ADOPTED BY THE GOVERNING AGENCY. IT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO ENSURE FULL COMPLIANCE. 4.ARCHITECT SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OF INFORMATION CONTAINED IN OWNER-SUPPLIED DOCUMENTS. 5.IT IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO REVIEW AND FAMILIARIZE HIMSELF WITH THE CONTRACT DRAWINGS AND SPECIFICATIONS, AND SITE CONDITIONS PRIOR TO COMMENCING WITH CONSTRUCTION. IF ANY CONFLICT EXISTS BETWEEN PORTIONS OF THE CONTRACT DOCUMENTS AND/ OR ANY EXISTING SITE CONDITIONS, IT SHALL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO CONTACT THE ARCHITECT PRIOR TO EXECUTION. 6.THESE DRAWINGS SHALL NOT BE SCALED. ALL WORK SHALL BE GOVERNED BY THE DIMENSIONS INDICATED ON THE DRAWINGS. ANY DISCREPANCIES SHALL BE BROUGHT TO THE ATTENTION OF THE CONTRACTOR AND ARCHITECT. ALL DIMENSIONS RELATING TO THE EXISTING CONDITIONS SHALL BE VERIFIED BY THE CONTRACTOR PRIOR TO COMMENCING THE WORK. 7.ANY WASTE MATERIALS SHALL BE CONSIDERED THE PROPERTY OF THE CONTRACTOR, UNLESS CLAIMED BY THE OWNER, AND SHALL BE DISPOSED OF AWAY FROM THE JOB SITE IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, AND FEDERAL REGULATIONS. 8.DURING CONSTRUCTION THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROLLING NOISE, ODORS, DUST, AND DEBRIS TO MINIMIZE IMPACTS ON SURROUNDING PROPERTIES AND ROADWAYS. 9.ALL SPECIAL INSPECTION AGENCIES/ INDIVIDUALS AND SHOP FABRICATORS SHALL BE APPROVED BY THE BUILDING DEPARTMENT PRIOR TO ANY WORK BEING PERFORMED. SUBMIT ALL DOCUMENTATION FOR APPROVAL. Symbols 1 A3.1 detail number column or datum grid lines sheet where detail is drawn A 3 datum point sheet where section is drawn building section, wall section revision number revisions, cloud around or interior elevation number 10 interior elevation number A3.1 A 3 A4.03 4 14 9 dimension surface to surface dimension to face of stud sheet where section is drawn 2'-4" 2'-4" horizontal hardwood interior left handlaminate (d) kitchen mechanical metal minimum maximum insulate (d), (tion) air conditioningheating/ventilation ac material (s) mounted not to scale over radius not in contract reference roof drain required room refrigerator similar sheathing section squarespeaker suspended structural standard tongue and groove stainless steel specification (s) rough opening revision (s), revised miscellaneous telephone television verticaltypical top of wall with water closetwithout vinyl tile top of finished surface top of curb ac hdwd horiz hvac int ins lamlh kit area drainadjacent between alternate aluminum above finished floor architect (ural) max mech mtl min blocking block building board ad aff adj alt archbtwn al bd bldg blk blkg mtd mtl nic o/ nts catch basin column clear drain concrete concrete masonry unit contract (or) construction ceiling r disposaldimension downspout damper drinking fountain demolish, demolition drawer drawing cb clrcmu col contr d constconc clg dem dfdimdisp dpr ds dwr dwg rd ref reqdrevrm refr elevation each exhaust equipmentequalemergency shth sim ro sec spec spkrsq sst std strsusp t&g exterior existing fire hose stationfire hose cabinet fire extinguisher furnished by others forced air unit floor (ing) fluorescent finish (ed) foundation ea elev eqequip exh emer fau fbo exist ext fe fhcfhs fin fluor flrfnd misc building standardb.s. tel face of finish tfs tv tow typvert w/w/owc vt fireplace footing general contract gage, guage face of wall face of stud galvanized header hose bib gypsum board drywall glass blockglass, glazing hardware fof fos fow fp gc ftg ga glbgv hb hdr gl gypbd hdwr tc face of columnfoc see civil engrs. drawingsscdsee energy calculationssec see struct. engnrs. dwg'sssd plate plywood plaster property line post-tensioned concrete precast concrete overflow scupper on center (s)oc os pccplp.l. plas plywd ptc Abbreviations Vicinity Map AP: 039-061-06 ADDRESS: 165 Avenida Miraflores, Tiburon, California A0.1 COVER & DATA SHEET ASSESSOR PARCEL MAP MAX. BUILDING HEIGHT - 30'-0" MAX. ACCESSORY BUILDING HEIGHT 12'-0" 214 SQ. FT. 2,959 SQ. FT. NEIGHBORHOOD BUILDING ENVELOPE CONTEXT civil engineer Oberkamper & Associates 7200 Redwood Blvd., Suite 308 Novato, CA 94945 TEL: (415) 897-2800 ext. 100 www.oberkamper.com AERIAL VIEW TOTAL FLOOR AREA 2,834 SQ. FT. PERCENTAGE OF LOT AREA 9.0% February 14, 2023 N24° 3 0 ' W 1 9 7 . 6 5 ' S4 6 ° 0 0 ' W 1 9 1 . 2 2 ' N55°00'W 2 0 5 . 5 8 ' S4 4 ° 3 0 ' W 1 0 3 . 9 6 ' S81 ° 3 0 ' W 1 3 . 8 0 ' S81 ° 3 0 ' W 8 . 2 0 ' N \\ I N F O \ D o c u m e n t s \ J o b s \ 2 0 2 2 \ 2 2 - 1 7 1 1 6 5 A v e n i d a M i r a f l o r e s , T i b u r o n - B o u n d a r y a n d T o p o \ D W G \ B A S E S \ 2 2 - 1 7 1 M a s t e r 2 0 2 2 - 1 2 - 2 0 . d w g , S H E E T 1 , 1 2 / 2 7 / 2 0 2 2 9 : 3 3 : 4 8 A M , D W G T o P D F . p c 3 S81°30'W 13.80'S81°30' W 8 . 2 0 ' N 5 5 ° 0 0 ' W 2 0 5 . 5 8 ' N 2 4 ° 3 0 ' W 1 9 7 . 6 5 ' S46°00' W 191.22' S 8 ° 3 0 ' E 1 1 3 . 6 1 ' S44°30'W 103.96' N 8 ° 3 0 ' W 7 7 . 0 0 ' 9 9 . 6 1 ' N44°30'E 37.56' N 8 1 ° 3 0 ' E 2 1 . 0 0 ' S8 1 ° 3 0 ' W 3 0 . 0 0 ' S8 1 ° 3 0 ' W 4 3 . 2 9 ' S 2 6 ° 3 0 ' E 1 6 . 0 0 ' S 1 8 ° 3 0 ' E 9 9 . 9 1 ' 1 4 . 0 0 ' S 8 ° 3 0 ' E 9 5 . 4 3 ' 2 5 . 0 4 ' N 4 5 ° 3 0 ' W 2 0 . 0 0 ' 1 5 . 5 0 ' 1 5 . 5 0 ' 13. 5 0 ' 13. 5 0 ' S 6 3 ° 5 9 ' 3 9 " E 6 0 . 0 0 ' S 1 4 ° 0 7 ' 1 0 " E 8 0 . 0 0 ' S8 1 ° 3 0 ' W 3 5 . 0 0 ' G A Z E B O B U I L D I N G E N V E L O P E A R E A = 3 , 7 6 3 S Q F T B U I L D I N G E N V E L O P E A R E A = 2 , 6 4 9 S Q F T S E C O N D A R Y B U I L D I N G E N V E L O P E A R E A = 3 , 7 1 2 S Q F T T O T A L L O T A R E A = 3 1 , 6 6 4 S Q F T H O U S E D E C K 1 S T S T O R Y S T A I R S S T A I R S P A T I O P A T I O 2 N D S T O R Y D E C K 1 S T S T O R Y P A T I O 2 N D S T O R Y D E C K S T A I R S P A T I O 2 5 " D I F O U N T A I N W A T E R F A L L W A L L S W A L L W A L L S W A L L W A L L S U T I L I T Y S T A I R S W A L L S W A L L S W A L L S W A L L S W A L L S W A L L S B E N C H S T A I R S P A T I O W A L K W A Y A C U N I T D E C K E L E C T R I C V A U L T C A B L E B O X C U R B L G S T A I R S C U R B L G C U R B L G C U R B L G AVENIDA MIRAFLORES SIDEWALKSIDEWALK SIDEWALK W A L L S W A L L G A T E G A T E R O C K P A R K I N G D R I V E W A Y T. 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E . 2 6 7 . 2 W A L L R O C K P A T H W A Y E D G I N G R O C K P A T H W A Y E D G I N G R O C K P A T H W A Y E D G I N G R O C K P A T H W A Y E D G I N G R O C K P A T H W A Y E D G I N G R O C K P A T H W A Y E D G I N G R O C K P A T H W A Y E D G I N G R O C K P A T H W A Y E D G I N G N \\INFO\Documents\Jobs\2022\22-171 165 Avenida Miraflores, Tiburon - Boundary and Topo\DWG\BASES\22-171 SURVEY EXHIBIT.dwg, Layout1, 12/27/2022 9:55:27 AM, DWG To PDF.pc3 > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X DECK 1ST STORY STAIRS STAIRS PATIO PATIO 2ND STORY DECK 1ST STORY PATIO 2ND STORY DECK STAIRS PATIO 25" DIFOUNTAIN WATER FALL WALLS WALL WALLS WALL WALLS UTILITY STAIRS WALLS WALLS WALLS WALLS WALLS WALLS BENCH STAIRS PATIO WALKWAY AC UNIT DECK ELECTRIC VAULT CABLE BOX CURB LG STAIRS CURB LG CURB LG CURB LG AV E N I D A M I R A F L O R E S SI D E W A L K SI D E W A L K SI D E W A L K WALLS WALL GATE GATE ROCK PARKING DRIVEWAY T.B . E . 2 4 2 . 6 7 T.B . E . 2 5 2 . 6 7 T.B . E . T.B . E . 257 . 6 7 T.B. E . T.L.E. 252.67' T.L.E. 262.67' T.B.E. 264.67 T.L.E. 262.67' WALL ROCK PATHWAY EDGING ROCK PATHWAY EDGINGROCK PATHWAY EDGING ROCK PATHWAY EDGING ROCK PATHWAY EDGING ROCK PATHWAY EDGINGROCK PATHWAY EDGING EXISTING GAZEBO N24° 3 0 ' W 1 9 7 . 6 5 ' S4 6 ° 0 0 ' W 1 9 1 . 2 2 ' N55°00'W 20 5 . 5 8 ' S4 4 ° 3 0 ' W 1 0 3 . 9 6 ' S81 ° 3 0 ' W 1 3 . 8 0 ' S81 ° 3 0 ' W 8 . 2 0 ' WO O D F E N C E Residence 165 Avenida Miraflores A.P. 039-261-06 35 ' - 0 " 80 ' - 0 " 60'-0" 5'- 0 " NORTH SECONDARY BUILDING ENVELOPE WITH LANDSCAPE FEATURES & GAZEBO PRIMARY BUILDING ENVELOPE PROPOSED SECONDARY BUILDING ENVELOPE WITH LANDSCAPE FEATURES & GAZEBO = ELEV. 234.0' PRIMARY BUILDING ENVELOPE LEGEND 42'-9" 1 9 ' - 7 " 15' - 6 " 13 ' - 1 0 " 214 SQ. FT BUILDING FOOTPRINT 2,745 SQ. FT F.F . E L E V . 2 2 2 . 3 7 ' X ELEV. 219.0' X 7 1 ' - 1 1 " 112'-1" T.O. SECONDARY B.E. ELEV. 234.0' T.O. SECONDARY B.E. ELEV. 234.0' 1606 Juanita Lane Suite C-6 Tiburon California 94920 415 435 2446 KeFNPannarFKiteFtVFoP plot date revisions © 2023 Michael D. Heckmann AIA no. date / name drawing number PLANNING SUBMITTAL 14 FEBRUARY 2023 PR E C I S E D E V E L O P M E N T P L A N A M E N D M E N T TH E S H A M I R R E S I D E N C E 16 5 A V E N I D A M I R A F L O R E S , T I B U R O N , C A 9 4 9 2 0 A. P . # 0 3 9 - 2 6 1 - 0 6 A1.0 SITE PLAN W/ REVISED BUILDING ENVELOPE 1 SITE PLAN WITH REVISED BULDING ENVELOPE 1" = 1'-0" Tiburon Town Council May 17, 2023 PH-1: 165 Avenida Miraflores PPA Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org Firuze Hariri 163 Avenida Miraflores Tiburon, Ca 94920 firuzehariri@yahoo.com 415-4208300 5/15/2023 To: Tiburon Town Council Re: 165 Avenida Miraflores, proposed new secondary Building Envelope Hello, I am writing to you in opposition to my neighbor’s proposed secondary building envelope as it would negatively impact my property. Attached, please find the images of our three bedrooms. The photos clearly show how close their proposed new property line will be to our property and how it will impact our privacy. Please note, these images have not been edited, photoshopped or zoomed. I have owned and lived in my house since 1977, while our neighbors at 165 Avenida Miraflores just purchased their property a couple of years ago. Once they moved in, they immediately started building a room with windows and glass sliding doors by enclosing the gazebo, which was supposed to be an outdoor space, without a permit. Once they were caught, they filed to add a secondary building envelope so they could proceed with their plan to build a living space by enclosing their gazebo. I feel that it is unfair to retroactively zone an illegal structure that will negatively impact my privacy. Thank you, Firuze Hariri Late Mail - PH-1 TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Public hearing to consider a recommendation from the Planning Commission to amend subsection 16-52.100 of Section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code and Repealing Subsection (Introduction of an Ordinance and First Reading) 16-52.105 of Chapter 16 of Title IV of the Tiburon Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY To adopt revisions to the Accessory Dwelling Units and Junior Accessory Dwelling Units regulations and repeal Subsection 16-52.105 of Chapter 16 of Title IV o the Tiburon Municipal Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units as recommended by the Planning Commission. RECOMMENDED ACTION(S) 1. Move to read by title only and introduce the ordinance waiving further reading. 2. Hold a roll call vote on the introduction. BACKGROUND On February 16, 2022, the Town Council adopted Ordinance No.587 to amend Subsection 16.52.100 regarding accessory dwelling units and junior accessory dwelling units. In recent years, the California Legislature has approved, and the Governor has signed into law a number of bills, that among other things, amend Government Code section 65852.2 and 65852.22 to impose new limits on local authorities to regulate accessory dwelling units (ADU’s) and junior accessory dwelling units (JADUs). The previous bills that went into effect in 2020 are Assembly Bills 68 and 881 and Senate Bill 13. Following the previous bills, in 2020 and 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”). AB 3182 expanded opportunities under which the Town must allow ADU and JADUs providing a streamlined approach and requiring only a building permit. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 17, 2023 Agenda Item: PH-2 Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 2 OF 4 In September 2022, both AB 2221 and SB 897 were signed into law, however AB 2221 currently has no effect because it would have amended the same statute that SB 897 amended, and SB 897 was chaptered after AB 2221. Therefore, AB 2221 was “chaptered out.” Ultimately SB 897 is effective and relevant to the proposed amendments and the Town must comply with Government Code Section 65852.2. On April 26, 2023, the Planning Commission held a public hearing, took testimony and unanimously adopted a resolution recommending the Town Council amend subsection 16-52.100 of Section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code and Repealing Subsection (Introduction of an Ordinance and First Reading) 16-52.105 of Chapter 16 of Title IV of the Tiburon Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units. A copy of the Ordinance is attached as Exhibit 1, and a redline copy of the Ordinance is attached as Exhibit 2. ANALYSIS SB 897 was signed into law and amends Government Code sections 65852.2 and 65852.22 as follows: Height a) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. b) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. c) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. d) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. Front Setbacks The Town has the authority to impose front yard setbacks on ADUs that are subject to an ADU permit. However, SB 897 now requires that the Town must “yield” the front setback to the extent possible to allow for the construction of an 800 square foot ADU provided the applicant can demonstrate that they have a four-foot side and rear setback. The current law that “yields” authority with respect to FAR, lot coverage and open-space requirements, the legislature has included the front setback to this list. Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 3 OF 4 Restrictions on denials If the Town denies an ADU application, a full set of comments listing the specific items that are deficient or defective in the application must be provided to the applicant as well as how the issues can be remedied. Providing a thorough review and comments as well as remedies has been the common practice in Tiburon, we have not denied an ADU. Allowing new configurations for JADU’s Current legislation requires that a JADU must be constructed within the walls of a proposed or existing single-family dwelling. Tiburon planning staff has interpreted this to include non-livable space within the primary dwelling structure including attached garages. SB 897 clarifies that the interpretation was correct. This change is not substantive as to the practices in Tiburon, as we have been considering these configurations in the manner stated. In addition, the law also clarifies that where a JADU shares a bathroom with the primary residence, the JADU must have an interior entry into the main living area independent of the any exterior entrances. Addition of a definition for objective standards The new legislation provides a definition that an “objective standard” means “standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.” The proposed amendment includes this definition. FINANCIAL IMPACT Staff anticipates that there will be no fiscal impact resulting from adoption of the Ordinance. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to the Town of Tiburon. ENVIRONMENTAL REVIEW The proposed amendments to the zoning ordinance and to the accompanying standards are statutorily exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Section 15282, subsection (h) of the CEQA Guidelines. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and consider all testimony. 2. Make revisions as appropriate. 3. Waive first reading of the Ordinance and Read by Title only and approve the Ordinance. Exhibits 1. Draft Town Council Ordinance 2. Draft Town Council Ordinance (redline) Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 4 OF 4 3. Planning Commission resolution recommending the proposed zoning amendment. 4. Staff Report (Planning Commission) April 26, 2023. Prepared By: Dina Tasini, Director of Community Development EXHIBIT 1 Exhibit 1 1 May 17, 2023 TOWN OF TIBURON ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING SUBSECTION 16-52.100 OF SECTION 16-52 OF CHAPTER 16 OF TITLE IV OF THE TIBURON MUNICIPAL CODE AND REPEALING SUBSECTION 16-52.105 OF SECTION 16-52 OF CHAPTER 16 OF TITLE IV OF THE TIBURON MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, in September 2022, the Governor signed SB 897 into law, amending Section 65852.2 and 65852.22 of the Government Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units; and WHEREAS, homeowners who create accessory dwelling units benefit from added income, and an increased sense of security; and WHEREAS, the availability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout the State of California; and WHEREAS, accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; and WHEREAS the new State Accessory Dwelling Unit laws became effective on January 1, 2023; and WHEREAS the Planning Commission held a duly noticed public hearing on April 26, 2023; and WHEREAS, on April 26, 2023, the Planning Commission reviewed the draft ordinance, recommended changes, determined that amendments were exempt from CEQA, and adopted a resolution recommending the draft ordinance to the Town Council. WHEREAS, the State Accessory Dwelling Unit laws were further updated and became effective on January 1, 2023. To provide clarity on the streamlined review process for Accessory Dwelling Units and Junior Accessory Dwelling Units, an updated ordinance was prepared with recommended changes to comply with the State Accessory Dwelling Unit laws; and Exhibit 1 2 May 17, 2023 WHEREAS, the Planning Commission, held a public hearing on March 22, 2023 and considered the proposed amendments to the accessory dwelling units ordinance and consider whether to recommend that Town Council amend the text to include additional language to address the amendments set forth in the new legislation, SB 897; and NOW, THEREFORE, BE IT RESOLVED THAT Section 1. Findings The above recitals are hereby declared to be true and correct findings of the Town Council of the Town of Tiburon. Section 2. Repeal of Subsection 16-52.100 of the Municipal Code. Subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code is hereby repealed in its entirety. Section 3. Adoption of Subsection 16-52.100 the Municipal Code. A new subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code is hereby adopted, as set forth in Exhibit A, attached hereto and incorporated herein by reference. Section 4. Repeal of Subsection 16-52.105 of the Municipal Code. Section 16-52.105 of the Municipal Code is hereby repealed in its entirety. Section 5. Compliance with CEQA. The proposed amendments to the zoning ordinance and to the accompanying standards are statutorily exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Section 15282, subsection (h) of the CEQA Guidelines. Section 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 7. Effective Date and Publication. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) Exhibit 1 3 May 17, 2023 post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on May 17, 2023, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on June 7, 2023, by the following vote: PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on May 17, 2023, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: _______________________________ JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: ______________________________ LEA DILENA, TOWN CLERK 1 Exhibit 1 Town of Tiburon Ordinance No. XXX May 17, 2023 Exhibit A Proposed Ordinance Chapter 16-52.100- Accessory Dwelling Unit This purpose of this chapter is to provide for the creation of Accessory Dwelling Units (“unit”) and Junior Accessory Dwelling Units in a manner consistent with State law. The purpose for the Town of Tiburon is to expand the opportunity to provide a variety of housing opportunities, while still preserving the character of the Town. A. Definitions 1. “Accessory Dwelling Unit” (“ADU”) shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing dwelling. It shall include permanent provision for living sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is or will be situated. It also includes an efficiency unit and manufactured homes (as defined in Section 18007 of the Health and Safety Code. 2. “Junior Accessory Dwelling Unit” (“JADU”) shall mean a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A Junior Accessory Dwelling Unit must include an efficiency kitchen with a sink, cooking facility with appliances that do not require electrical service greater than 120 volts, and a food preparation area that is of reasonable size in relation to the size of the unit. The Junior Accessory Dwelling Unit must include a separate entrance from the main entrance to the structure. The Junior Accessory Dwelling Unit may include an interior entrance connecting the Junior Accessory Dwelling Unit and the primary dwelling unit. The interior entrance may include a second interior doorway for sound attenuation. 3. “Internal Accessory Dwelling Unit” means an Accessory Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure, has independent exterior access, and does not add any floor area to an existing structure. 4. “Attached Accessory Dwelling Unit” means an Accessory Dwelling Unit that shares a common wall with the primary dwelling unit on the lot, either by being constructed as a physical expansion (i.e., addition) of the primary dwelling unit, conversion of an existing garage attached to the primary dwelling, or installation of a new basement underneath an existing primary dwelling unit. 5. “Detached Accessory Dwelling Unit” means an Accessory Dwelling Unit that is constructed as a separate structure from the primary dwelling unit on the lot or is created by the conversion (full or partial) of an existing detached accessory building into an Accessory Dwelling Unit. 6. “Accessory Structure” means a structure that is accessory and incidental to a dwelling located on the same lot. 7. “Efficiency Unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. 8. “Nonconforming zoning condition” means a physical improvement on a property that 2 Exhibit 1 Town of Tiburon Ordinance No. XXX May 17, 2023 does not conform with current zoning standards. 9. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. 10. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 11. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. 12. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. B. Accessory Dwelling Units B.1 Administration. This section provides for the establishment and reasonable regulation of Accessory Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health safety and welfare of the town. 1. Application and fee. Applications for an Accessory Dwelling Unit shall be processed ministerially and shall be accompanied by the appropriate fee. Accessory Dwelling Unit shall be permitted through issuance of a building permit. 2. Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted on lots zoned to allow single-family or multi family dwelling residential use. 3. Director of community development as review authority. Building permit applications for Accessory Dwelling Units shall be acted upon by the director ministerially without discretionary review or a public hearing. The permit shall be reviewed and approved through the Building Division. The building permit application shall be acted upon within 60 days from receipt of a completed application and if not acted upon within that timeline the application shall be deemed approved. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the director. 4. Approved existing Accessory Dwelling Units remain valid. Any secondary dwelling unit legally established with an approved conditional use permit prior to July 1, 2003, and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary dwelling units established by any such conditional use permit shall continue to comply with all conditions of original permit approval, and with building code for secondary dwelling units in effect at the time of permit approval. The Town shall not require the correction of any nonconforming zoning condition as a condition of approval for an Accessory Dwelling Unit. 3 Exhibit 1 Town of Tiburon Ordinance No. XXX May 17, 2023 5. Expiration. Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division. 6. Periodic update. The director shall maintain a record of all legal Accessory Dwelling Units and all legal secondary dwelling units and shall review and update the record every two years. 7. Violations considered an infraction. Violations of this section shall be punished as infractions or by administrative citation, in the discretion of the director and shall be subject to the provisions of section 16-56.030 (violations and penalties) and/or Chapter 31 (enforcement of code). 8. Administrative Review. The decision of the director granting or denying an Accessory Dwelling Unit permit is a ministerial decision as required by state law, and not subject to a public hearing. 9. Density. Pursuant to California Government Code Section 68552.2, no Accessory Dwelling Unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the land use element of the Tiburon General Plan, and Accessory Dwelling Units are deemed a residential use that is consistent with the existing general plan and zoning for the lot. B.2 Development Standards. 1. Rental. The Accessory Dwelling Unit may be rented separate from the Primary Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Accessory Dwelling Unit may not be sold separately from the Primary Unit. 2. Location on Lot. The Accessory Dwelling Unit shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building by a minimum of six (6) feet, or as may otherwise be required by the building code. 3. Guaranteed Allowance. All standards related to size, limits on lot coverage, floor area ratio, open space and/or minimum lot size that apply to an Accessory Dwelling Unit shall not prohibit an Accessory Dwelling Unit measuring 850 square feet of floor area or less, a height of 16 feet or less, and four-foot side and rear yard setbacks, provided the Accessory Dwelling Unit complies with all other applicable standards. For an Accessory Dwelling Unit that exceeds these standards, the architectural compatibility objective design standards outlined in the subsequent sections shall be applied. 4. Size – Attached ADUs. The total floor area of an attached Accessory Dwelling Unit shall be as follows: 4 Exhibit 1 Town of Tiburon Ordinance No. XXX May 17, 2023 Table 1: Attached ADU Floor Area ADU Type ADU Floor Area One bedroom or less The total area of floor space shall not exceed 850 sq. ft. For lots greater than 10,000 sq. ft, the total floor space shall not exceed 1,000 sq. ft. More than one bedroom The total area of floor space shall not exceed 1,200 sq. ft The total floor area of an attached ADU may not exceed 50% of an existing primary dwelling, notwithstanding the guaranteed allowance. 5. Size – Detached ADUs. The total floor area of detached Accessory Dwelling Units shall be as follows: Table 2: Detached ADU Floor Area ADU Type ADU Floor Area One bedroom or less The total area of floor space shall not exceed 850 sq. ft. For lots greater than 10,000 sq. ft, the total floor space shall not exceed 1,000 sq. ft. More than one bedroom The total area of floor space shall not exceed 1,200 sq. ft. 6. For Accessory Dwelling Units which exceed the maximum size limitations set forth in Table 1 or Table 2, Site Plan and Architectural Review will be required as well as 5 Exhibit 1 Town of Tiburon Ordinance No. XXX May 17, 2023 a building permit, if approved. As part of this review, the ADU shall comply with all regulations set forth within the land use designation. 7. Setback. Minimum setbacks of Accessory Dwelling Units shall be as follows: Table 3. Minimum Property Line Setback 8. Side yard setback and height will be verified by a licensed surveyor. 9. Setback exceptions. No Setback shall be required for a lawfully constructed garage in existence prior to January 1, 2017 that is converted in whole or part to an Accessory Dwelling Unit. 10. Height. a. A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. b. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. Property Line ADU Type Attached and Detached Internal Front A front setback must yield to the extent necessary to enable the construction of an 800 square foot ADU with four-foot side- and rear-yard setbacks. None required Side/Rear 4 ft.* *No Setback shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an Accessory Dwelling Unit or to a portion of an Accessory Dwelling Unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. 6 Exhibit 1 Town of Tiburon Ordinance No. XXX May 17, 2023 c. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. d. A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. 11. Historic Structures. No demolition of a historic building (Local, State, or Federal Listing) is allowed as part of the construction of an Accessory Dwelling Unit. 12. Parking. a. One off-street parking space per Accessory Dwelling Unit shall be required, unless parking exceptions as set forth in section (B) 13 of this Section apply. b. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit or converted to an Accessory Dwelling Unit, those off-street parking spaces need not be replaced. These spaces may be provided as tandem parking on a driveway. 13. Parking exceptions. No parking shall be required of an Accessory Dwelling Unit in any of the following instances: a. The Accessory Dwelling Unit is located within one-half mile walking distance of public transit, as measured along path of travel. b. The Accessory Dwelling Unit is located within an architecturally and historically significant historic district. c. The Accessory Dwelling Unit is part of the proposed or existing primary residence or an accessory structure, including the conversion of existing garage or carport. d. When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit. e. When there is a car share vehicle located within one block of the Accessory Dwelling Unit. "Car share vehicle" shall mean a fixed location identified in a map available to the general public where at least one automobile is available daily for immediate use by the general public or members of a car share service, which vehicle may be reserved for use and accessed at any time through an automated application, kiosk, or other method not requiring a live attendant. This term shall not include vehicles returned to locations other than fixed locations where automobiles are not routinely available for immediate use. f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. 7 Exhibit 1 Town of Tiburon Ordinance No. XXX May 17, 2023 14. Fire Sprinklers. Fire sprinklers are not required in an Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required. 15. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the following objective architectural standards. a. Color and Materials. The color and materials of the Accessory Dwelling Unit shall match the Primary Unit. b. Lighting. Lighting shall be shielded and/or directed such that it does not produce glare visible from off-site or illuminate adjacent or nearby property. c. The Accessory Dwelling Unit shall be located at least 10 feet from the top of any creek bank that exists on the lot of the proposed Accessory Dwelling Unit. The top of creek bank shall be defined by a licensed civil engineer. d. The Accessory Dwelling Unit shall have a permanent full kitchen with a sink, refrigerator, and stove/oven. Only one kitchen is allowed per Accessory Dwelling Unit. e. No exterior lights are allowed except two shielded downward pointing lights at the entry to the Accessory Dwelling Unit. f. No windows facing the rear and side property lines are allowed when located less than 6 feet from the rear or side property line. g. No entryways are allowed within 10 feet of a side or rear property line. h. The Accessory Dwelling Unit is not allowed on any open space easement. A title report shall be provided to identify all open-space easements. i. The Accessory Dwelling Unit shall not have any reflective roof or building material. j. The roof color of the Accessory Dwelling Unit shall use similar roof materials and color as the primary dwelling unit. k. No vents, flues, or appurtenances shall exceed the height limit. l. No signs are allowed on Accessory Dwelling Unit except an address sign. m. No portico, trellis or other roof is allowed as part of the Accessory Dwelling Unit. A 5x5 foot entryway roof is allowed but must be at least 10 feet from any property line. n. All Building Code requirements, including Appendix Q of the 2019 Residential Code (Tiny Houses) shall apply to all Accessory Dwelling Units. o. The Accessory Dwelling Unit shall not include any other item that would require discretionary approval, including but not limited to an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the exterior. p. Two trees shall be planted at each proposed window of the Accessory Dwelling Unit facing a neighboring property where such trees are consistent with the Fire Code. 16. Any protected tree to be removed as part of a new Accessory Dwelling Unit shall require a tree removal permit. 8 Exhibit 1 Town of Tiburon Ordinance No. XXX May 17, 2023 17. Fire District Regulations. The Accessory Dwelling Unit shall comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. 18. Sanitary Service. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit shall be available. If the lot is connected to the public sewer system, the applicant shall submit a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant shall submit a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit. 19. Separate Utility Connection. New and separate utility connections shall be required directly between the Accessory Dwelling Unit and the utility. Consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service, a. Exception. An accessory dwelling unit or junior accessory dwelling unit described in Government Code section 65852.2(e)(1)(A) shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. 20. Premises identification. Any town-assigned street address number for the Accessory Dwelling Unit shall be plainly visible and legible from the street fronting the property as required by the applicable building code. 21. Exterior Access and Passageways. a. Internal Dwelling Units. Internal Accessory Dwelling Units shall have independent exterior access separate from the primary dwelling. b. Attached Accessory Dwelling Units. Independent exterior access separate from the primary dwelling is required. No internal connection is permitted for attached Accessory Dwelling Units. Exterior access may not encroach into required setbacks. c. No passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit. C. Junior Accessory Dwelling Units C.1 Administration. This section provides for the establishment and reasonable regulation of Junior Accessory Dwelling Units in order to encourage housing opportunities for all segments of the 9 Exhibit 1 Town of Tiburon Ordinance No. XXX May 17, 2023 population while ensuring the public health, safety, and welfare. 1. Building permit required. No Junior Accessory Dwelling Unit shall be established or used unless a building permit has been issued by the town. 2. Director of community development as review authority. Applications for Junior Accessory Dwelling Unit permits shall be acted upon by the director without discretionary review or a public hearing. The Director shall act on the application within 60 days from receipt of a completed application if there is an existing single- family or multifamily dwelling on the lot. If the application is submitted with a permit application to create a new single-family dwelling on the lot, the Director may delay acting on the application for the Accessory Dwelling Unit until the Town acts on the permit application to create the new single-family dwelling, but the application to create the Accessory Dwelling Unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. 3. Grant of Junior Accessory Dwelling Unit permit. In order to grant a Junior Accessory Dwelling Unit permit, the Director shall find that the Junior Accessory Dwelling Unit would comply with the standards set forth in subsection C (2) of this section. 4. Building permits. A building permit and a certificate of occupancy shall be required in conjunction with the installation of a Junior Accessory Dwelling Unit. Any repair, rehabilitation, or other work associated with the installation of the Junior Accessory Dwelling Unit shall also obtain building permits where required by law. 5. Expiration. Junior Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division. 6. Periodic update. The director shall maintain a record of all authorized Junior Accessory Dwelling Units and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the Junior Accessory Dwelling Unit is in compliance with the standards for Junior Accessory Dwelling Units and with all operating requirements of the permit as set forth in applicable ordinances and regulations. C.2 Development Standards. 1. Maximum Size. Junior Accessory Dwelling Units shall be no greater than 500 square feet in size and contained entirely within a single-family residence. The junior accessory dwelling unit may include an expansion of not more than 150 square feet beyond the physical dimensions as the existing accessory structure. The expansion shall be limited to accommodating ingress and egress. 2. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit or the Junior Accessory Dwelling Unit) shall be owner-occupied. For purposes of this standard, "owner" is defined as a person or entity with a majority (i.e., fifty-one percent or greater) interest in the property. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party 10 Exhibit 1 Town of Tiburon Ordinance No. XXX May 17, 2023 named, unless shares are specified, in which case ownership requires a majority interest. 3. Junior Accessory Dwelling Units shall not be sold separately. A prohibition on the sale of the Junior Accessory Dwelling Unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. 4. Rental. The Junior Accessory Dwelling Unit may be rented separate from the Primary Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Junior Accessory Dwelling Unit may not be sold separately from the Primary Unit. 5. Location. No more than one Junior Accessory Dwelling Unit is permitted on a residential lot within an existing single-family structure. No setbacks apply to Internal/Junior Accessory Dwelling Units. 6. Size. Maximum floor area allowed is 500 square feet. 7. Architectural Compatibility. The Junior Accessory Dwelling Unit shall comply with the following objective design standards: a. All Building Code requirements, including Appendix Q of the 2019 Residential Code (Tiny Houses) shall apply to all Junior Accessory Dwelling Units. b. The Junior Accessory Dwelling Unit shall have a permanent efficiency kitchen as defined in A (2). Only one kitchen is allowed per Junior Accessory Dwelling Unit. c. A Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. d. No portico, trellis or other roof is allowed as part of the Junior Accessory Dwelling Unit. e. The Junior Accessory Dwelling Unit shall not include any other item that would require discretionary approval, including but not limited to an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the exterior. f. No signs are allowed on Junior Accessory Dwelling Unit except an address sign. 8. Fire Sprinklers. Fire sprinklers are not required in a Junior Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required. 9. Exterior Access and Passageways. Junior Accessory Dwelling Units shall have independent exterior access separate from the primary dwelling. D. Accessory Dwelling Units Subject to Limited Standards. The City shall ministerially approve an application for a building permit within a residential or mixed-use district to create the following types of Accessory Dwelling Units. The City shall only permit one type of the following Accessory Dwelling Units per lot. For each type of Accessory Dwelling Unit, the City shall require compliance only 11 Exhibit 1 Town of Tiburon Ordinance No. XXX May 17, 2023 with the development standards in this subjection. Standards provided above in subsections (B) and (C) do not apply to the following types of Accessory Dwelling Units: 1. Internal Accessory Dwelling Units. One Accessory Dwelling Unit or Junior Accessory Dwelling Unit per lot with a proposed or existing single-family dwelling if all of the following apply: a. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit, as such use is classified in TMC 16.52.100 is within the proposed space of a single- family dwelling or existing space of a single- family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the proposed or existing single- family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The Junior Accessory Dwelling Unit complies with the requirements of California Government Code Section 65852.22. 2. Detached Accessory Dwelling Units. One detached, new construction, Accessory Dwelling Unit for a lot with a proposed or existing single-family dwelling. The Accessory Dwelling Unit may be combined with a Junior Accessory Dwelling Unit described previously in subsection (C), or an Internal Accessory Dwelling Units described in this section. The detached Accessory Dwelling Unit must comply with the following: a. Maximum floor area: 800 square feet. b. Maximum height: 16 feet. c. Minimum rear and side setbacks: four feet. 3. Non-Livable Multifamily Space. Multiple Accessory Dwelling Units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following: a. At least one Accessory Dwelling Unit is allowed within an existing multifamily dwelling up to maximum of 25 percent of the existing multifamily dwelling units; and b. Each Accessory Dwelling Unit shall comply with building code standards for dwellings. 4. Detached Accessory Dwelling Units on Multifamily Lots. In the event an Accessory Dwelling Unit is proposed on a lot that has an existing multifamily dwelling but is detached from that multifamily dwelling, no more than two Accessory Dwelling Units are permitted. The Accessory Dwelling Units, are subject to the following: a. Maximum height: 16 feet. b. Minimum rear and side setbacks: four feet. EXHIBIT 2 1 Exhibit 2 May 17, 2023 TOWN OF TIBURON ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING SUBSECTION 16-52.100 OF SECTION 16-52 OF CHAPTER 16 OF TITLE IV OF THE TIBURON MUNICIPAL CODE AND REPEALING SUBSECTION 16-52.105 OF SECTION 16-52 OF CHAPTER 16 OF TITLE IV OF THE TIBURON MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, in September 2022, the Governor signed SB 897 into law, amending Section 65852.2 and 65852.22 of the Government Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units; and WHEREAS, homeowners who create accessory dwelling units benefit from added income, and an increased sense of security; and WHEREAS, the availability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout the State of California; and WHEREAS, accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; and WHEREAS the new State Accessory Dwelling Unit laws became effective on January 1, 2023; and WHEREAS the Planning Commission held a duly noticed public hearing on April 26, 2023; and WHEREAS, on April 26, 2023, the Planning Commission reviewed the draft ordinance, recommended changes, determined that amendments were exempt from CEQA, and adopted a resolution recommending the draft ordinance to the Town Council. WHEREAS, the State Accessory Dwelling Unit laws were further updated and became effective on January 1, 2023. To provide clarity on the streamlined review process for Accessory Dwelling Units and Junior Accessory Dwelling Units, an updated ordinance was prepared with recommended changes to comply with the State Accessory Dwelling Unit laws; and 2 Exhibit 2 May 17, 2023 WHEREAS, the Planning Commission, held a public hearing on March 22, 20231 and considered the proposed amendments to the accessory dwelling units ordinance and consider whether to recommend that Town Council amending the text to include additional language to address the amendments set forth in the new legislation, SB 897; and NOW, THEREFORE, BE IT RESOLVED THAT Section 1. Findings The above recitals are hereby declared to be true and correct findings of the Town Council of the Town of Tiburon. Section 2. Repeal of Subsection 16-52.100 the Municipal Code. Subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code is hereby repealed in its entirety. Section 3. Adoption of Subsection 16-52.100 the Municipal Code. A new subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code is hereby adopted, as set forth in Exhibit A, attached hereto and incorporated herein by reference. Section 4. Repeal of Subsection 16-52.105 of the Municipal Code. Section 16-52.105 of the Municipal Code is hereby repealed in its entirety. Section 5. Compliance with CEQA. The proposed amendments to the zoning ordinance and to the accompanying standards are statutorily exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Section 15282, subsection (h) of the CEQA Guidelines. Section 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 7. Effective Date and Publication. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which 3 Exhibit 2 May 17, 2023 adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on May 17, 2023, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on June 7, 2023, by the following vote: PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on May 17, 2023, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: _______________________________ JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: ______________________________ LEA DILENA, TOWN CLERK 1 1 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 Exhibit A Proposed Ordinance Chapter 16-52.100- Accessory Dwelling Unit This purpose of this chapter is to provide for the creation of Accessory Dwelling Units (“unit”) and Junior Accessory Dwelling Units in a manner consistent with State law. The purpose for the Town of Tiburon is to expand the opportunity to provide a variety of housing opportunities, while still preserving the character of the Town. A. Definitions 1. “Accessory Dwelling Unit” (“ADU”) shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing dwelling. It shall include permanent provision for living sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is or will be situated. It also includes an efficiency unit and manufactured homes (as defined in Section 18007 of the Health and Safety Code. 2. “Junior Accessory Dwelling Unit” (“JADU”) shall mean a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A Junior Accessory Dwelling Unit must include an efficiency kitchen with a sink, cooking facility with appliances that do not require electrical service greater than 120 volts, and a food preparation area that is of reasonable size in relation to the size of the unit. The Junior Accessory Dwelling Unit must include a separate entrance from the main entrance to the structure. The Junior Accessory Dwelling Unit may include an interior entrance connecting the Junior Accessory Dwelling Unit and the primary dwelling unit. The interior entrance may include a second interior doorway for sound attenuation. 3. “Internal Accessory Dwelling Unit” means an Accessory Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure, has independent exterior access, and does not add any floor area to an existing structure. 4. “Attached Accessory Dwelling Unit” means an Accessory Dwelling Unit that shares a common wall with the primary dwelling unit on the lot, either by being constructed as a physical expansion (i.e., addition) of the primary dwelling unit, conversion of an existing garage attached to the primary dwelling, or installation of a new basement underneath an existing primary dwelling unit. 5. “Detached Accessory Dwelling Unit” means an Accessory Dwelling Unit that is constructed as a separate structure from the primary dwelling unit on the lot or is created by the conversion (full or partial) of an existing detached accessory building into an Accessory Dwelling Unit. 6. “Accessory Structure” means a structure that is accessory and incidental to a dwelling located on the same lot. 7. “Efficiency Unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. 8. “Nonconforming zoning condition” means a physical improvement on a property that 2 2 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 does noyt conform with current zoning standards. 9. “Objective Design Standards” objective standard is as a standard involves “no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal“Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. 10. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 11. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. 5.12. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. B. Accessory Dwelling Units B.1 Administration. This section provides for the establishment and reasonable regulation of Accessory Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health safety and welfare of the town. 1. Application and fee. Applications for an Accessory Dwelling Unit shall be processed ministerially and shall be accompanied by the appropriate fee. Accessory Dwelling Unit shall be permitted through issuance of a building permit. 2. Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted on lots zoned to allow single-family or multi family dwelling residential use. 3. Director of community development as review authority. Building permit applications for Accessory Dwelling Units shall be acted upon by the director ministerially without discretionary review or a public hearing. The permit shall be reviewed and approved through the Building Division. The building permit application shall be acted upon within 60 days from receipt of a completed application and if not acted upon within that timeline the application shall be deemed approved. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the director. 4. Approved existing Accessory Dwelling Units remain valid. Any secondary dwelling unit legally established with an approved conditional use permit prior to July 1, 2003, and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary dwelling units established by any such conditional use permit shall continue to comply 3 3 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 with all conditions of original permit approval, and with building code for secondary dwelling units in effect at the time of permit approval. The Town shall not require the correction of any nonconforming zoning condition as a condition of approval for an Accessory Dwelling Unit. 5. Expiration. Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division. 6. Periodic update. The director shall maintain a record of all legal Accessory Dwelling Units and all legal secondary dwelling units and shall review and update the record every two years. 7. Violations considered an infraction. Violations of this section shall be punished as infractions or by administrative citation, in the discretion of the director and shall be subject to the provisions of section 16-56.030 (violations and penalties) and/or Chapter 31 (enforcement of code). 8. Administrative Review. The decision of the director granting or denying an Accessory Dwelling Unit permit is a ministerial decision as required by state law, and not subject to a public hearing. 9. Density. Pursuant to California Government Code Section 68552.2, no Accessory Dwelling Unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the land use element of the Tiburon General Plan, and Accessory Dwelling Units are deemed a residential use that is consistent with the existing general plan and zoning for the lot. B.2 Development Standards. 1. Rental. The Accessory Dwelling Unit may be rented separate from the Primary Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Accessory Dwelling Unit may not be sold separately from the Primary Unit. 2. Location on Lot. The Accessory Dwelling Unit shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building by a minimum of six (6) feet, or as may otherwise be required by the building code. 3. Guaranteed Allowance. All standards related to size, limits on lot coverage, floor area ratio, open space and/or minimum lot size that apply to an Accessory Dwelling Unit shall not prohibit an Accessory Dwelling Unit measuring 85000 square feet of floor area or less, a height of 16 feet or less, and four-foot side and rear yard setbacks, provided the Accessory Dwelling Unit complies with all other applicable standards. For an Accessory Dwelling Unit that exceeds these standards, the architectural compatibility objective design standards outlined in the subsequent sections shall be applied. 4. Size – Attached ADUs. The total floor area of an attached Accessory Dwelling Unit 4 4 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 shall be as follows: Table 1: Attached ADU Floor Area ADU Type ADU Floor Area One bedroom or less The total area of floor space shall not exceed 850 sq. ft. For lots greater than 10,000 sq. ft, the total floor space shall not exceed 1,000 sq. ft. More than one bedroom The total area of floor space shall not exceed 1,200 sq. ft In no case may tThe total floor area of an attached ADU may not exceed 50% of an existing primary dwelling, notwithstanding the guaranteed allowance. 5. Size – Detached ADUs. The total floor area of detached Accessory Dwelling Units shall be as follows: Table 2: Detached ADU Floor Area ADU Type ADU Floor Area One bedroom or less The total area of floor space shall not exceed 850 sq. ft. For lots greater than 10,000 sq. ft, the total floor space shall not exceed 1,000 sq. ft. More than one bedroom The total area of floor space shall not exceed 1,200 sq. ft. 5 5 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 6. For Accessory Dwelling Units which exceed the maximum size limitations set forth in Table 1 or Table 2, Site Plan and Architectural Review will be required as well as a building permit, if approved. As part of this review, the ADU shall comply with all regulations set forth within the land use designation. 7. Setback. Minimum setbacks of Accessory Dwelling Units shall be as follows: Table 3. Minimum Property Line Setback 8. Side yard setback and height will be verified by a licensed surveyor. 9. Setback exceptions. No Setback shall be required for a lawfully constructed garage in existence prior to January 1, 2017 that is converted in whole or part to an Accessory Dwelling Unit. 10. Height. 9. Height. One story Accessory Dwelling Units shall have a height limit of 16 feet or Property Line ADU Type Attached and Detached Internal Front A front setback must yield to the extent necessary to enable the construction of an 800 square foot ADU with four-foot side- and rear-yard setbacks. Same as applicable zone to the primary dwelling unit. In the case of an ADU within a Precise Plan Area or Residential Planned Development Area where no front setback is prescribed, the front setback shall be 30 feet None required Side/Rear 4 ft.* *No Setback shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an Accessory Dwelling Unit or to a portion of an Accessory Dwelling Unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.. 6 6 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 no taller than the primary residence at the area of attachment and in no case greater than 30 feet. Accessory Dwelling Units may be two stories and no greater in height than 30 feet.a) aA height of 16 feet for a detached accessory dwelling unit on a lot with an exsitingexisting or proposed single family or multifamily dwelling unit. b) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. c) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. d) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. 10. 11. Historic Structures. No demolition of a historic building (Local, State, or Federal Listing) is allowed as part of the construction of an Accessory Dwelling Unit. 12. Parking. a. One off-street parking space per Accessory Dwelling Unit shall be required, unless parking exceptions as set forth in section (B) 13 of this Section apply. b. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit or converted to an Accessory Dwelling Unit, those off-street parking spaces need not be replaced. These spaces may be provided as tandem parking on a driveway. 13. Parking exceptions. No parking shall be required of an Accessory Dwelling Unit in any of the following instances: a. The Accessory Dwelling Unit is located within one-half mile walking distance of public transit, as measured along path of travel. b. The Accessory Dwelling Unit is located within an architecturally and historically significant historic district. c. The Accessory Dwelling Unit is part of the proposed or existing primary residence or an accessory structure, including the conversion of existing garage or carport. d. When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit. e. When there is a car share vehicle located within one block of the Accessory Dwelling Unit. "Car share vehicle" shall mean a fixed location identified in 7 7 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 a map available to the general public where at least one automobile is available daily for immediate use by the general public or members of a car share service, which vehicle may be reserved for use and accessed at any time through an automated application, kiosk, or other method not requiring a live attendant. This term shall not include vehicles returned to locations other than fixed locations where automobiles are not routinely available for immediate use. e.f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. 14. Fire Sprinklers. Fire sprinklers are not required in an Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required. 15. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the following objective architectural standards. a. Color and Materials. The color and materials of the Accessory Dwelling Unit shall match the Primary Unit. b. Lighting. Lighting shall be shielded and/or directed such that it does not produce glare visible from off-site or illuminate adjacent or nearby property. c. The Accessory Dwelling Unit shall be located at least 10 feet from the top of any creek bank that exists on the lot of the proposed Accessory Dwelling Unit. The top of creek bank shall be defined by a licensed civil engineer. d. The Accessory Dwelling Unit shall have a permanent full kitchen with a sink, refrigerator, and stove/oven. Only one kitchen is allowed per Accessory Dwelling Unit. e. No exterior lights are allowed except two shielded downward pointing lights at the entry to the Accessory Dwelling Unit. f. No windows facing the rear and side property lines are allowed when located less than 6 feet from the rear or side property line. g. No entryways are allowed within 10 feet of a side or rear property line. h. The Accessory Dwelling Unit is not allowed on any open space easement. A title report shall be provided to identify all open-space easements. i. The Accessory Dwelling Unit shall not have any reflective roof or building material. j. The roof color of the Accessory Dwelling Unit shall use similar roof materials and color as the primary dwelling unit. k. No vents, flues, or appurtenances shall exceed the height limit. l. No signs are allowed on Accessory Dwelling Unit except an address sign. m. No portico, trellis or other roof is allowed as part of the Accessory Dwelling Unit. A 5x5 foot entryway roof is allowed but must be at least 10 feet from any property line. n. All Building Code requirements, including Appendix Q of the 2019 8 8 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 Residential Code (Tiny Houses) shall apply to all Accessory Dwelling Units. o. The Accessory Dwelling Unit shall not include any other item that would require discretionary approval, including but not limited to an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the exterior. p. Two trees shall be planted at each proposed window of the Accessory Dwelling Unit facing a neighboring property where such trees are consistent with the Fire Code. 16. Any protected tree to be removed as part of a new Accessory Dwelling Unit shall require a tree removal permit. 17. Fire District Regulations. The Accessory Dwelling Unit shall comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. 18. Sanitary Service. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit shall be available. If the lot is connected to the public sewer system, the applicant shall submit a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant shall submit a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit. 19. Separate Utility Connection. New and separate utility connections shall be required directly between the Accessory Dwelling Unit and the utility. Consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service, 19.a. Exception. An accessory dwelling unit or junior accessory dwelling unit described in Government Code section 65852.2(e)(1)(A) shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. 20. Premises identification. Any town-assigned street address number for the Accessory Dwelling Unit shall be plainly visible and legible from the street fronting the property as required by the applicable building code. 21. Exterior Access and Passageways. a. Internal Dwelling Units. Internal Accessory Dwelling Units shall have independent exterior access separate from the primary dwelling. b. Attached Accessory Dwelling Units. Independent exterior access separate 9 9 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 from the primary dwelling is required. No internal connection is permitted for attached Accessory Dwelling Units. Exterior access may not encroach into required setbacks. c. No passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit. C. Junior Accessory Dwelling Units C.1 Administration. This section provides for the establishment and reasonable regulation of Junior Accessory Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare. 1. Building permit required. No Junior Accessory Dwelling Unit shall be established or used unless a building permit has been issued by the town. 2. Director of community development as review authority. Applications for Junior Accessory Dwelling Unit permits shall be acted upon by the director without discretionary review or a public hearing. The Director shall act on the application within 60 days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot. If the application is submitted with a permit application to create a new single-family dwelling on the lot, the Director may delay acting on the application for the Accessory Dwelling Unit until the Town acts on the permit application to create the new single-family dwelling, but the application to create the Accessory Dwelling Unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. 3. Grant of Junior Accessory Dwelling Unit permit. In order to grant a Junior Accessory Dwelling Unit permit, the Director shall find that the Junior Accessory Dwelling Unit would comply with the standards set forth in subsection C (2) of this section. 4. Building permits. A building permit and a certificate of occupancy shall be required in conjunction with the installation of a Junior Accessory Dwelling Unit. Any repair, rehabilitation, or other work associated with the installation of the Junior Accessory Dwelling Unit shall also obtain building permits where required by law. 5. Expiration. Junior Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division. 6. Periodic update. The director shall maintain a record of all authorized Junior Accessory Dwelling Units and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the Junior Accessory Dwelling Unit is in compliance with the standards for Junior Accessory Dwelling Units and with all operating requirements of the permit as set forth in applicable ordinances and regulations. 10 10 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 C.2 Development Standards. 1. Maximum Size. Junior Accessory Dwelling Units shall be no greater than 500 square feet in size and contained entirely within a single-family residence. The junior accessory dwelling unit may include an expansion of not more than 150 square feet beyond the physical dimensions as the existing accessory structure. The expansion shall be limited to accommodating ingress and egress. 2. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit or the Junior Accessory Dwelling Unit) shall be owner-occupied. For purposes of this standard, "owner" is defined as a person or entity with a majority (i.e., fifty-one percent or greater) interest in the property. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 3. Junior Accessory Dwelling Units shall not be sold separately. A prohibition on the sale of the Junior Accessory Dwelling Unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. 4. Rental. The Junior Accessory Dwelling Unit may be rented separate from the Primary Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Junior Accessory Dwelling Unit may not be sold separately from the Primary Unit. 5. Location. No more than one Junior Accessory Dwelling Unit is permitted on a residential lot within an existing single-family structure. No setbacks apply to Internal/Junior Accessory Dwelling Units. 6. Size. Maximum floor area allowed is 500 square feet. 7. Architectural Compatibility. The Junior Accessory Dwelling Unit shall comply with the following objective design standards: a. All Building Code requirements, including Appendix Q of the 2019 Residential Code (Tiny Houses) shall apply to all Junior Accessory Dwelling Units. b. The Junior Accessory Dwelling Unit shall have a permanent efficiency kitchen as defined in A (2). Only one kitchen is allowed per Junior Accessory Dwelling Unit. c. A Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. d. No portico, trellis or other roof is allowed as part of the Junior Accessory Dwelling Unit. e. The Junior Accessory Dwelling Unit shall not include any other item that would require discretionary approval, including but not limited to an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the exterior. f. No signs are allowed on Junior Accessory Dwelling Unit except an 11 11 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 address sign. 8. Fire Sprinklers. Fire sprinklers are not required in a Junior Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required. 9. Exterior Access and Passageways. Junior Accessory Dwelling Units shall have independent exterior access separate from the primary dwelling. D. Accessory Dwelling Units Subject to Limited Standards. The City shall ministerially approve an application for a building permit within a residential or mixed-use district to create the following types of Accessory Dwelling Units. The City shall only permit one type of the following Accessory Dwelling Units per lot. For each type of Accessory Dwelling Unit, the City shall require compliance only with the development standards in this subjection. Standards provided above in subsections (B) and (C) do not apply to the following types of Accessory Dwelling Units: 1. Internal Accessory Dwelling Units. One Accessory Dwelling Unit or Junior Accessory Dwelling Unit per lot with a proposed or existing single-family dwelling if all of the following apply: a. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit, as such use is classified in TMC 16.52.100 is within the proposed space of a single- family dwelling or existing space of a single- family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the proposed or existing single- family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The Junior Accessory Dwelling Unit complies with the requirements of California Government Code Section 65852.22. 2. Detached Accessory Dwelling Units. One detached, new construction, Accessory Dwelling Unit for a lot with a proposed or existing single-family dwelling. The Accessory Dwelling Unit may be combined with a Junior Accessory Dwelling Unit described previously in subsection (C), or an Internal Accessory Dwelling Units described in this section. The detached Accessory Dwelling Unit must comply with the following: a. Maximum floor area: 800 square feet. b. Maximum height: 16 feet. c. Minimum rear and side setbacks: four feet. 3. Non-Livable Multifamily Space. Multiple Accessory Dwelling Units within the portions of existing multifamily dwelling structures that are not used as livable space, 12 12 Exhibit 2 Town of Tiburon Ordinance No XXX May 17, 2023 including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following: a. At least one Accessory Dwelling Unit is allowed within an existing multifamily dwelling up to maximum of 25 percent of the existing multifamily dwelling units; and b. Each Accessory Dwelling Unit shall comply with building code standards for dwellings. 4. Detached Accessory Dwelling Units on Multifamily Lots. In the event an Accessory Dwelling Unit is proposed on a lot that has an existing multifamily dwelling but is detached from that multifamily dwelling, no more than two Accessory Dwelling Units are permitted. The Accessory Dwelling Units, are subject to the following: a. Maximum height: 16 feet. b. Minimum rear and side setbacks: four feet. EXHIBIT 3 1 TOWN OF TIBURON PLANNING COMMISSION RESOLUTION NO. 2023-002 RESOLUTION RECOMMENDING APPROVAL OF AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING SUBSECTION 16- 52.100 OF SECTION 16-52 OF CHAPTER 16 OF TITLE IV OF THE TIBURON MUNICIPAL CODE AND REPEALING SUBSECTION 16-52.105 OF SECTION 16- 52 OF CHAPTER 16 OF TITLE IV OF THE TIBURON MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, in September 2022, the Governor signed SB 897 into law, amending Section 65852.2 and 65852.22 of the Government Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units; and WHEREAS, homeowners who create accessory dwelling units benefit from added income, and an increased sense of security; and WHEREAS, the availability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout the State of California; and WHEREAS, accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; and WHEREAS the new State Accessory Dwelling Unit laws became effective on January 1, 2023; and WHEREAS the Planning Commission held a duly noticed public hearing on April 26, 2023; and WHEREAS, on April 26, 2023, the Planning Commission reviewed the draft ordinance, recommended changes, determined that amendments were exempt from CEQA, and adopted a resolution recommending the draft ordinance to the Town Council. WHEREAS, the State Accessory Dwelling Unit laws were further updated and became effective on January 1, 2023. To provide clarity on the streamlined review process for Accessory Dwelling Units and Junior Accessory Dwelling Units, an updated ordinance was prepared with recommended changes to comply with the State Accessory Dwelling Unit laws; and WHEREAS, the Planning Commission, held a public hearing on April 26, 2023, and considered the proposed amendments to the accessory dwelling units ordinance and 2 consider whether to recommend that Town Council amend the text to include additional language to address the amendments set forth in the new legislation, SB 897; and NOW, THEREFORE, BE IT RESOLVED THAT Section 1. Findings Pursuant to Tiburon Municipal Code 16-68.050(A), the Planning Commission finds that that the proposed amendments are consistent with the requirements of (1) the Tiburon Municipal Code, (2) general plan and other applicable plans of the town, and (3) that the proposed amendment will not be detrimental to the public health, safety, or welfare of the town. Section 2. Recommendation The Planning Commission hereby recommends that the Tiburon Town Council approve the proposed amendment to the Zoning Ordinance and repeal Subsection 16-52.100 of the Municipal Code in its entirety and adopt a new subsection 16- 52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code, as set forth in Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on April 26, 2023, by the following vote: AYES: TSAI, WOODWARD, AMIR and WILLIAMS NOES: NONE ABSENT: DEFEVER ABSTAIN: NONE _______________________________ Erica Williams, CHAIR PLANNING COMMISSION ATTEST: ______________________________ DINA TASINI, SECRETARY 3 1 Exhibit A Proposed Ordinance Chapter 16-52.100- Accessory Dwelling Unit This purpose of this chapter is to provide for the creation of Accessory Dwelling Units (“unit”) and Junior Accessory Dwelling Units in a manner consistent with State law. The purpose for the Town of Tiburon is to expand the opportunity to provide a variety of housing opportunities, while still preserving the character of the Town. A. Definitions 1. “Accessory Dwelling Unit” (“ADU”) shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing dwelling. It shall include permanent provision for living sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is or will be situated. It also includes an efficiency unit and manufactured homes (as defined in Section 18007 of the Health and Safety Code. 2. “Junior Accessory Dwelling Unit” (“JADU”) shall mean a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A Junior Accessory Dwelling Unit must include an efficiency kitchen with a sink, cooking facility with appliances that do not require electrical service greater than 120 volts, and a food preparation area that is of reasonable size in relation to the size of the unit. The Junior Accessory Dwelling Unit must include a separate entrance from the main entrance to the structure. The Junior Accessory Dwelling Unit may include an interior entrance connecting the Junior Accessory Dwelling Unit and the primary dwelling unit. The interior entrance may include a second interior doorway for sound attenuation. 3. “Internal Accessory Dwelling Unit” means an Accessory Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure, has independent exterior access, and does not add any floor area to an existing structure. 4. “Attached Accessory Dwelling Unit” means an Accessory Dwelling Unit that shares a common wall with the primary dwelling unit on the lot, either by being constructed as a physical expansion (i.e., addition) of the primary dwelling unit, conversion of an existing garage attached to the primary dwelling, or installation of a new basement underneath an existing primary dwelling unit. 5. “Detached Accessory Dwelling Unit” means an Accessory Dwelling Unit that is constructed as a separate structure from the primary dwelling unit on the lot or is created by the conversion (full or partial) of an existing detached accessory building into an Accessory Dwelling Unit. 6. “Accessory Structure” means a structure that is accessory and incidental to a dwelling located on the same lot. 7. “Efficiency Unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. 8. “Nonconforming zoning condition” means a physical improvement on a property that 2 does not conform with current zoning standards. 9. “Objective Design Standards” mean standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. 10. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 11. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. 12. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. B. Accessory Dwelling Units B.1 Administration. This section provides for the establishment and reasonable regulation of Accessory Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health safety and welfare of the town. 1. Application and fee. Applications for an Accessory Dwelling Unit shall be processed ministerially and shall be accompanied by the appropriate fee. Accessory Dwelling Unit shall be permitted through issuance of a building permit. 2. Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted on lots zoned to allow single-family or multi family dwelling residential use. 3. Director of community development as review authority. Building permit applications for Accessory Dwelling Units shall be acted upon by the director ministerially without discretionary review or a public hearing. The permit shall be reviewed and approved through the Building Division. The building permit application shall be acted upon within 60 days from receipt of a completed application and if not acted upon within that timeline the application shall be deemed approved. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the director. 4. Approved existing Accessory Dwelling Units remain valid. Any secondary dwelling unit legally established with an approved conditional use permit prior to July 1, 2003, and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary dwelling units established by any such conditional use permit shall continue to comply with all conditions of original permit approval, and with building code for secondary dwelling units in effect at the time of permit approval. The Town shall not require the correction of any nonconforming zoning condition as a condition of approval for an Accessory Dwelling Unit. 3 5. Expiration. Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division. 6. Periodic update. The director shall maintain a record of all legal Accessory Dwelling Units and all legal secondary dwelling units and shall review and update the record every two years. 7. Violations considered an infraction. Violations of this section shall be punished as infractions or by administrative citation, in the discretion of the director and shall be subject to the provisions of section 16-56.030 (violations and penalties) and/or Chapter 31 (enforcement of code). 8. Administrative Review. The decision of the director granting or denying an Accessory Dwelling Unit permit is a ministerial decision as required by state law, and not subject to a public hearing. 9. Density. Pursuant to California Government Code Section 68552.2, no Accessory Dwelling Unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the land use element of the Tiburon General Plan, and Accessory Dwelling Units are deemed a residential use that is consistent with the existing general plan and zoning for the lot. B.2 Development Standards. 1. Rental. The Accessory Dwelling Unit may be rented separate from the Primary Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Accessory Dwelling Unit may not be sold separately from the Primary Unit. 2. Location on Lot. The Accessory Dwelling Unit shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building by a minimum of six (6) feet, or as may otherwise be required by the building code. 3. Guaranteed Allowance. All standards related to size, limits on lot coverage, floor area ratio, open space and/or minimum lot size that apply to an Accessory Dwelling Unit shall not prohibit an Accessory Dwelling Unit measuring 850 square feet of floor area or less, a height of 16 feet or less, and four-foot side and rear yard setbacks, provided the Accessory Dwelling Unit complies with all other applicable standards. For an Accessory Dwelling Unit that exceeds these standards, the architectural compatibility objective design standards outlined in the subsequent sections shall be applied. 4. Size – Attached ADUs. The total floor area of an attached Accessory Dwelling Unit shall be as follows: Table 1: Attached ADU Floor Area 4 ADU Type ADU Floor Area One bedroom or less The total area of floor space shall not exceed 850 sq. ft. For lots greater than 10,000 sq. ft, the total floor space shall not exceed 1,000 sq. ft. More than one bedroom The total area of floor space shall not exceed 1,000 sq. ft The total floor area of an attached ADU may not exceed 50% of an existing primary dwelling, notwithstanding the guaranteed allowance. 5. Size – Detached ADUs. The total floor area of detached Accessory Dwelling Units shall be as follows: Table 2: Detached ADU Floor Area ADU Type ADU Floor Area One bedroom or less The total area of floor space shall not exceed 850 sq. ft. For lots greater than 10,000 sq. ft, the total floor space shall not exceed 1,000 sq. ft. More than one bedroom The total area of floor space shall not exceed 1,000 sq. ft. 6. For Accessory Dwelling Units which exceed the maximum size limitations set forth in Table 1 or Table 2, Site Plan and Architectural Review will be required as well as a building permit, if approved. As part of this review, the ADU shall comply with all regulations set forth within the land use designation. 5 7. Setback. Minimum setbacks of Accessory Dwelling Units shall be as follows: Table 3. Minimum Property Line Setback 8. Side yard setback and height will be verified by a licensed surveyor. 9. Setback exceptions. No Setback shall be required for a lawfully constructed garage in existence prior to January 1, 2017 that is converted in whole or part to an Accessory Dwelling Unit. 10. Height. a) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. b) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. c) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. Property Line ADU Type Attached and Detached Internal Front A front setback must yield to the extent necessary to enable the construction of an 800 square foot ADU with four-foot side- and rear-yard setbacks. None required Side/Rear 4 ft.* *No Setback shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an Accessory Dwelling Unit or to a portion of an Accessory Dwelling Unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. 6 d) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. 11. Historic Structures. No demolition of a historic building (Local, State, or Federal Listing) is allowed as part of the construction of an Accessory Dwelling Unit. 12. Parking. a. One off-street parking space per Accessory Dwelling Unit shall be required, unless parking exceptions as set forth in section (B) 13 of this Section apply. b. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit or converted to an Accessory Dwelling Unit, those off-street parking spaces need not be replaced. These spaces may be provided as tandem parking on a driveway. 13. Parking exceptions. No parking shall be required of an Accessory Dwelling Unit in any of the following instances: a. The Accessory Dwelling Unit is located within one-half mile walking distance of public transit, as measured along path of travel. b. The Accessory Dwelling Unit is located within an architecturally and historically significant historic district. c. The Accessory Dwelling Unit is part of the proposed or existing primary residence or an accessory structure, including the conversion of existing garage or carport. d. When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit. e. When there is a car share vehicle located within one block of the Accessory Dwelling Unit. "Car share vehicle" shall mean a fixed location identified in a map available to the general public where at least one automobile is available daily for immediate use by the general public or members of a car share service, which vehicle may be reserved for use and accessed at any time through an automated application, kiosk, or other method not requiring a live attendant. This term shall not include vehicles returned to locations other than fixed locations where automobiles are not routinely available for immediate use. f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. 14. Fire Sprinklers. Fire sprinklers are not required in an Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required. 7 15. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the following objective architectural standards. a. Color and Materials. The color and materials of the Accessory Dwelling Unit shall match the Primary Unit. b. Lighting. Lighting shall be shielded and/or directed such that it does not produce glare visible from off-site or illuminate adjacent or nearby property. c. The Accessory Dwelling Unit shall be located at least 10 feet from the top of any creek bank that exists on the lot of the proposed Accessory Dwelling Unit. The top of creek bank shall be defined by a licensed civil engineer. d. The Accessory Dwelling Unit shall have a permanent full kitchen with a sink, refrigerator, and stove/oven. Only one kitchen is allowed per Accessory Dwelling Unit. e. No exterior lights are allowed except two shielded downward pointing lights at the entry to the Accessory Dwelling Unit. f. No windows facing the rear and side property lines are allowed when located less than 6 feet from the rear or side property line. g. No entryways are allowed within 10 feet of a side or rear property line. h. The Accessory Dwelling Unit is not allowed on any open space easement. A title report shall be provided to identify all open-space easements. i. The Accessory Dwelling Unit shall not have any reflective roof or building material. j. The roof color of the Accessory Dwelling Unit shall use similar roof materials and color as the primary dwelling unit. k. No vents, flues, or appurtenances shall exceed the height limit. l. No signs are allowed on Accessory Dwelling Unit except an address sign. m. No portico, trellis or other roof is allowed as part of the Accessory Dwelling Unit. A 5x5 foot entryway roof is allowed but must be at least 10 feet from any property line. n. All Building Code requirements, including Appendix Q of the 2019 Residential Code (Tiny Houses) shall apply to all Accessory Dwelling Units. o. The Accessory Dwelling Unit shall not include any other item that would require discretionary approval, including but not limited to an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the exterior. p. Two trees shall be planted at each proposed window of the Accessory Dwelling Unit facing a neighboring property where such trees are consistent with the Fire Code. 16. Any protected tree to be removed as part of a new Accessory Dwelling Unit shall require a tree removal permit. 17. Fire District Regulations. The Accessory Dwelling Unit shall comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. 8 18. Sanitary Service. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit shall be available. If the lot is connected to the public sewer system, the applicant shall submit a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant shall submit a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit. 19. Separate Utility Connection. New and separate utility connections shall be required directly between the Accessory Dwelling Unit and the utility. Consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service, a. Exception. An accessory dwelling unit or junior accessory dwelling unit described in Government Code section 65852.2(e)(1)(A) shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. 20. Premises identification. Any town-assigned street address number for the Accessory Dwelling Unit shall be plainly visible and legible from the street fronting the property as required by the applicable building code. 21. Exterior Access and Passageways. a. Internal Dwelling Units. Internal Accessory Dwelling Units shall have independent exterior access separate from the primary dwelling. b. Attached Accessory Dwelling Units. Independent exterior access separate from the primary dwelling is required. No internal connection is permitted for attached Accessory Dwelling Units. Exterior access may not encroach into required setbacks. c. No passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit. C. Junior Accessory Dwelling Units C.1 Administration. This section provides for the establishment and reasonable regulation of Junior Accessory Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare. 1. Building permit required. No Junior Accessory Dwelling Unit shall be established or used unless a building permit has been issued by the town. 9 2. Director of community development as review authority. Applications for Junior Accessory Dwelling Unit permits shall be acted upon by the director without discretionary review or a public hearing. The Director shall act on the application within 60 days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot. If the application is submitted with a permit application to create a new single-family dwelling on the lot, the Director may delay acting on the application for the Accessory Dwelling Unit until the Town acts on the permit application to create the new single-family dwelling, but the application to create the Accessory Dwelling Unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. 3. Grant of Junior Accessory Dwelling Unit permit. In order to grant a Junior Accessory Dwelling Unit permit, the Director shall find that the Junior Accessory Dwelling Unit would comply with the standards set forth in subsection C (2) of this section. 4. Building permits. A building permit and a certificate of occupancy shall be required in conjunction with the installation of a Junior Accessory Dwelling Unit. Any repair, rehabilitation, or other work associated with the installation of the Junior Accessory Dwelling Unit shall also obtain building permits where required by law. 5. Expiration. Junior Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division. 6. Periodic update. The director shall maintain a record of all authorized Junior Accessory Dwelling Units and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the Junior Accessory Dwelling Unit is in compliance with the standards for Junior Accessory Dwelling Units and with all operating requirements of the permit as set forth in applicable ordinances and regulations. C.2 Development Standards. 1. Maximum Size. Junior Accessory Dwelling Units shall be no greater than 500 square feet in size and contained entirely within a single-family residence. The junior accessory dwelling unit may include an expansion of not more than 150 square feet beyond the physical dimensions as the existing accessory structure. The expansion shall be limited to accommodating ingress and egress. 2. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit or the Junior Accessory Dwelling Unit) shall be owner-occupied. For purposes of this standard, "owner" is defined as a person or entity with a majority (i.e., fifty-one percent or greater) interest in the property. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest. 3. Junior Accessory Dwelling Units shall not be sold separately. A prohibition on the sale of the Junior Accessory Dwelling Unit separate from the sale of the single-family 10 residence, including a statement that the deed restriction may be enforced against future purchasers. 4. Rental. The Junior Accessory Dwelling Unit may be rented separate from the Primary Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Junior Accessory Dwelling Unit may not be sold separately from the Primary Unit. 5. Location. No more than one Junior Accessory Dwelling Unit is permitted on a residential lot within an existing single-family structure. No setbacks apply to Internal/Junior Accessory Dwelling Units. 6. Size. Maximum floor area allowed is 500 square feet. 7. Architectural Compatibility. The Junior Accessory Dwelling Unit shall comply with the following objective design standards: a. All Building Code requirements, including Appendix Q of the 2019 Residential Code (Tiny Houses) shall apply to all Junior Accessory Dwelling Units. b. The Junior Accessory Dwelling Unit shall have a permanent efficiency kitchen as defined in A (2). Only one kitchen is allowed per Junior Accessory Dwelling Unit. c. A Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. d. No portico, trellis or other roof is allowed as part of the Junior Accessory Dwelling Unit. e. The Junior Accessory Dwelling Unit shall not include any other item that would require discretionary approval, including but not limited to an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the exterior. f. No signs are allowed on Junior Accessory Dwelling Unit except an address sign. 8. Fire Sprinklers. Fire sprinklers are not required in a Junior Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required. 9. Exterior Access and Passageways. Junior Accessory Dwelling Units shall have independent exterior access separate from the primary dwelling. D. Accessory Dwelling Units Subject to Limited Standards. The City shall ministerially approve an application for a building permit within a residential or mixed-use district to create the following types of Accessory Dwelling Units. The City shall only permit one type of the following Accessory Dwelling Units per lot. For each type of Accessory Dwelling Unit, the City shall require compliance only with the development standards in this subjection. Standards provided above in subsections (B) and (C) do not apply to the following types of Accessory Dwelling Units: 11 1. Internal Accessory Dwelling Units. One Accessory Dwelling Unit or Junior Accessory Dwelling Unit per lot with a proposed or existing single-family dwelling if all of the following apply: a. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit, as such use is classified in TMC 16.52.100 is within the proposed space of a single- family dwelling or existing space of a single- family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the proposed or existing single- family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The Junior Accessory Dwelling Unit complies with the requirements of California Government Code Section 65852.22. 2. Detached Accessory Dwelling Units. One detached, new construction, Accessory Dwelling Unit for a lot with a proposed or existing single-family dwelling. The Accessory Dwelling Unit may be combined with a Junior Accessory Dwelling Unit described previously in subsection (C), or an Internal Accessory Dwelling Units described in this section. The detached Accessory Dwelling Unit must comply with the following: a. Maximum floor area: 800 square feet. b. Maximum height: 16 feet. c. Minimum rear and side setbacks: four feet. 3. Non-Livable Multifamily Space. Multiple Accessory Dwelling Units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following: a. At least one Accessory Dwelling Unit is allowed within an existing multifamily dwelling up to maximum of 25 percent of the existing multifamily dwelling units; and b. Each Accessory Dwelling Unit shall comply with building code standards for dwellings. 4. Detached Accessory Dwelling Units on Multifamily Lots. In the event an Accessory Dwelling Unit is proposed on a lot that has an existing multifamily dwelling but is detached from that multifamily dwelling, no more than two Accessory Dwelling Units are permitted. The Accessory Dwelling Units, are subject to the following: a. Maximum height: 16 feet. b. Minimum rear and side setbacks: four feet. EXHIBIT 4 TOWN OF TIBURON 1 BACKGROUND On February 16, 2022, the Town Council adopted Ordinance No.587 to amend Subsection 16.52.100 regarding accessory dwelling units and junior accessory dwelling units. In recent years, the California Legislature has approved, and the Governor has signed into law a number of bills, that among other things, amend Government Code section 65852.2 and 65852.22 to impose new limits on local authorities to regulate accessory dwelling units (ADU’s) and junior accessory dwelling units (JADUs). The previous bills that went into effect in 2020 are Assembly Bills 68 and 881 and Senate Bill 13. Following the previous bills, in 2020 and 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”). AB 3182 expanded opportunities under which the Town must allow ADU and JADUs providing a streamlined approach and requiring only a building permit. In September 2022, both AB 2221 and SB 897 were signed into law, however AB 2221 currently has no effect because it would have amended the same statute that SB 897 amended, and SB 897 was chaptered after AB 2221. Therefore, AB 2221 was “chaptered out.” Ultimately SB 897 is effective and relevant to the proposed amendments and the Town must comply with Government Code Section 65852.2 ANALYSIS SB 897 was signed into law and amends Government Code sections 65852.2 and 65852.22 as follows: Height a) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Planning Commission Special Meeting March 22, 2023 Agenda Item:PH-3 STAFF REPORT To: Members of the Planning Commission From: Community Development Department Subject: Amending Subsection 16-52 and repealing subsection 16-52.100 of Section 16- 52 of Chapter 16 of the TMC regarding accessory dwelling units and junior accessory dwelling units. TOWN OF TIBURON 2 b) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. c) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. d) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. Front Setbacks The Town has the authority to impose front yard setbacks on ADUs that are subject to an ADU permit. However, SB 897 now requires that the Town must “yield” the front setback to the extent possible to allow for the construction of an 800 square foot ADU provided the applicant can demonstrate that they have a four-foot side and rear setback. The current law that “yields” authority with respect to FAR, lot coverage and open-space requirements, the legislature has included the front setback to this list. Restrictions on denials If the Town denies an ADU application, a full set of comments listing the specific items that are deficient or defective in the application must be provided to the applicant as well as how the issues can be remedied. Providing a thorough review and comments as well as remedies has been the common practice in Tiburon, we have not denied an ADU. Allowing new configurations for JADU’s Current legislation requires that a JADU must be constructed within the walls of a proposed or existing single-family dwelling. Tiburon planning staff has interpreted this to include non-livable space within the primary dwelling structure including attached garages. SB 897 clarifies that interpretation was correct. This change is not substantive as to the practices in Tiburon, as we have been considering these configurations in the manner stated. In addition, the law also clarifies that where a JADU shares a bathroom with the primary residence, the JADU must have an interior entry into the main living area independent of the any exterior entrances. Addition of a definition for objective standards The new legislation provides a definition that an “objective standard” means “standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the TOWN OF TIBURON 3 development applicant or proponent and the public official prior to submittal.” The proposed amendment includes this definition. ENVIRONMENTAL REVIEW The proposed amendments to the zoning ordinance and to the accompanying standards are statutorily exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Section 15282, subsection (h) of the CEQA Guidelines. RECOMENDATION Staff recommends that the Planning Commission: 1) Hold a public hearing and consider all testimony. 2) Make any revisions as appropriate. 3) Move to adopt the attached resolution recommending approval to the Town Council of various zoning text amendments. EXHIBITS 1. Draft Planning Commission resolution recommending zoning text amendments with revised standards to the Town Council.(redline version) 2. Draft Planning Commission resolution recommending zoning text amendments with revised standards to the Town Council.(Blackline) 3. SB 897 and AB 2221 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Police Department Subject: Consider Amendment to Chapter 29 of the Tiburon Municipal Code (Burglar Alarm Systems) Related to Alarm System Permits Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will consider minor text amendments to Chapter 29 of the Tiburon Municipal Code related to alarm permits. RECOMMENDED ACTION(S) Staff recommends that the Town Council hold first hearing of the proposed ordinance (Exhibit 2), waiving 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 of the draft ordinance and hold a roll call vote to pass first reading, waiving any additional readings. 3. If passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. BACKGROUND Chapter 29 of the Tiburon Municipal Code requires burglar alarm users to register their system and obtain a permit from the Tiburon Police Department. In 2004, the Town Council adopted Resolution No. 01-2004 (Exhibit 1) amending the permit fees. Prior to 2004, the Police Department issued initial permits and renewal permits for periods of two years. Resolution No. 01-2004 amended the permit process to instead issue initial permits and renewal permits on an annual basis. The Police Department has been following the direction of the resolution and the practice of annual permits since that time. It has recently come to staff’s attention that Tiburon Municipal Code Section 29-6 (d) still refers to alarm permits being valid for two years instead of one. Tonight, the Council is being asked to introduce an ordinance (Exhibit 2) that would make minor text amendments to this section to bring the Municipal Code in line with Town Council Resolution No. 01-2004 and Police Department practice. The entire text of Chapter 29 is attached as Exhibit 3, including the redline amendment to Section 29-6 (d). TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 17, 2023 Agenda Item: PH-3 Town Council Meeting May 17, 2023 TOWN OF TIBURON PAGE 2 OF 2 ANALYSIS No further analysis provided. FINANCIAL IMPACT This action will not impact existing permit fees and therefore, staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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 hold first hearing of the proposed ordinance (Exhibit 2), waiving 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 of the draft ordinance and hold a roll call vote to pass first reading, waiving any additional readings. 3. If passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. Exhibit(s): 1. Town Council Resolution No. 01-2004 2. Draft Ordinance 3. Chapter 29 Redline Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 RESOLUTION NO. 01- 2004 A RESOLUTION OF THE TOWN OF COUNCIL OF THE TOWN OF TIBURON ADOPTING A REVISED ALARM PERMIT FEE SCHEDULE FOR THE POLICE DEPARTMENT OF THE TOWN OF TIBURON WHEREAS, the Tiburon Municipal Code requires that any changes to the Police Department's processing fees be set forth by Resolution of the Town Council; and WHEREAS, it is the intent of the Town Council that such fees be used to reimburse the Town for costs of providing services for which the fees are assessed, thereby maintaining productive and efficient service levels commensurate with the work demands with the Police Department; and WHEREAS, Resolution No. 3125 implemented alarm permit fees; and WHEREAS, it is necessary to periodically revise these fees to reflect the actual costs incurred by the Police Departrnent pertaining to alarm fees, and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to State Laws and local ordinances. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt a revised fee schedule for alarm permit fees as outlined in Exhibit A, said fee schedule to become effective imrnediately upon passage of this resolution which shall supersede the fee schedule set forth in the previous Resolution No. 3125. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on January 21, 2004 by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Berger, Fredericks, Slavitz, Smith None Gram \ l~yg~'"Z-~ ALICE FREDERICKS, MAYOR An,. ../' /~1/ .//7{z l~'Z.<-4}j1/I , DIANE CRANE OPI Town Clerk Alarm Permit Fee Schedule Adopted l/2l/04 Page 1 of2 EXHIBIT A ALARM PROGRAM FEE SCHEDULE AS REGULATED BY CHAPTER 29 OF THE TIBURON MUN.ICIPAL CODE) ALARM USER PERMIT Per Calendar Year) Initial permit 50.00 30.00AnnualRenewal FALSE ALARM FEE & PENALTY SCHEDULE Per Calendar Year) First, second & third false alarm Fourth & subsequent alarms False alarm without valid permit No charge 250.00 100.00 Alarm Permit Fee Schedule Adopted 1/21/04 Page 2 of2 EXHIBIT 2 Page 1 of 2 Ordinance No. XXX N.S. DRAFT Effective xx/xx/xxxx DRAFT ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING TITLE VI, CHAPTER 29 (BURGLAR ALARM SYSTEMS) OF THE TIBURON MUNICIPAL CODE THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES ORDAIN AS FOLLOWS: Section 1. Section 29-6 (d) is hereby amended to read as follows: (d) An alarm user permit shall be valid for one year from the date of issuance. During that time, the permit shall not be transferable and shall terminate when there is a change of alarm user, change of location or upon suspension. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision 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, subsection, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 3. Effective Date. This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937, and before the expiration of fifteen (15) days after passage by the Town Council, 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 regular meeting of the Town Council of the Town of Tiburon on _________, and was adopted at a regular meeting of the Town Council at the Town of Tiburon on ___________, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: Page 2 of 2 Ordinance No. XXX N.S. DRAFT Effective xx/xx/xxxx LEA DILENA, TOWN CLERK EXHIBIT 3 TITLE VI ‐ PUBLIC HEALTH, SAFETY AND WELFARE  Chapter 29 BURGLAR ALARM SYSTEMS        Tiburon, California, Code of Ordinances    Created: 2023‐03‐20 19:39:45 [EST]  (Supp. No. 34, 3‐23)    Page 1 of 8  Chapter 29 BURGLAR ALARM SYSTEMS  Sections:  29‐1 Findings and purpose.  (a) There are a substantial number of burglar alarms received by the Tiburon police department. It is the policy  and practice of the Tiburon police department to respond to all alarms and prepare a report for each  response. Most of these alarms are false and are the result of improper maintenance or use of an alarm  system.   (b) False alarms needlessly divert limited police resources from genuine alarms and other emergencies. Police  officers responding to false alarms are not available to perform other necessary police duties.   (c) The purpose of this chapter is to reduce the number of false alarms in order to conserve police personnel  time and increase protection for all citizens of the town. This purpose is accomplished by providing minimum  standards for installation and operation of alarm systems. This chapter also imposes the costs of responding  to false alarms on the alarm user and imposes penalties for false alarms.   (d) In addition, this chapter requires alarm users to obtain an annual alarm permit. The purpose of this permit is  to increase police effectiveness and promote public safety by allowing the police department to maintain  current, accurate emergency information for all alarm systems in the Town of Tiburon.   (Ord. No. 416 N.S., § 2 (part))  29‐2 Definitions.  For purposes of this chapter, the following words and phrases shall have the following meaning:   "Alarm agent" means any person employed by an alarm business whose duties include installing,  maintaining, repairing, replacing or servicing an alarm system or responding to same.   "Alarm business" means any person operating for any consideration who is engaged in the installation,  maintenance, alteration or servicing of alarm systems or who responds to such alarm systems.   "Alarm system" means an assembly of equipment and devices arranged to signal the presence of any  condition upon premises within the Town of Tiburon to which the police department normally responds. The term  "alarm system" shall include equipment which is designed to detect an emergency, or which is designed to be  activated by a person to report an emergency. Alarm systems include, but are not limited to, local alarm systems  and central station alarm systems. Alarm systems shall not include audible alarms affixed to automobiles.   "Alarm user" means any person who owns, leases, is the agent of the owner or lessee of, or otherwise is in  possession or control of a premises on which an alarm system has been installed and operates.   "Audible alarm system" means an alarm system which is capable of being heard outdoors when it is  activated.   "Automatic telephone dialing alarm system" means an alarm system which utilizes a device which  automatically transmits a pre‐recorded message over telephone lines to a number in the town's communication  center.             Created: 2023‐03‐20 19:39:45 [EST]  (Supp. No. 34, 3‐23)    Page 2 of 8  "Central station alarm system" means an alarm system which transmits the alarm signal to a facility where  operators monitor the system and retransmit the signal to the town's communications center.   "Chief of police" means the chief of the Tiburon police department or the chief's designee.   "Direct connection alarm system" means an alarm system which transmits an alarm signal directly to the  town communications center.   "Emergency" means the commission or attempted commission of any felony, unauthorized entry into  premises or any act of violence.   "False alarm" means an alarm signal resulting in a response by the police department when an emergency  does not exist. An alarm shall be presumed false if the responding officer(s) does not locate any evidence of an  intrusion or of the commission of an unlawful act or emergency on the premises which might have caused the  alarm to sound. Alarms caused by earthquakes, hurricanes, tornadoes, or other "violent" acts of nature, shall not  be deemed false alarms.   "Local alarm system" means an alarm system which is operated by the user who is normally responsible for  its operation. The alarm signal is annunciated only on the premises.   "Person" means an individual, partnership, unincorporated association or corporation.   "Premises" means any land and building located within the Town of Tiburon except land or buildings owned  or leased by the federal government, state of California or any political subdivision of the state, including public  services.   "Public nuisance" means an alarm system that is falsely activated more than eight times in a "three hundred  sixty‐five‐day" period.   "Town communications center" means the Tiburon police department, the Southern Marin Communications  Center or any other entity providing police dispatching services for the Tiburon police department   "Town manager" means the town manager of the Town of Tiburon or the manager's designee.   (Ord. No. 416 N.S., § 2 (part))  29‐3 Administration.  The provisions of this chapter shall be administered and enforced by the chief of police. The chief of police is  authorized to make inspections of alarm systems and the premises where such systems are located to determine  whether an alarm permit is required. The chief of police shall also have the authority to make and enforce such  rules and regulations as are necessary to implement the provisions of this chapter.   (Ord. No. 416 N.S., § 2 (part))  29‐4 Alarm business registration.  (a) Every alarm agent or alarm business conducting business in the Town of Tiburon shall first register with the  chief of police by providing proof that the person or business has: (1) a current, valid alarm operators license  issued by the state of California, and (2) a current business license issued by the Town of Tiburon.   (b) Upon registering with the chief of police, every alarm agent or alarm business shall be provided with a copy  of this chapter, any town council resolutions establishing fees or penalties authorized by this chapter and any  rules and regulations adopted by the chief of police for the purpose of implementing this chapter.             Created: 2023‐03‐20 19:39:45 [EST]  (Supp. No. 34, 3‐23)    Page 3 of 8  (c) No alarm business shall sell, install or maintain any such system in the Town of Tiburon without providing  continuous twenty‐four hour service for such system.   (Ord. No. 416 N.S., § 2 (part))  29‐5 Alarm business notification of installation.  (a) Alarm businesses shall notify the Tiburon police department each time the business sells or installs an alarm  system within the Town of Tiburon. This notification shall be in writing, and shall be made within ten days of  each such sale or installation or a change in any of the following required information:   (1) The name, address and telephone number of the alarm business or its alarm agent;   (2) The address where the alarm system has been installed, the name of the alarm users and their  business addresses and telephone numbers, and residential address and telephone number;   (3) The name of at least one other person responsible to respond to the alarm site in the event the alarm  is activated and his or her business address and telephone number, and residential address and  telephone number;   (4) The type of alarm system installed and the emergency or unlawful act it is designed to detect.   (b) Alarm businesses shall notify the Tiburon police department each time the business activates an alarm  system during the installation, repair or testing of such system if the activation results in an audible signal  that can be heard outside of the building or premises, or the alarm, whether audible or silent, could  otherwise result in the Tiburon police department responding to a false alarm.   (c) Alarm businesses shall notify their customers of all changes in the burglar alarm system ordinance.   (Ord. No. 416 N.S., § 2 (part))  29‐6 Alarm permits required.  (a) No alarm user shall install and/or operate an alarm system on any premises within the Town of Tiburon  unless such person or business has been issued a permit pursuant to the provisions of this chapter.   (b) Applications for permits and renewals of permits shall be filed in writing with the chief of police, on a form  provided by the chief of police, along with a nonrefundable application or renewal fee in the amount set by  the town council by resolution.   (c) The alarm permit will be issued by the chief of police if all of the conditions set forth in section 29‐7 are  satisfied. Denial of a permit may be appealed pursuant to section 29‐13.   (d) An alarm user permit shall be valid for two one years from the date of issuance. During that time, the permit  shall not be transferable and shall terminate when there is a change of alarm user, change of location or  upon suspension.   (e) Upon reinstatement of a permit which has been suspended in accordance with this chapter, the same fee  shall be required for reinstatement as would be required for an original permit.   (f) All governmental entities shall be exempt from fees for permits, but shall be subject to all other provisions of  this chapter.   (g) The information contained on the application form and any subsequent inspection or investigation notes,  reports or files pertaining to the alarm user shall be confidential and not open to public inspection. It is  declared that this information is critical to the safety and security of the alarm user and law enforcement            Created: 2023‐03‐20 19:39:45 [EST]  (Supp. No. 34, 3‐23)    Page 4 of 8  personnel and that the public interest served by not disclosing such information to the public clearly  outweighs the public interest served by disclosing such information.   (h) The permit shall list the alarm business, alarm agent or other person responsible for operation and  maintenance of the alarm and at least one other person who may be contacted in an emergency or to  confirm an alarm.   (i) Upon issuance of an alarm permit or the renewal of a permit, the chief of police shall provide the alarm user  with information regarding the provisions of this chapter and any applicable fees or penalties adopted by the  Tiburon town council and in effect at that time.   (Ord. No. 416 N.S., § 2 (part))  29‐7 Alarm permit conditions.  Every alarm user within the Town of Tiburon shall comply with the following conditions. The breach of any of  these conditions shall be sufficient cause for suspension of the permit by the chief of police.   (a) It is unlawful to buy, sell, install or operate within the Town of Tiburon an audible alarm system which  upon activating emits a sound similar to sirens in use on emergency vehicles or for civil defense  purposes. For purposes of this section, any electronic sounding device that produces a variable pitch‐ tone shall be considered similar to an emergency vehicle siren. This section shall not apply to sirens  mounted inside a building which cannot be heard from outside of the building.   (b) It is unlawful to install on the exterior or interior of a building an alarm system which, upon activation,  emits a sound exceeding eighty‐five decibels when measured from outside the premises. It is also  unlawful to install on the interior of a building an alarm system which, upon activation, emits a sound  exceeding ninety‐five decibels.   (c) Every owner maintaining an audible alarm shall post a notice containing the name and telephone  number of the alarm business, alarm agent or other person responsible for operation or maintenance  of the alarm. This notice shall be posted near the alarm so that it is legible from the ground adjacent to  the building.   (d) The alarm system must be equipped with an automatic shut‐off device which shall silence the alarm  and/or turn off all exterior pulsating lights, except alarm indicator lights, within fifteen minutes.   (e) It is the responsibility of the alarm user to ensure that all emergency information on the alarm permit  is current. The chief of police shall be notified within thirty days of any changes in individuals  responsible for the operation of the alarm system and/or a change in the alarm company.   (f) Alarm users, alarm businesses or alarm agents, when requested by the Tiburon police department,  shall have the alarm user, a representative of the alarm business or other responsible person respond  to the scene of the alarm within one hour of the request to render necessary service. This service shall  include, but is not limited to, opening the premises for building searches, resetting the alarm system(s)  and securing the building as necessary.   (g) All components comprising an alarm system must be maintained in good repair to assure reliability of  operation.   (h) The sensory mechanisms used in connection with all alarm systems shall be adjusted to suppress false  alarms.   (i) All alarm systems shall be supplied with an uninterruptable backup power supply which will  automatically assume the operation of the alarm system should normal electrical service be  interrupted. The backup power supply shall be capable of at least four hours of operation. The transfer            Created: 2023‐03‐20 19:39:45 [EST]  (Supp. No. 34, 3‐23)    Page 5 of 8  of power from the primary source to the backup source must occur in a manner which does not  activate the alarm.   (j) Any building containing two or more separate and distinct living units or businesses which are  equipped with alarms shall display in a conspicuous place, at or near the entrance to the building, a  visual or audible device indicating which of the alarms has been activated.   (k) In the event that a group of alarm users are placed on a single incoming line, the system must be so  designed as to reset itself within one minute so as to afford protection to the rest of the alarm users on  the single line. It must also be so designed so as to activate a visual or audible alarm at the violated  premises even after the system has reset, affording protection to the other users.   (l) Alarm users with existing alarm systems in use as of the effective date of this chapter shall have until  January 1, 1996, to either bring their system into compliance with the requirements of this section,  request an extension of time to comply or request an exemption from the requirements of this section.  Requests for extensions of time or exemption shall be made in writing to the chief of police who may  grant such requests upon finding that to do so would not frustrate the purposes of this chapter.   (Ord. No. 416 N.S., § 2 (part))  29‐8 Automatic dialing and direct connection systems prohibited.  It is unlawful to buy, sell, install or operate any alarm system which, when activated, causes an alarm to be  sent directly to the town communications center or Tiburon police department by an automatic dialing system, a  direct connection alarm system, or any other means.   (Ord. No. 416 N.S., § 2 (part))  29‐9 False alarms prohibited.  No alarm user shall operate or maintain an alarm system which emits false alarms.   (Ord. No. 416 N.S., § 2 (part))  29‐10 False alarm fees and penalties.  (a) Alarm users with a valid, current alarm permit on file with the Tiburon police department shall be subject to  false alarm fees and penalties beginning with the fourth false alarm occurring in a calendar year period.  Alarm users shall not be charged for more than one false alarm penalty in any single calendar day unless the  false alarms are directly caused by the user. The amount of the fees and penalties shall be established by the  town council through adoption of a resolution.   (b) Alarm users without a valid, current alarm permit (including those with suspended permits) shall be subject  to false alarm fees and penalties for each and every false alarm. Alarm users shall not be charged for more  than one false alarm penalty in any twenty‐four hour period unless the false alarms are directly caused by  the user. The amount of the fees and penalties shall be established by the town council through adoption of  a resolution.   (c) Alarm users without a valid permit shall have thirty days to obtain a permit after receiving notice of the false  alarm penalty. If a permit is obtained within that time, fifty dollars shall be taken off the alarm fees and  penalties.   (d) Failure to pay false alarm fees and penalties may be cause for suspension of the alarm permit.             Created: 2023‐03‐20 19:39:45 [EST]  (Supp. No. 34, 3‐23)    Page 6 of 8  (e) The chief of police may waive false alarm fees and penalties if an examination of the facts indicates the alarm  system was activated under unusual or extraordinary circumstances. In addition, fees may be waived for up  to thirty days to allow for adjustments to correct mechanical and/or operational problems for any new,  improved or replaced alarm system. Requests for waiver shall be made in writing and shall be processed  under the provisions of section 29‐14.   (f) The amount of any false alarm fees and penalties imposed pursuant to the authority of this chapter shall be  deemed a debt to the Town of Tiburon. An action may be commenced in the name of the town in a court of  competent jurisdiction for the amount of any unpaid fees and penalties as well as any fees or charges  required to file and pursue such civil action.   (g) The chief of police may, in the exercise of his discretion, direct that the police department shall not respond  to a premises under the following circumstances: there have been repeated false alarms in one calendar day  and the alarm user, business or other responsible person cannot come to the premises, correct the problem  or turn off the alarm system. The alarm user shall be responsible for any fees or penalties incurred prior to  the decision not to respond.   (Ord. No. 416 N.S., § 2 (part))  29‐11 Response cancellation.  (a) The police department shall have no obligation to respond to an alarm system which has been deemed a  public nuisance, as defined in section 29‐2. Upon reaching completion of the above definition, upon meeting  any or all of the below listed criteria, and upon notice as described below, the police department shall no  longer respond to the alarm signal.   (1) The violation of any of the provisions of the permit agreement;   (2) When an alarm system actuates excessive false alarms and, thereby, constitutes a nuisance as defined  herein;   (3) When the applicant or permittee, or his employee or agent, has knowingly made any false, misleading  or fraudulent statement of a material fact in the application for a permit or in any report or record  required to be filed with any town agency;   (4) When the alarm user fails to pay fees or penalties within sixty days;   (5) When police respond to a false alarm within thirty days after a revocation of response has been  reinstated.   (b) Response to a location shall not be revoked due to nonacquisition of an alarm permit.   (c) If an alarm location's status is on a "response cancellation" status at the end of a calendar year, for purposes  of calculating total responses for relating to cancellation, the total number of responses shall not revert to  zero and will be cumulative.   (d) The owner and/or licensee of an alarm system which constitutes a public nuisance as defined in this chapter  shall be notified by the chief of police, or his designee, that the police department is under no obligation to  respond to the premises of an alarm which constitutes a public nuisance. The chief of police, in the case of  such revocation, shall serve the permittee with a written order of revocation which shall state the reasons  for such revocation. The order shall be deposited in the United States mail as soon as possible after such  alarm has been constituted as a public nuisance or personally served. The order shall be effective  immediately, if personally served, or forty‐eight hours after the same has been deposited in the course of  transmission in the United States Postal Service.             Created: 2023‐03‐20 19:39:45 [EST]  (Supp. No. 34, 3‐23)    Page 7 of 8  (e) Not withstanding the effectiveness of an order of revocation, the permittee may continue the use of any  alarm system requiring a permit until the appeal process has been exhausted, unless the chief of police, or  his designee, determines that the continued operation of such alarm system interferes with the safe and  efficient operation of the public safety department involved. The owner of an audible alarm system shall be  required to immediately deactivate the audible portion of the system, upon notification that the system is a  public nuisance.   (Ord. No. 416 N.S., § 2 (part))  29‐12 Suspension of alarm permit.  (a) Upon evidence that any of the permit conditions set forth in section 29‐7 has been violated or that false  alarm fees and penalties have not been paid, the chief of police may suspend an alarm permit. The  suspension shall become effective fifteen days after written notice of the suspension is mailed by the chief of  police to the alarm user and alarm business listed on the permit unless an appeal is filed pursuant to section  29‐14.   (b) The suspension shall be lifted once evidence is presented to the chief of police establishing that the  violations have been corrected and the alarm fees and penalties have been paid.   (Ord. No. 416 N.S., § 2 (part))  29‐13 Reactivation of response.  Response to an alarm location shall be reactivated under the following conditions:   (a) Acceptance of proof by the alarm user or alarm company of correction of the problem which activated  the alarm; and   (b) Acceptance of proof by the chief of police; and,   (c) Payment of past due penalties.   (Ord. No. 416 N.S., § 2 (part))  29‐14 Appeals.  An alarm user whose application for a permit has been denied, has had their permit suspended or police  response revoked or has been denied a waiver of fees or penalties by the chief of police may appeal that decision.   (a) The initial appeal shall be to the chief of police. A letter of appeal must be filed with the chief of police  within fifteen days of the mailing of the letter of notification of the proposed action. While the appeal  is pending, the action proposed by the chief of police shall not be implemented. This initial appeal shall  be informal and no written decision need be prepared. Failure to file a timely appeal shall constitute a  waiver of the alarm user's right to appeal provided however, that the chief of police may in his  discretion waive the fifteen day limit if good cause is shown or there is cause to believe that it might  encourage substantial cooperation from the alarm user.   (b) If the alarm user is dissatisfied with the decision of the chief of police, they may file a letter of appeal  to the town manager. The town manager shall set a time and place for a hearing which shall be no  more than fifteen days after the manager's receipt of the letter of appeal. Failure to file a timely letter  of appeal to the manager shall be a waiver of the alarm user's right to a hearing.             Created: 2023‐03‐20 19:39:45 [EST]  (Supp. No. 34, 3‐23)    Page 8 of 8  (c) At the time and place set for the hearing upon the appeal, the town manager shall hear evidence from  the appellant and/or any other interested party. The burden of proof shall be upon the appellant to  show that there was no substantial evidence to support the chief of police's action.   (d) Within five days after the conclusion of the hearing, the town manager shall render a decision on the  appeal. The decision shall be final. Notice of the decision shall be mailed to the appellant within three  days of the decision. If the appeal is denied and involves a suspension of a permit, the notice shall  inform the alarm user of the exact date that the suspension shall commence, which shall in no event be  sooner than five days after notice of the decision has been mailed.   (Ord. No. 416 N.S., § 2 (part))  29‐15 Enforcement.  Any person or business violating any provision of this chapter shall be guilty of an infraction. Upon conviction  on an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in Government  Code section 36900. After the third conviction for a violation of this chapter within any twelve month period any  subsequent violation within a twelve month period may be punished as a misdemeanor.   (Ord. No. 416 N.S., § 2 (part))