HomeMy WebLinkAboutTC Agd Pkt 2023-12-06
TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920
Tiburon Town Council
December 6, 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/89217087066
Webinar ID: 892 1708 7066 Call-in Number: 1 669 444 9171 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 Nikfar, 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. Annual Appointments List – Adopt annual list of appointments made by the Town Council in 2023 (Office of the Town Clerk) CC-2. Municipal Code Amendments – Adopt ordinance making amendments to Chapter 16 (Zoning) of the Tiburon Municipal Code to implement provisions of the 2023-2031 Housing Element, creating objective design and development standards for new multifamily development and to designate the property at 4576 Paradise Drive as R-3-10 (Community Development Department) ACTION ITEMS AI-1. Building Permit Extension – Consider granting a building permit extension for Building Permit
No. 16-371, located at 2215 Vistazo East Street (Community Development Department) AI-2. Heritage & Arts Commission – Consider request from Heritage & Arts Commission to transfer
$50,000 from the General Fund Operating Reserves to the Public Art Reserve Fund (Heritage & Arts Commission) AI-3. Election of Mayor – Outgoing Mayor Ryan is invited to share any comments and will entertain nominations for the Office of Mayor and conduct the election (Mayor Ryan) AI-4. Election of Vice Mayor – The Mayor-elect will conduct the election of Vice Mayor (Mayor-elect) AI-5. Town Council Ad Hoc Subcommittee Appointments – Consider creation of 2023 Town Manager Performance Evaluation & 2024 Budget/Finance ad hoc subcommittees and appointment of membership (Office of the Town Clerk) DISCUSSION ITEMS DI-1. Tiburon Boulevard Traffic Study – Discuss proposed scope of work for Request for Proposal related to traffic study on Tiburon Boulevard (Office of the Town Manager/Department of Public
Works) TOWN COUNCIL REPORTS TOWN MANAGER REPORT CLOSED SESSION 1. CONFERENCE WITH PROPERTY NEGOTIATORS Property: (500 Tiburon Boulevard) Town Negotiator: (Town Manager and Town Attorney) Negotiating Parties: (Richardson Bay Sanitation District) Under Negotiations: (Concerning prices and terms of payment) 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Clay Salzman v. Town of Tiburon et al., Marin County Superior Court Case No. CV0001372)
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case) ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY 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.
From:Sophia
To:Town
Subject:Crosswalk at Gilmartin
Date:Tuesday, December 5, 2023 6:55:44 PM
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Dear Town Council representatives,
I am emailing to express our community's need for a safe crossing/crosswalk at Gilmartin x Tiburon Blvd.Most of the people I poll agree that something needs to be done to help community members cross safelyin this area. I see groups and individuals, some with dogs and some with kids, running in between trafficto cross Tiburon Blvd. almost daily (please see photos attached). It always makes my heart skip a beat --having community members take this risk doesn't seem necessary; there has to be a safer solution. Asour representatives, please work with Caltrans to get this project started sooner rather than later for thesafety of our families and children.
Please also add this comment to the public record for this week's town council meeting.
Thank you for all that you do,Sophia Yang
PUBLIC REVIEW COPY
From:Chelsea Young
To:Lea Dilena
Subject:Bel Aire flooding
Date:Wednesday, December 6, 2023 4:36:41 PM
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Lea,
I am a resident of the Bel Aire neighborhood in Tiburon. I am concerned about the potentialfor flooding in my neighborhood when there is a King Tide during a rainstorm. My
understanding is that this type of flooding has occurred in the past. I read this New YorkTimes article with great interest where they describe using green infrastructure built into parks
and open space areas to minimize impacts of storms and sea level rise. The article explains
that in a town like ours on the coast "the strategy has been to...bundle invasive, time-
consuming new infrastructure initiatives with benefits residents desire, like new parks
and playgrounds that have cisterns and basins. Streets were redesigned to...collect
and redirect water." Specifically, the city created "parks with underground tanks and
pumps that can hold and then expel excess water from rain and tidal surges once the
weather clears."https://www.nytimes.com/2023/11/03/headway/hoboken-floods.html
I think this kind of creative thinking could really benefit our town. Tiburon's General Plan for2040 could include much-needed updates to Bel Aire Park, which is currently a neglected
patch of dead grass covered in dog waste. Additionally, I understand that CalTrans will soonupdate Tiburon Boulevard to include a seawall along some of the low-lying stretches,
however, this may worsen flooding during rainstorms by funneling water toward Nugget. Ithink it would be a monumental mistake to move forward with updates near Bel Aire without
addressing its flood risk. I look forward to input from the Town Council members on thisissue.
Warmly,
Chelsea Young
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Clerk
Subject: Adopt Annual Appointments List for 2023
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY Every December, pursuant to Town policy and state law, the Council formally adopts the Annual
Appointments List and authorizes staff to publish the list to inform the public of the appointments the Town Council made in the previous calendar year. RECOMMENDED ACTION(S) 1. Adopt the Annual Appointments List for January through December 2023 by adoption of this item on the Consent Calendar.
BACKGROUND Pursuant to Town Council Appointments Procedure (Resolution No. 16-2007) and state law (Government Code section 54972), the Town Council is required to adopt and publish a list of appointments it had made to local boards and commissions throughout the year, prior to
December 31 of each year. The list is posted at Town Hall. A list of appointments made by the Town Council for the period January through December 2023 is provided for the Council’s adoption as Exhibit 1.
The current Town Council Committee Appointments List is attached as Exhibit 2. The Council will review and make changes or new appointments for 2024 at the Council’s first regular meeting in January. ANALYSIS
No further analysis provided. FINANCIAL IMPACT
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 6, 2023
Agenda Item: CC-1
Town Council Meeting December 6, 2023
TOWN OF TIBURON PAGE 2 OF 2
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 adopt the Annual Appointments List for January through December 2023 by adoption of this item on the Consent Calendar.
Exhibit(s): 1. List of Local Appointments January through December 2023 2. Town Council Committee Appointments (December 2023) Prepared By: Lea Dilena, Town Clerk
EXHIBIT 1
Commission Incumbent Date Appointed Term Expires
Eric Woodward May 2019;
reappointed 2022 February 2026
Kathleen Defever March 2018;
reappointed 2022 February 2026
Erica Williams
May 2014;
reappointed 2015, 2019,
2023
February 2027
Jeff Tsai November 2017;
reappointed 2020 February 2024
Daniel Amir September 2017;
reappointed 2021 February 2025
Alex Rosner April 2023 February 2027
Jim O'Dorisio April 2023 February 2027
Bryan Chong
March 2008;
reappointed 2012, 2016,
2020
February 2024
Suzanne Kim October 2017
reappointed 2020 February 2024
James Malott September 1, 2021 February 2025
Liz Judge March 2022 Feburary 2026
Michael Moon November 2023 Feburary 2026
Chuck Hornbrook March 2019, 2023 February 2027
Angela McInerney September 2017
reappointed 2020 February 2024
Timothy Burr March 2020 February 2024
Francella Hall
October 2012;
reappointed 2014, 2018,
2022
February 2026
Azita de Mujica
October 2010;
reappointed 2014, 2018,
2022
February 2026
Jaleh Etemad August 2018,
reappointed 2022 February 2026
Victoria Fong July 2015,
reappointed 2019, 2023 February 2027
Arjun Gupta March 2022 February 2024
Patricia Ferrin May 20, 2020 February 2024
Leonor Noguez November 2017;
reappointed 2020 February 2024
Town of Tiburon
Local Appointments List
(December 2023)
PLANNING COMMISSION
Must be Tiburon Resident
DESIGN REVIEW BOARD
Must be Tiburon Resident
PARKS, OPEN SPACE AND
TRAILS COMMISSION
Must be Tiburon Resident
HERITAGE & ARTS
COMMISSION
Must be Peninsula Resident
Commission Incumbent Date Appointed Term Expires
Tina Shah Paikeday February 2022, 2023 February 2025
Anette Harris February 3, 2021, 2023 February 2025
Ruben Kalra February 3, 2021, 2023 February 2025
Nooshin Latour January 2023, 2023 February 2025
Karen Carrera March 31, 2021, 2023 February 2025
February 2023
Don Schneier May 1, 2021 February 2025
Mark Swanson February 2012;
reappointed 2015, 2019 February 2024
Kelly Turbin March 2021 February 2025
Richard Wodehouse March 2021 February 2025
Stewart Summers
(ALTERNATE)May 19, 2021 February 2026
Albert Yu August 2023 February 2027
Dan Fletcher April 2023 February 2027
Victoria Gazulis April 2022 February 2024
Isaac Nikfar October 2023 Annual
Appointment
Liz Webb (RUSD)
Mary McDevitt 2023
No set term
limit
James Sherman 2006 No set term
limit
Holli Thier
(Town Council)November 2019 Annual
Appointment
Jeff Slavitz September 2018,
reappointed 2022 June 2026
Ken Weil August 2019, 2023 June 2027
Larry Drew August 5, 2020 June 2024
Niran Amir (RUSD) November 2017 June 2025
HILARITA ‐ TIBURON
REPRESENTATIVE
Tiburon Resident
Carolyn Grey April 2017 No set term
limit
BELVEDERE‐TIBURON
LIBRARY BOARD OF
TRUSTEES
3 Tiburon Residents
3 Belvedere Residents
DIVERSITY INCLUSION TASK
FORCE
Must be Tiburon or
Belvedere Resident
5 Town Council members + 5 at‐large community members
No term limit
BUILDING CODE APPEALS
BOARD
VACANT
THE RANCH COMMITTEE
(Belvedere‐Tiburon Joint
Recreation Committee)
3 Tiburon Residents
3 Belvedere Residents
DISASTER ADVISORY
COUNCIL
MARIN COMMISSION
ON AGING Jane Gould October 20, 2021; 2023 June 2025
Commission Incumbent Date Appointed Term Expires
TOWN HISTORIAN
Must be Tiburon Resident David M. Gotz July 2015 No set term
limit
TOWN TREASURER
Tiburon resident ‐
Financial Background
VACANT
[William Osher]
January 1998;
(resigned 2015)
No set term
limit
ARTIST LAUREATE May 2022
MOSQUITO & VECTOR
CONTROL DISTRICT BOARD
Tiburon Resident
Cathy Benediktsson August 5, 2020, 2022 December 2026
VACANT
EXHIBIT 2
2023 Town Council Committee Appointments List Page 1 of 5
TIBURON TOWN COUNCIL
COMMITTEE APPOINTMENTS
2023
I. STATE & REGIONAL AGENCIES
1. ASSOCIATION OF BAY AREA GOVERNMENTS (General Assembly meets in April and October)
Holli Thier, Delegate
Jon Welner, Alternate
2. COMMUNITY DEVELOPMENT BLOCK GRANT
PRIORITY-SETTING COMMITTEE (CDBG) (Meets twice a year in Marin City and at Civic Center)
Holli Thier, Delegate
Jack Ryan, Alternate
3. LEAGUE OF CALIFORNIA CITIES
(Meets quarterly and at the Annual Conference in September; other events as published)
Alice Fredericks
• Voting Delegate for Town of Tiburon
o Alternate: Holli Thier
• Transportation, Communication & Public Works State Policy Committee -
(Appointment by North Bay Division of the League of CA Cities)
4. MARIN CLEAN ENERGY BOARD OF DIRECTORS
(Meets 1st Thursday from 7–9 p.m. at 1 McGinnis Parkway, San Rafael) Holli Thier, Delegate
Jack Ryan, Alternate
5. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS
(Meetings scheduled as needed)
Police Chief Michelle Jean, Delegate
Captain Jarrod Yee, Alternate
6. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS
(Meets monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall)
Jack Ryan, Delegate
Alice Fredericks, Alternate
7. TRANSPORTATION AUTHORITY OF MARIN
BOARD OF COMMISSIONERS (Meets monthly on 4th Thursday at 7:30 p.m. - Board of Supervisors Chambers, Civic Center)
Alice Fredericks, Board member [Term = 1/1/2020 – 12/31/2023]
2023 Town Council Committee Appointments List Page 2 of 5
• Fredericks serves on the Human Resources Ad Hoc Committee, and
Administration Projects Planning Executive Committee
• Fredericks is MCCMC liaison to TAM and reports monthly at MCCMC
Jack Ryan, Alternate
II. LOCAL AGENCIES/COMMITTEES
1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL
(Meets bi-monthly on 2nd Tuesday from 4:00 - 5:30 p.m. in the Town Council Chambers)
Holli Thier, Town Council Representative
2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (The Ranch) (Meets bi-monthly on 3rd Monday in the Town Hall Community Room)
Isaac Nikfar, Town Council Voting Member
3. TIBURON PENINSULA TRAFFIC RELIEF JOINT POWERS AGENCY (formed 3/16/16)
[JPA members include Town of Tiburon, City of Belvedere, RUSD]
Holli Thier – Primary Director
Jack Ryan – Primary Director
4. CHAMBER OF COMMERCE LOCAL BUSINESS TASK FORCE
[Task Force members include Chamber Exec. Director, Tiburon Town Manager,
Destination Tiburon member, and two retail representatives]
VACANT
Jack Ryan
III. TOWN STANDING COMMITTEES
1. DIVERSITY INCLUSION TASK FORCE
• Holli Thier (Chair)
• VACANT (Vice Chair)
2. DOWNTOWN REVITALIZATION
• Jack Ryan
• Holli Thier
3. LEGISLATIVE ACTION
• Jack Ryan
• Alice Fredericks
4. MARTHA PROPERTY APPLICATIONS
• Jon Welner
• Alice Fredericks
2023 Town Council Committee Appointments List Page 3 of 5
5. USE OF TECHNOLOGY
• Holli Thier
• Jon Welner
IV. TOWN AD HOC COMMITTEES
1. SUSTAINABILITY
• Alice Fredericks
• Jon Welner
2. UTILITY UNDERGROUNDING ASSESSMENT DISTRICT POLICY
• Alice Fredericks
• Jack Ryan
3. 2023 TOWN MANAGER PERFORMANCE EVALUATION [NOW SUNSET]
• Jack Ryan
• Alice Fredericks
4. 2023 BUDGET FINANCE [NOW SUNSET]
• Jack Ryan
• Alice Fredericks
5. 2022 COURT USAGE
• Alice Fredericks
• Jack Ryan
6. PARKS AND RECREATION MASTER PLAN
• Jack Ryan
• Isaac Nikfar
7. TOWN COUNCIL RULES & PROTOCOLS
• Holli Thier
• Jon Welner
V. BOARD OF SUPERVISORS APPOINTMENTS
Nominated by MCCMC and appointed by Board of Supervisors
GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT BOARD OF DIRECTORS
(Meets 2nd & 4th Fridays at 10 a.m., GGBHTD offices)
Holli Thier [current term = 1/1/2022 – 1/1/2024]
VI. MCCMC COMMITTEE APPOINTMENTS
2023 Town Council Committee Appointments List Page 4 of 5
1. Legislative Committee [a Standing Committee per MCCMC Bylaws]
(Meets4th Monday at 8:00 a.m., San Rafael City Hall)
Alice Fredericks (also serves as Chair)
No alternate
2. JPA Oversight Ad Hoc Committee
(Meetings scheduled as needed)
Jack Ryan, delegate
No alternate
3. Climate Change and Sea Level Rise – Ad Hoc Committee
(Meetings scheduled as needed)
Alice Fredericks, delegate
Jon Welner, alternate
4. Pension and OPEB Reform Committee
Holli Thier, Delegate
Jack Ryan, Delegate
Vacant, Alternate
5. Disaster Preparedness Committee
Jack Ryan, Delegate
Holli Thier, Alternate
8. Water Policy Committee
Holli Thier Delegate
[vacant], Delegate
9. Marin County Bay Waterfront Adaptations Vulnerability Evaluation
*(Bay WAVE) Policy Group
Alice Fredericks’ appointment affirmed by Town Council on April 20, 2016
8. HOMELESS POLICY STEERING COMMITTEE (HPSC)
(Under auspices of County Dept. of Health Human Services)
Isaac Nikfar, Town representative
VII. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST
MarinMap Steering Committee
(Meetings scheduled as needed)
[VACANT]
2023 Town Council Committee Appointments List Page 5 of 5
Marin County Hazardous & Solid Waste JPA
(Meets quarterly) Greg Chanis
Marin Climate and Energy Partnership (MCEP)
Local Governments for Sustainability (Meets 1st Thursday, San Rafael City Hall)
Samantha Bonifacio (Assistant Planner), Staff Liaison & voting board member
TOWN OF TIBURON PAGE 1 OF 6
STAFF REPORT
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Adoption of Ordinance No. 606 N.S. amending Chapter 16 (Zoning) of Title IV of the Tiburon Municipal Code to implement provisions of the 2023-2031
Housing Element, including amendments to Divisions 16-14 (Zoning Map),
16-21 (Residential Zones), and 16-100 (Definitions) and amending the Zoning Map to designate property at 4576 Paradise Drive as R-3-10 (Multifamily Residential). Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY Adopt the attached Ordinance amending Chapter 16 (Zoning) of Title IV of the Tiburon Municipal Code to implement provisions of the 2023-2031 Housing Element, including amendments to Divisions 16-14 (Zoning Map), 16-21 (Residential Zones), and 16-100 (Definitions) and amending the Zoning Map to designate property at 4576 Paradise Drive as R-
3-10 (Multifamily Residential). RECOMMENDED ACTION(S) 1. Move to waive a second reading of Ordinance No. 606 N.S. and adopt the ordinance.
BACKGROUND
On November 15, 2023, the Town Council introduced and gave first reading of this ordinance
following a public hearing. The Town Council received a staff report and opened the public hearing, received comments from the public and the Council closed the public hearing and discussed the issues, voted to introduce and give first reading to the ordinance, and directed staff to return at the next regular meeting of the Council with the Ordinance for adoption. The Town
Council voted 4-1 (one abstention) to introduce the Ordinance with one revision. The revision
amended the Draft Ordinance to remove the following recital shown in strike out text and replace it with the recital shown in underlined text as shown below: WHEREAS, the Town Council finds that the amendments made by this Ordinance are necessary
for the protection of the public health, safety and welfare;
WHEREAS, the Town Council finds that public necessity and general welfare require that the amendments made by this Ordinance in order to comply with the Town’s adopted Housing
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 6, 2023
Agenda Item: CC- 2
Town Council Meeting December 6, 2023
TOWN OF TIBURON PAGE 2 OF 6
Element and provide capacity for housing at all income levels and to establish objective design and development standards to comply with State law and for all of the reasons set forth in the staff report;
The item now comes before the Town Council for final approval and adoption. This is a consent
calendar item. The Council’s motion to adopt this item on the consent calendar will constitute a motion to waive second reading and adopt the ordinance attached as Exhibit 1. Each Councilmember’s vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance.
If any Councilmember chooses to vote differently on this item than other items (if any) on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded.
ANALYSIS
To prepare the amendment to the ODDS that are applicable to new or remodeled multifamily development in the R-3, R-3-10 and R-4 zones, staff met with the Design Review Board (DRB) on August 10 and September 21, 2023. Staff presented the challenge of creating multifamily
ODDS for sloped sites that would achieve the densities called for in the Housing Element to the
public and the DRB. Staff also noted that the starting point for creating objective standards would be the Tiburon Hillside Design Guidelines which were adopted in 1981. While the Guidelines are generally applicable to the construction of new or modified single-family homes, many of the design concepts are also applicable to multifamily development on sloped sites.
While most of the guidelines are subjective, many of the concepts and directives could be
quantified and thereby made objective. The Guidelines can be found online at:
https://www.townoftiburon.org/DocumentCenter/View/1044/Hillside-Design-Guidelines-and-General-Guidelines-for-New-Construction.
The DRB provided guidance and input on drafting the ODDS that included the following:
To reduce building bulk, the DRB members discussed:
• terracing buildings with the slope, with height limits that parallel the grade,
• running principal roof forms perpendicular to the slope,
• limiting the height of downslope gables,
• incorporating height stepbacks on upper stories near the property perimeters to transition
to adjacent development,
• limiting projecting decks, and
• avoiding large expanse of any material on a single plane.
The Board discussed breaking up building massing by clustering a small number of units and separating them with “green seams” – vegetated pedestrian ways and stairs that would form a circulation network. The Board also discussed implications that new development might have on neighbors’ views and grappled with how to address this concern using objective standards
developed with no specific project site in mind.
To minimize the appearance of parking, the Board encouraged:
Town Council Meeting December 6, 2023
TOWN OF TIBURON PAGE 3 OF 6
• locating parking below units, cut into hillsides and largely below finished grade,
• limiting the size of parking areas,
• limiting the extent of garage doors along street frontages,
• limiting the width of driveways and private streets, and
• incorporating landscape screening.
To blend new buildings with their setting, the Board suggested:
• limiting colors ranging from medium to darker tones to be less visible against the dark
colors of surrounding vegetation,
• defining prohibited materials,
• limiting glazing, and
• requiring vegetation downslope of new buildings and along street frontages.
The recommendations made by the DRB were incorporated into the proposed ODDS, which are described below.
Amending division 16-14 (Zoning Map) (Section 1 in ordinance)
Table 1-1 is being amended to add a new R-3-10 Zone which has the same development
regulations as the existing R-3 Zone but requires a minimum density of 10 units per acre in compliance with requirements of the newly adopted Housing Element.
Amending division 16-21 (Residential Zones) (Section 2 in ordinance)
The new R-3-10 Zone is added to the purpose statements and to the Land Use and Development
Standards tables. In addition, the following changes are included for the multifamily zoning
districts based on detailed analysis of potential building volumes and achievable densities to conform with the new Housing Element:
Front setback: add a minimum 20’ setback for a garage (existing building setback is 15’ minimum)
Street side setback: increase from a minimum of 8’ to 15’ (with the minimum 20’ garage
setback)
Rear setback: increase from a minimum of 8’ to 20.’
Site coverage: increase in the R-4 Zone from 40% to 50%
Height: increase from a maximum of 30 feet to 35 feet and 3 stories
Although not part of the ODDS, it should be noted that building placement is restricted by General Plan Policy C-9 that requires that development be setback from the top of a perennial, intermittent, and ephemeral stream banks a minimum of 50 feet for projects on sites up to 5 acres in size and setback at least 100 feet on larger sites.
Open space standards are revised to allow a combination of both private and community open
spaces to count towards the minimum square footage requirements, as was done for multifamily
developments in the Downtown ODDS.
Detailed ODDS are added which are applicable to the R-3, R-3-10 and R-4 Zones and include the following:
Building Massing and Stepbacks (16-21.040.D in the ordinance)
Town Council Meeting December 6, 2023
TOWN OF TIBURON PAGE 4 OF 6
The amendments include several allowable building projections into setbacks to allow design elements to break up the building façade. To break up building massing, the maximum width of any building is limited to 180 feet. Buildings within 10’ of setbacks must incorporate recesses at least every 60 feet (termed “massing increments) to give the appearance of
multiple smaller buildings. Finally, corner height stepbacks are required at the corners of
buildings within 10’ of street setbacks or adjacent to a paseo (a type of community open space) to better allow views between buildings and further reduce apparent building mass.
Residential Frontages (16-21.040.E in the ordinance)
Street frontages are required to be composed of residential buildings or paseos (a type of
community open space) for at least 75% of the available frontage, limiting the amount of
parking area which can be adjacent to the street. There is an exception to allow one story structures on steep sites within the required residential frontage area if located behind a minimum 30’ landscaped setback.
This section also includes standards for building entrances, proportion of windows and doors
on principal facades, requires specific building entry types (porch, stoop and vestibule), limits
the width and proportion of garage doors and contains regulations for service areas and utilities/mechanical equipment.
Building Design (16-21.040.F in the ordinance)
Regulations on exterior building materials include requiring darker shades to blend with
darker foliage in open space areas, limiting the use of a single material to a maximum of 40%
of the principal façade area to create variation and standards for wood, stucco, concrete, metal, brick and stone finishes.
Window types and materials are regulated as well as standards to assure privacy between windows on opposing building walls.
Roof requirements include maximum projections, rooflines that are parallel to slope contours
and limiting the height of gable ends to reduce the scale of structures from downslope vantage points.
Open Space Design (16-21.040.G in the ordinance)
The amendments define standards for various types of Community Open Space including:
• Paseos (landscaped pedestrian passageways which may include associated recreational spaces),
• Outdoor Recreation Space (play areas, pools, and other recreational facilities),
• Shared Courts (shared space for vehicles, bicyclists and pedestrians such as a parking court),
• Roof Terraces,
• Community Rooms, and
• Community Gardens.
Sidewalks are required to be provided along street frontages, provided a sidewalk exists on at least one side of the site. Bicycle improvements which are shown in the General Plan Mobility Element are required to be installed.
Town Council Meeting December 6, 2023
TOWN OF TIBURON PAGE 5 OF 6
Landscape Design (16-21.040.H in the ordinance)
ODDS include requiring at least 90% of setback areas be landscaped, providing minimum plant size standards, and regulations for fences and walls and for site lighting.
Vehicular Access and Parking (16-21.040.I in the ordinance)
The minimum and maximum width and design of private streets and alleys are defined.
Standards are also established for line-of-sight from driveways at street frontages.
Parking ratios are deferred to the existing Zoning Code standards, however, bicycle parking is increased to require covered and secure parking based upon the number of bedrooms per unit, as well as some communal/guest bicycle racks. Standards are provided for parking lot design, screening and landscaping. As with the Downtown ODDS, allowances are included for
mechanical lifts and tandem parking.
Site Preparation and Engineering (16-21.040.J in the ordinance)
The regulations include prohibiting development on slopes exceeding 30%, although so as to not apply this restriction to small pockets of slope over 30% there is an exclusion of area
within 25’ of the perimeter the 30%+ slope area. There is also a prohibition of development
on portions of sites over 10% slope that are within a mapped earthquake fault zone, a high landslide susceptibility zone or a documented prior landslide, slump or natural spring. In addition, sites with these characteristics must have a geotechnical report prepared by a licensed engineer with recommendations for construction which must be incorporated into the
project.
There are regulations for retaining walls allowing maximum height of 3.5’ for freestanding walls in setback areas and 6’ elsewhere and up to 18’ for walls under buildings to allow for garages cut into slope hillsides.
For projects that are subject to ministerial approval under State law, which preclude CEQA
review, the ODDS propose standards for assessment of biological and cultural resources, requiring submittal of a report by a qualified biologist or archaeologist with recommendations for construction which must be incorporated into the project.
Since current tree alteration and removal standards in Chapter 15A require discretionary tree permits, for projects that qualify for ministerial review the ODDS include requirements to
preserve all existing heritage trees (defined in Chapter 15A as trees with circumference over 60” diameter) and to replace other trees with circumference of 20” or more or height over 15’ at a 2:1 ratio with minimum 15-gallon trees.
• Amending division 16-100 (Definitions) (Sections 2 and 3 in the ordinance)
The ODDS add several new definitions of terms used in the text, and several amendments to
existing defined terms. Proposed Amendments to the Zoning Map
The Zoning Map (Exhibit A) is being amended to comply with the adopted General Plan Land
Use Map which designates the property at 4576 Paradise Drive as Vey High Density Residential
and with Program H-ll of the adopted Housing Element by rezoning 4576 Paradise Drive from RPD (Residential Planned Development) to R-3-10 (Multifamily Residential).
Town Council Meeting December 6, 2023
TOWN OF TIBURON PAGE 6 OF 6
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 zoning amendments are prepared in accordance with the California Environmental Quality Act (CEQA) and applicable guidelines. As noted above, the Town prepared an
Environmental Impact Report which was circulated for public comment from March 16, 2023,
through May 1, 2023. On May 22, 2023, the Town Council held a duly noticed public meeting and certified the Final EIR and a Statement of Overriding Considerations and a mitigation and monitoring program. Environmental impacts of implementation of the Housing Element programs related to adoption of ODDS for multifamily development and rezoning of Site H
(4576 Paradise Drive) were addressed in the General Plan 2040 Final EIR. A memorandum has
been prepared finding the proposed zoning code and map amendments to be consistent with the Environmental Impact Report (EIR) prepared for the General Plan 2040 (Exhibit 2) and that, therefore, no supplemental or subsequent EIR is required because none of the circumstances requiring a supplemental or subsequent EIR exist (CEQA Guidelines Section 15162):
(a) No substantial changes are proposed in the project which will require major revisions of
the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Zoning Ordinance and Zoning Map amendments do not create any additional environmental impacts.
(b) No substantial changes have occurred with respect to the circumstances under which the
project is undertaken. The EIR was certified in May 2023, and no substantial evidence has been submitted showing any change in the circumstances applicable to the project.
(c) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was
certified as complete, has been submitted to the Town.
RECOMMENDATION Staff recommends that the Town Council move to waive a second reading of Ordinance No. 606
N.S. and adopt the ordinance.
Exhibits 1. Draft Town Ordinance No. 606 N.S
2. Memorandum of Finding of Consistency
Prepared By: Dina Tasini, Director of Community Development
EXHIBIT 1
EXHIBIT 1
ORDINANCE NO. XXX N.S. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING PROVISIONS OF TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE BY AMENDING DIVISIONS 16-14 (ZONING MAP); 16-21 (RESIDENTIAL ZONES); AND 16-100 (DEFINITIONS) AND AMENDING THE TOWN OF TIBURON ZONING MAP
WHEREAS, the 2023-2031 Tiburon Housing Element was adopted by the Town
Council on May 23, 2023, amended on September 20, 2023, and found to be in substantial
compliance with Housing Element law by the State Department of Housing and Community Development (HCD) on October 18, 2023 (“Housing Element”); and
WHEREAS, the Housing Element includes an inventory of housing opportunity sites that designates specific densities and zoning classifications for certain parcels as needed to meet
the Town’s Regional Housing Needs Allocation (RHNA) and further establishes policies and
programs necessary to implement requirements of State housing law; and
WHEREAS, amendments to the Zoning Ordinance and Zoning Map are necessary to permit housing at the densities specified within the Housing Element, including changes to the base zoning of parcels; and
WHEREAS, the Town has conducted numerous public meetings, study sessions,
workshops, and hearings during 2022 and 2023 to identify housing opportunity sites, prepare objective development and design standards to accommodate higher density development which retains the predominant design character of the community, and set the parameters of associated zoning amendments to facilitate higher density development; and
WHEREAS, the Zoning Ordinance and Zoning Map amendments were prepared in
accordance with applicable statutory requirements taking into account public comment and consistency with the Tiburon General Plan 2040 and related Town policies; and
WHEREAS, objective development and design standards and associated rezonings for commercial mixed-use development in the Downtown area were previously introduced by the
Town Council on June 7, 2023 following a duly noticed public hearing and adopted on June 21,
2023 as Ordinance No. 605; and
WHEREAS, the Design Review Board discussed and provided feedback on multifamily objective development and design standards at duly noticed regular meetings on August 10, 2023 and September 21, 2023; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing at a
regular meeting on October 25, 2023 and adopted Resolution No. 2023-009 recommending to the Town Council that various text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code and a revision to the Zoning Map to further implement programs on the Tiburon Housing Element; and
WHEREAS, on November 15, 2023, the Town Council held a duly noticed public
hearing and has heard and considered all public testimony on the proposed Ordinance; and
WHEREAS, the Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 2 of 39
WHEREAS, the Town Council finds that public necessity and general welfare require that the amendments made by this Ordinance in order to comply with the Town’s adopted
Housing Element and provide capacity for housing at all income levels and to establish objective
design and development standards to comply with State law and for all of the reasons set forth in the staff report; and
WHEREAS, the Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan 2040 and other adopted
ordinances and regulations of the Town of Tiburon, and further the intent and purposes of
General Plan goals and policies; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the Town of Tiburon prepared an Environmental Impact Report (SCH Number 2022100473) which was circulated for public comment from March 16, 2023 through May 1, 2023 and certified by
the Tiburon Town Council on May 22, 2023, which analyzed the policies and implementing
programs of the Tiburon Geneal Plan 2040, including the 2023-2031 Housing Element; and
WHEREAS, the certified EIR considered the proposed amendments to the Zoning Ordinance and Zoning Map of the Town of Tiburon and disclosed all potential environmental impacts including those impacts that may be mitigated to a level of less-than-significant; and
WHEREAS, the Town Council of the Town of Tiburon considered the Final EIR
including the response to public comments, adopted a Statement of Overriding Considerations, and certified the EIR on May 22, 2023 following a duly noticed public hearing; and
WHEREAS, the Town Council of the Town of Tiburon conducted a duly and properly noticed public hearing to take public testimony and consider this Ordinance.
NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of
Tiburon that the amendments to the Tiburon Municipal Code and Tiburon Zoning Map are consistent with the Tiburon General Plan 2040 including the following goals, policies and programs:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. The project is consistent with Housing Element Policies H-D1 (Variety of Housing
Choices), H-D3 (Key Housing Opportunity Sites), H-D7 (Retention and Expansion of Multifamily Sites at Medium and Higher Density), and Programs H-ff (Design of Multifamily Housing), H-ii (Rezone Housing Opportunity Sites), H-ll (Rezone 4576 Paradise Drive), in that the project rezones the property at 4576 Paradise Drive to a
new zoning district of R-3-10 requiring a minimum density of 10 dwelling units per
acre and a maximum of 12.4 units per as required by Housing Element Program H-ll and adopts objective development and design standards for new multifamily housing developments, including those on hillside sites, as required under State housing laws and Housing Element Programs H-ii and H-ll.
The proposed objective development and design standards for multifamily housing
development allow for multifamily units to be constructed at densities called for in the 2023-2031 Housing Element which will result in new unit types and sizes to diversify the housing opportunities in the community, providing units which will be more affordable by design. They also serve to streamline the development approval
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 3 of 39
process by providing objective, quantified and known requirements for new multifamily development proposals.
H-D1 Variety of Housing Choices. In response to the broad range of housing
needs in Tiburon, the Town will strive to achieve a mix of housing types, densities, affordability levels and designs. This will include an adequate supply and variety of housing opportunities to meet the needs of Tiburon’s workforce and their families, striving to match housing types and affordability with
household income. The Town will work with developers of non-traditional and
innovative housing approaches in financing, design, construction, and types of housing that meet local housing needs. Housing opportunities for families with children should not be limited because necessary facilities are not provided on site.
H-D2 New Affordable Housing. Facilitate the design, approval, and construction
of affordable housing projects using a variety of mechanisms, including mixed-use development incentives, inclusionary zoning, density bonus programs, affordable housing overlay zones, and create of accessory dwelling units.
H-D3 Key Housing Opportunity Sites. Given the diminishing availability of
developable land, the Town will identify housing opportunity areas and sites
where a special effort will be made to provide workforce and special needs affordable housing. The Town will take specific actions to promote the development of affordable housing units on these sites (identified in the Implementing Programs).
H-D7 Retention and Expansion of Multifamily Sites at Medium and Higher
Density. The Town will strive to protect and expand the supply and availability of multifamily and mixed use infill housing sites for housing. The Town will not re-designate or rezone residential land for other uses or to lower densities without re-designating equivalent land for higher density multifamily development.
H-ff Design of Multifamily Housing. Conduct design review to assure
excellence of design in new multifamily housing development and utilize objective design and development standards for applicable projects.
H-ii Rezone Housing Opportunity Sites. Establish new Mixed Use, Main Street, and R-4 zoning districts and objective design and development standards
for those districts that facilitate development at the realistic unit capacities and
densities established in Table 11 for each site. Rezone Sites 1-7, 9, and A-F to Mixed use, Site 8 to R-4, and Site G to Main Street. As reflected in Table 11, Sites 1-9 are identified to accommodate a portion of the lower-income RHNA. These will be rezoned to:
1. require the minimum density identified in Table 11;
2. permit owner-occupied and rental multifamily uses by right pursuant to Government Code section 65583.2(i) for development in which 20 percent or more of the units are affordable to lower income households;
3. allow 100 percent residential use; and
4. require residential use occupy at least 50 percent of the total floor area of a
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 4 of 39
mixed use project.
H-ll Rezone 4576 Paradise Drive. Rezone 4576 Paradise Drive to R-3-10 and
require a minimum density of 10 units per acre. Develop and adopt objective
development and design standards that will permit development of projects on hillside sites including Site H at the capacities assumed in the Housing Sites Inventory (Table 11).
3. The Town Council hereby finds that the action to adopt this Ordinance and the
amendments to the Zoning Code and Zoning Map have been considered and
analyzed in the certified Final EIR for General Plan 2040. No supplemental or subsequent EIR is required because none of the circumstances requiring a supplemental or subsequent EIR exist (CEQA Guidelines Section 15162):
(a) No substantial changes are proposed in the project which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant effects. The Zoning Ordinance and Zoning Map amendments do not create any additional environmental impacts.
(b) No substantial changes have occurred with respect to the circumstances under
which the project is undertaken. The EIR was certified in May 2023, and no
substantial evidence has been submitted showing any change in the circumstances applicable to the project.
(c) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time
the previous EIR was certified as complete, has been submitted to the Town.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENTS TO CHAPTER 16, DIVISION 14
Tiburon Municipal Code Title IV, Chapter 16, Division 14 (Zoning Map) is hereby amended to
read as follows (additions in underline, deletions in strikethrough text):
16-14 Zoning Map
16-14.010 - Purpose.
The purpose of division 16-14 is to establish the zones applied to property within the town and adopt the town's zoning map and planned development map.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-14.020 - Zoning map and zones.
The council hereby adopts the Town of Tiburon Zoning Map (hereafter referred to as the "zoning map") and "planned development map", which are on file with the department. The zoning map and planned development map are hereby incorporated into this zoning ordinance by
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 5 of 39
reference as though they were fully included here. The zones referred to herein and the boundaries of such zones shall be shown upon the zoning map.
A. Zones established. The town shall be divided into zones that implement the general
plan. The zones shown in table 1-1 are hereby established, and shall be shown on the zoning map.
TABLE 1-1 ZONES
Zone
Symbol
Name of Zone General Plan Land Use Designation
Conforming with Zone
R-1 Single-family residential zone Medium High Density (MH)
R-1-B-A Bel Aire single-family residential zone Medium High Density (MH)
R-1-B-2 Modified single-family residential zone Medium High Density (MH)
RO Residential open zone Medium Density (M) and Medium Low Density(ML)
R-2 Two-family residential zone High Density (H)
R-3 Multifamily residential zone Very High Density (VH)
R-3-10 Multifamily residential zone Very High Density (VH)
R-4 Multifamily residential zone Very High Density – 25 (VH-25)
RPD Residential planned development zone Low Density (L) and PD-R Planned Development Residential (PD-R)
RMP Residential multiple planned zone Very High Density (VH) and Very High Density/Affordable Housing Overlay
(VH/AHO)
M Marine zone Marine (Marine)
O Office zone Office (O)
NC Neighborhood commercial zone Neighborhood Commercial (NC)
NC/AHO Neighborhood commercial/affordable housing
overlay zone
NC/AHO Neighborhood
Commercial/Affordable Housing Overlay
VC Village commercial zone Village Commercial (VC)
MS Main Street zone Main Street (MS)
MU Mixed use zone Mixed Use (MU)
P Public/quasi-public zone Public/Quasi-Public (P)
OS Open space zone Open Space (OS)
F Flood hazard overlay zone All
HPO Historic protection overlay zone All
P&R Parks and recreation zone Parks and Recreation (Park)
B. Zoning map and planned development map changes. If, in compliance with the provisions herein, changes are made in zone boundaries or other matter portrayed on the zoning map or planned development map, such changes shall be made on the map or maps promptly after the amendment has been approved by the council, together with an
entry on the map or maps indicating the authority for such change and the date when
such change became effective.
C. Interpretation of Zone Boundaries.
1. At all points on the zoning map where a zone is defined as being bounded by or running to a public street (other than a state highway), it shall be construed as
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 6 of 39
being bounded by and running to the center of such street. In like manner, the zoning map shall in all cases be construed as bounding each zone by the centerline
of each street (other than a state highway) upon which it shall abut,
notwithstanding the fact that the demarcation of such zone shall be shown on the map as the sideline of such street. It is declared to be the intent and purpose of this division to bound all zones by the centerline of the streets upon which they abut, whether or not conveyances of abutting lands shall have gone to the centerlines of
such streets as provided in Civil Code section 1112. However, in instances where
an abutting parcel or area not located within the town is located on the opposite side of any street located in the town, the town zoning shall extend the entire width of the street and not terminate at the centerline of the street. For any state highway or state highway segment located in the town, the entire right-of-way of
said highway or highway segment in the town shall be conclusively construed as
being zoned Public/Quasi-Public (P), regardless of abutting zoning or jurisdictional lines.
2. If uncertainty exists in any boundary indicated on the zoning map or the planned development map, the director shall determine the location of such boundary
pursuant to provisions of subsection 16-12.020 (Authority for Interpretation).
3. Zone boundaries shall extend vertically upward and downward from the ground surface.
4. If there is uncertainty about the location of any zone boundary shown on the official zoning map, the following rules are to be used in resolving the
uncertainty:
a. Where zone boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the zone boundaries;
b. If a zone boundary divides a lot and the boundary line location is not
specified by distances printed on the zoning map, the location of the
boundary will be determined by using the scale appearing on the zoning map;
c. Where a public street or alley, excluding a state highway, is officially vacated or abandoned, the property that was formerly in the street or alley
will be included within the zone of the adjoining property on either side of
the centerline of the vacated or abandoned street or alley; and
d. Any property not clearly designated on the zoning map in any of the zones established by article II (Zones and Allowable Land Uses) shall hereby be designated as being in the RPD (residential planned development) zone
(subsection 16-21.020.F.1 [RPD (residential planned development) zone]).
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 561 N.S. , § 2(A), 9-2-2015)
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 7 of 39
SECTION 2. AMENDMENTS TO CHAPTER 16, DIVISION 21.
Tiburon Municipal Code Title IV, Chapter 16, Division 21 (Residential Zones) is hereby
amended to read as follows (additions in underline, deletions in strikethrough text):
16-21 Residential Zones
16-21.010 - Purpose.
The purpose of division 16-21 is to establish the land uses that may be allowed within the
residential zones established by section 16-14.020 (zoning map and zones), determine the types of zoning permit (if any) required for each use, and provide standards for site layout and building size.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)
16-21.020 - Purposes of the residential zones.
The purpose of each residential zone is as follows.
A. R-1 (single-family residential) zone. The R-1 zone is intended to promote and encourage the maintenance of a suitable environment for suburban family living on smaller single-family residential lots in older developed areas of the town. The R-1 zone conforms with general plan land use designation medium high density (MH).
B. R-1-B zones. The R-1-B zones are comprised of properties formerly located in
unincorporated Marin County that were annexed to the town after incorporation in 1964. These properties were generally developed under County of Marin zoning districts with setbacks that do not correspond to other single-family residential zones in the town. The R-1-B zones conform with general plan land use designation medium high density (MH). R-1-B zones have modified setbacks in order to reduce the creation of nonconforming structures
that would otherwise result from annexation of properties that were generally developed with different setback requirements.
1. R-1-B-A (Bel Aire single-family residential) zone. The R-1-B-A zone serves the same purpose as the R-1 zone but is intended to reflect the different front and side setbacks historically found in the Bel Aire Estates neighborhood. The principal uses, conditional
uses, and development standards for the R-1-B-A zone shall be the same as the R-1 zone with the exception of the front and side setbacks established in section 16-21.040 (residential zones development standards).
2. R-1-B-2 (modified single-family residential) zone. The R-1-B-2 zone serves the same
purpose as the R-1 zone but is intended to reflect the different front and side setbacks
with which the properties were developed. The principal uses, conditional uses, and the development standards for the R-1-B-2 zone shall be the same as the R-1 zone with the exception of the front and side setbacks established in section 16-21.040 (residential zones development standards).
C. RO (residential open) zone. The RO zone is intended to promote and encourage the maintenance
of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone. There are two RO zones, RO-1 and RO-2, each having its own
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 8 of 39
development standards. The permitted and conditional uses are the same for both zones. The RO-1 zone conforms with general plan land use designation medium low density (ML). The RO-2
zone conforms with general plan land use designation medium density (M).
D. R-2 (two-family residential) zone. The R-2 zone is intended to promote and encourage the establishment and maintenance of a suitable environment for suburban family living in areas appropriate by location and character for single-family and two-family dwellings. The R-2 zone conforms with general plan land use designation high density (H).
E. R-3 (multifamily residential) zone. The R-3 zone is intended to promote and encourage the
establishment and maintenance of a suitable environment for residence in areas appropriate by location and character for multifamily dwellings. The R-3 zone conforms with general plan land use designation very high density (VH).
F. R-3-10 (multifamily residential) zone. The R-3-10 zone is intended to promote and
encourage the establishment and maintenance of a suitable environment for higher density
residences in areas appropriate by location and character for multifamily dwellings. The R-3-10 zone conforms with the general plan land use designation very high density (VH) and requires a minimum residential density of 10 dwelling units per acre.
G. R-4 (multifamily residential) zone. The R-4 zone is intended to promote and encourage the
establishment and maintenance of a suitable environment for higher density residences in
areas appropriate by location and character for multifamily dwellings. The R-4 zone conforms with general plan land use designation very high density (VH-25) and requires a minimum residential density of 20 dwelling units per acre.
H. Planned residential development zones. There are numerous planned developments where
applicable zoning regulations have been previously established by adoption of master plans,
precise plans, precise development plans, conditional use permits, or similar zoning permits. These planned developments are depicted on the map entitled "Planned Development Map," incorporated as section 16-14.020 (zoning map and zones). A current list of the applicable ordinances and/or resolutions governing the planned developments is on file at the
community development department.
1. RPD (residential planned development) zone. The RPD zone is intended to protect and preserve open space land as a limited and valuable resource without depriving owners of a reasonable use of their property for residential purposes. The regulations of the zone are designed to insure, to the extent feasible, the conservation of natural resources
and the retention of land in its natural or near natural state in order to, among other
things, assist in the containment of urban sprawl and protect the community from the hazards of fire, flood, seismic and other catastrophic activity, and to otherwise implement the goals and policies of the general plan. The RPD zone conforms with general plan land use designation low density (L) and PD-R planned development
residential (PD-R).
2. RMP (residential multiple planned) zone. The RMP zone has the same purposes and shall be governed by the same regulations as the RPD zone (Subsection 1. above) except as otherwise provided herein. The RMP zone conforms with general plan land use designation very high density (VH).
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 564 N.S. , §§ (B), (C), 4-6-2016)
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 9 of 39
16-21.030 - Residential zones allowable land uses and permit requirements.
A. General permit requirements. Table 2-1 identifies the uses allowed by this zoning ordinance
in each residential zone, and the zoning permit required to establish each use, in compliance
with section 16-20.030 (allowable land uses and zoning permit requirements). Permitted uses are shown as "P" uses in table 2-1.
B. Permit requirements for certain specific land uses. Where the last column in table 2-1 ("Specific Use Regulations") includes a section number, the referenced section determines
whether the use requires a conditional use permit. The referenced section may also refer to
other requirements and standards applicable to the use.
C. Additional uses. Additional specific uses which are, in the determination of the director, similar or accessory to those uses listed in table 2-1 shall be permitted only when a conditional use permit is granted therefore as provided in section 16-52.040 (conditional use
permit) and shown as "U" uses in table 2-1.
D. Improvement requirements.
1. R-2 zone. Conversion of existing two-family or multifamily dwellings in the R-2 zone into single-family dwellings or buildings containing fewer dwelling units shall be subject to approval of the review authority as provided in section 16-52.020 (site plan
and architectural review) except for projects which under State law qualify for
ministerial review.
2. R-3, R-3-10, R-4 zones. All improvements proposed for the R-3, R-3-10, and R-4 zone other than alterations, additions or other changes to existing structures are subject to approval of the review authority as provided in section 16-52.020 (site plan and
architectural review) except for projects which under State law qualify for ministerial
review.
3. RPD and RMP zones. Approval of a precise development plan in compliance with the provisions of section 16-52.060 (precise development plan) is required prior to subdivision, grading, or improvements of any kind in the RPD and RMP zones.
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 10 of 39
TABLE 2-1 Allowed Land Uses and Permit Requirements for Residential Zones
P Permitted Use U Conditional Use Permit MP Ministerial Permit — Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use Regulations LAND USE (1) R-1 R-1-B
RO R-2 R-3 and R-3-10
R-4 RPD RMP
AGRICULTURAL & OPEN SPACE USES
Agriculture, including aviaries (6) U U U U U U U U
Botanical conservatories, outdoor nature labs, and similar facilities — — — — — — U U
Open space use — — — — — — P P
Wildlife sanctuaries — — — — — — U U
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Equestrian facility (2) U U U — — — U U Title VI, 20-5.1
Golf course/country club U U U — — — U U
Library, museum U U U U U U — —
Parochial or other nonprofit school - elementary, secondary, or college U U U U U U U U
Philanthropic or charitable facility U U U U U U U U
Private residential recreation facilities U U U U U U U U
Public park P P P P P P P P
Playground U U U U U U U U
Publicly owned building or facility U U U U U U U U
Religious places of worship U U U U U U U U
RESIDENTIAL USES
Home occupation P P P P P P P P 16-52.110
Intermediate or community care facility (3) P P P P P P P P
Multifamily dwelling — — — — P P — P
Accessory dwelling unit /Junior accessory dwelling unit (5) MP MP MP MP MP MP MP MP 16-52.100/ 16-52.105
Single-family dwelling P P P P P — P P
Single-family dwelling providing room/board for 1 paying guest for a minimum of 31 consecutive days; vacation rentals are not permitted
P P P P — — P P
Two-family dwelling, attached — — — P — — — P
Two-family dwelling, detached — — — P(4) — — — — 16-40.020
Transitional, supportive housing P P P P P P P P
Key to Zoning District Symbols
R-1 Single-Family Residential R-3 Multifamily Residential
R-1-B Modified Single-Family Residential R-3-10 Multifamily Residential
RO Residential Open R-4 Multifamily Residential
R-2 Two-Family Residential RPD Residential Planned Development
RMP Residential Multiple Planned
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 11 of 39
Notes: (1) See article X (definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse
license ordinance. Use permits for keeping horses shall automatically terminate upon revocation of license issued under horse license ordinance. (3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject
to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in section 16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003, are deemed legal nonconforming structures subject to provisions of division 16-62.
(5) Also subject to the standards adopted by separate resolution of the town council.
(6) Except for chicken keeping and beekeeping as set forth in section 16-40.070.
TABLE 2-1 Allowed Land Uses and Permit Requirements for Residential Zones
P Permitted Use U Conditional Use Permit MP Ministerial Permit — Use not allowed
LAND USE (1) PERMIT REQUIRED BY DISTRICT Specific Use
Regulations R-1 R-1-B RO R-2 R-3 and R-3-
10
R-4 RPD RMP
SERVICES - GENERAL
Bed and breakfast facility (B&B) U U U — — — — —
Child day-care facilities, small family day-care homes - up to 8 children (5)
P P P P P P P P Health & Safety Code 1597.3 et
seq.
Child day-care facilities, large
family day-care homes - 9 to 14 children (5)
MP MP MP MP MP MP MP MP Health &
Safety Code 1597.46—1597.465
Child day-care center - 15 or
more children
U U U U U U U U
Medical services - Hospital U U U U U U U U
Real estate tract office U U U U U U U U
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Public utility and communication equipment building U U U U U U U U
Wireless communication facility, amateur or professional U/MP U/MP U/MP U/MP U/MP U/MP U/MP U/MP Government Code
65850.6
Key to Zoning District Symbols
R-1 Single-Family Residential R-3 Multifamily Residential
R-1-B Modified Single-Family Residential R-3-10 Multifamily Residential
RO Residential Open R-4 Multifamily Residential
R-2 Two-Family Residential RPD Residential Planned Development
RMP Residential Multiple Planned
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 12 of 39
Notes:
(1) See article X (definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse
license ordinance. Use permits for keeping horses shall automatically terminate upon revocation of license issued under horse license ordinance.
(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject
to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in section 16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003, are deemed legal nonconforming structures subject to provisions of division 16-62.
(5) When located in a single-family dwelling.
(6) See Section 16-42.040 for specifics. Certain modifications, replacements and removals are subject to ministerial review and approval under federal law or are eligible for streamlined discretionary review.
(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S. § 2(A), 8-15-2012; Ord. No. 542
N.S., §§ 2(C)(1), (2), 8-15-2012; Ord. No. 554 N.S. , § 2(A)(Exh. A), 2-18-2015; 555 N.S. , §
2(A)(Exh. A), 2-18-2015; Ord. No. 558 N.S. , § 2, 6-3-2015; Ord. No. 562 N.S ., § 2(A)(Exh. A), 11-18-2015; Ord. No. 568 N.S., § 2(A), 2-1-2017; Ord. No. 577 N.S. , § 2(A), 5-16-2018)
16-21.040 - Residential zones development standards.
A. Development standards. Each subdivision shall comply with the minimum lot size
requirements in table 2-2. Subdividers are advised that division 16.40 (standards for specific
land uses) may require a specific land use to be on a lot larger than required by this section. Larger lots may be required based on slope restriction, refer to table 14-7.3 in Municipal Code chapter 14 (subdivision of land) for calculations of minimum lot size based on slope. Construction in flood hazard zones shall conform to the requirements in chapter 13D (flood
damage prevention).
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 13 of 39
TABLE 2-2
RESIDENTIAL ZONES DEVELOPMENT STANDARDS
Zone Minimum Lot Area
Maximum Lot Coverage
Req- uired Lot Width
Minimum Setback Requirements (1) Height Limit Maximum FAR Maximum Density
Front Sides Rear Primary Accessory
R-1
10,000
square feet (s.f.)
1-story development:
same as max. FAR; 2-story or multi-story development: 30%
40 ft.
15 ft. 8 ft.
20% of lot depth or 25 ft. (whichever is less)
30 ft.
15 ft.
See Section 16-52.020.I
4.4 du/acre
R-1-B-A 20 ft. 6 ft. 4.4 du/acre
R-1-
B-2 25 ft. 10 ft. 4.4 du/acre
RO-1 40,000 s.f. 15% 70 ft. 30 ft. 20 ft. 1.1 du/acre
RO-2 20,000 s.f. 15% 50 ft. 30 ft. 15 ft. 3.0 du/acre
R-2 7,500 s.f. (2) 35% 40 ft. 15 ft. 8 ft. 11.6 du/acre 3,750 s.f. per dwelling (2)
R-3
10,000 s.f.
30% ―
15 ft.
generally (5,6), except 20
ft. to garage(s)
street side same as front;
interior side 20 ft.
generally (5,6).
20 ft. (5, 6)
35 ft. and
3 stories (6, 7)
.60
12.4 du/acre 3,500 s.f. per
dwelling
R-3 -10
10,000 s.f. 10.0 du/acre minimum; 12.4 du/acre maximum
3,500 s.f. per
dwelling
R-4
10,000 s.f.
50% ― 1.0
20 du/acre minimum;
25 du/acre maximum
1,750 s.f. per
dwelling
RPD Established by adopted master plan/precise plan or precise development plan for development 30 ft. (3) 15 ft. (3)
See section 16-52.020.I
See Table LU-3 of General
Plan
RMP Established by adopted master plan/precise plan or precise development plan for development .30 (4) 12.4 du/acre
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 14 of 39
Notes:
(1) Some older planned development approvals do not specify setback requirements, in which case appropriate setbacks are determined by site plan and architectural review.
(2) In the R-2 zone, where a lot is contiguous with a submerged or tide lot that lies entirely or
partially in the M zone, and all of such property is under the same ownership, the total area of such contiguous lots may be used in determining whether the minimum lot area requirements have been met. Notwithstanding any other provision of this Section to the contrary, no building or accessory building or part thereof shall extend seaward of the zone boundary line between the R-2 zone and the M zone other than as may be permitted in compliance with the regulations of the M zone (division
16-25).
(3) Unless otherwise specified in a precise development plan.
(4) Unless otherwise specified in a Precise Development Plan.
(5) Projections into setbacks shall be allowed consistent with subsection 16-21.040.D.1 (allowable projections).
(6) Minimum street side and interior side setbacks shall be 5 feet for detached garage(s) with a height not less than 1 story and 15 feet.
(7) Building stepback provisions apply, as described in subsection 16-21.040.D.4 (corner stepbacks).
B. Open space standards.
1. R-2 zone usable open space. Minimum required usable open space per dwelling unit in the R-2 zone is three hundred seventy-five square feet with a minimum dimension of
not less than twelve feet.
2. R-3, R-3-10, and R-4 zones amount of usable open space. Minimum required usable open space per dwelling unit in the R-3, R-3-10, and R-4 zones are as set forth below, consistent with subsection 16-21.040.B.3:
a. Per efficiency or studio apartment: one hundred fifty square feet;
b. Per one bedroom apartment: two hundred square feet;
c. Per two-bedroom apartment: two hundred fifty square feet;
d. Per three or more bedroom apartment: three hundred square feet.
The amount of usable open space required may be met using a combination of private open space or community open space. At least 50 square feet of private open space
shall be provided as defined in subsection 16-21.040.G.1 (private open space). The
required amount of usable open space may also be comprised of community open space as defined in subsection 16-21.040.G.2 (community open space).
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 15 of 39
C. Density standards.
1. Undeveloped land. Maximum residential densities for undeveloped land in the
RPD and RMP zones shall be as established on the land use diagram in the land use element of the general plan.
2. RPD zone developed land. Maximum residential densities for developed land in the RPD zone shall be as established by the adopted master/precise plan, precise
development plan, or equivalent zoning permit for the development, as finalized
by the recorded subdivision map(s) for the development. Planned developments with recorded subdivision maps are considered to be fully subdivided and are not subject to further subdivision and shall not exceed allowable general plan density limits.
3. RMP zone developed land. Maximum residential densities for developed land in
the RMP zone shall be as established by the adopted master and/or precise plans, precise development plans, or condominium plan for the development, as finalized by the recorded subdivision map, or condominium plan, for the development. Planned developments with recorded subdivision maps and/or
condominium plans are considered to be fully subdivided and are not subject to
further subdivision, and shall not exceed allowable general plan density limits.
D. Building massing and stepbacks in R-3, R-3-10, and R-4 Zones.
1. Allowable Projections. Specified building elements may project into required
setbacks and the required minimum width for paseos, in accordance with Table
2.2A Allowable Projections into Setbacks. These requirements shall supersede subsection 16-30.30.F (allowed projections into setbacks).
Table 2-2A Allowable Projections into Setbacks and Paseos
Allowable Projection Maximum Projection
Awnings and Rigid Canopies (1) 30 inches
Balconies and Bay Windows (1,2) 36 inches, may not exceed a width of 12 feet
Cornices and Eaves 12 inches
Porches and Stoops 7 feet, excluding stairs
Wall-Mounted Lighting and Planter Boxes 18 inches
(1) Not allowed more than 25 feet above finished grade.
(2) Balconies or bay windows shall be separated by at least 4 feet.
2. Building width and separations. A building shall not be more than 180 feet in
width or depth, as illustrated in Figure 1-1: Building Width and Massing Increment.
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3. Massing increment. Building massing shall not be more than 60 feet in width
where it is within 10 feet of minimum required property-line setback from a
property line, unless it is separated by a building recess into multiple massing increments, each with a massing increment of not more than 60 feet in width, as illustrated in Figure 1-1: Building Width and Massing Increment. A building recess that is used to separate adjacent massing increments shall have a depth of at
least 6 feet from the principal façade planes that it abuts, and a minimum width of
8 feet.
Figure 1-1: Building Width and Massing Increment
4. Corner stepbacks. Building mass at building corners shall be stepped back, where it is within 10 feet of a minimum property-line setback. Additionally, building mass at building corners shall be stepped back where a minimum
required property-line setback and minimum required paseo width as described in
subsection 16-21.040.G.2a (paseos) intersect. Where a building corner stepback is required, then the building area that is above the ground floor shall be stepped back not less than 6 feet beyond the minimum required property-line setback and/or minimum required paseo width, and for a width of not less than 10 feet in
either direction from where such setbacks intersect, as illustrated in Figure 1-2: Corner Stepbacks.
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 17 of 39
Figure 1-2: Corner Stepbacks
E. Residential Frontages in R-3, R-3-10, and R-4 Zones.
1. Residential street frontages. Not less than 75 percent of the available street frontage(s) adjacent to a public right-of-way shall be occupied by residential
frontage, paseo, or some combination of the two, as illustrated in Figure 1-3:
Street Frontage Continuity and described in subsection 16-21.040.E.3 (residential frontage design) and section 16-21.040.G (open space design), except that where project site has less than 100 linear feet of property line along a street, then the minimum residential street frontage can be reduced to allow vehicular access
consistent with subsection 16-21.040.I.1 (vehicular access).
2. Residential frontages along community open space. Where buildings abut a community open space, not less than 75 percent of the building edge shall be a residential frontage, as described in subsection 16-21.040.E.3 (residential frontage design).
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 18 of 39
Figure 1-3: Street Frontage Continuity
3. Residential frontage design. Residential street frontages and residential frontages shall conform to the following standards.
a. The residential ground floor shall not be more than 4 feet above finished grade,
except within 20 feet of a vehicle entrance to a below-grade garage used by multiple households.
b. Window and/or door openings shall comprise at least 25 percent of the surface area of the principal façade plane of each massing increment, as illustrated in Figure 1.4: Residential Window Area.
c. Principal building entrances shall be accompanied by a porch, stoop, or vestibule with forecourt, are illustrated in Figure 1-5: Residential Entrance Types.
Figure 1-4: Residential Window and Door Area
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 19 of 39
Figure 1-5: Residential Entrance Types
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 20 of 39
4. Building entry and pedestrian access. Sidewalks that lead to principal building
entrances shall connect directly to a public street as described in subsection 16-
21.040.G.3 (sidewalks and bicycle facilities along public streets), or connect indirectly to a public street along a paseo as described in subsection 16-21.040.G.2.a (paseos), a shared court as described in subsection 16-21.040.G.2.c (shared courts), or along a sidewalk along a private street as described in 16-21.040.I.2
(private streets).
5. Garage doors and openings. Garage doors and garage openings shall not comprise more than 50% of the width of each massing increment, as illustrated in Figure 1-6: Garage Doors & Openings. Garage openings that are used for up to 2 vehicles (or up to 4 vehicles if using tandem parking or mechanical lifts) shall be
accompanied by garage doors that are not more than 18 feet in width. Adjacent
garage doors shall be separated by a column or vertical panel not less than 12 inches in width.
Figure 1.6: Garage Doors & Openings
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 21 of 39
6. Service area location and screening. Service areas shall be located:
a. at least 30 feet from street rights-of-way;
b. enclosed within a building envelope; or
c. screened from view of public sidewalk(s) with a solid wall or fence at least 42 inches in height.
7. Ground-level utility boxes and equipment. Ground-level utility boxes and
equipment, including but not limited to back-flow preventers, air conditioner
units, transformer boxes, gas and electric meters, generators and other utilities, shall not be located within a front or street side setback. If this is determined to be technically infeasible by a licensed engineer, ground-level utility boxes and equipment may be located in the front setback but shall be screened from all direct
sight lines from public sidewalks by shrubs that can be expected to grow to the
same height as the box or equipment.
F. Building Design in R-3, R-3-10, and R-4 Zones.
1. Exterior materials.
a. Greyscale. Exterior finishes, garage doors, and roofs shall have a grey scale
(color value) that is at least 30 percent and not more than 70 percent. The color of front doors, window frames, and mullions are exempt from this requirement.
b. Prohibited finishes. Prohibited exterior finishes include: unfinished cinder
block; unfinished cement block; mirrored glass; and vinyl and aluminum
products, including those intended to simulate wood.
c. Extent of single finish. No single finish material shall comprise more than 40 percent of the surface area of each principal façade plane, inclusive of doors and windows, as illustrated in Figure 1-7: Extent of Single Material.
The exterior finish material must vary in two or more of the following ways:
- vary among wood, stucco, metal, and cementitious materials;
- vary among shingles, board-and-batten, shiplap, panels, and uninterrupted planes;
- vary the color hue of the exterior finishes by at least 30 degrees
within a 360-degree color wheel and/or vary the color grey value
by at least 20 percent.
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 22 of 39
Figure 1.7: Extent of Single Material
d. Wood. Exterior application of wood shall be comprised of one of the following: wood modules comprised of lap siding, vertical plank siding with or without batten, horizontal plank siding, or shingles, or exterior plywood with battens to cover joints and horizontally spaced not less than 2 feet on
center.
e. Stucco and concrete. For exterior application of stucco and concrete, a horizontal expansion joint or control joint shall be placed within one foot of each floor level, and a vertical expansion joint shall occur at least every fifteen feet. For stucco, expansion and control joints shall be reinforced with
metal.
f. Metal. Metal pieces, panels, fasteners, and detailing affixed to the exterior surface of a building or accessory structure shall be resistant to corrosion.
g. Brick and stone. If brick or stone are used adjacent to a building opening, a soldier course or solid lintel shall be incorporated, which is above the
opening and at least 8 inches in height.
2. Windows.
a. Window type. Operable windows shall be limited to double-hung, awning, or casement type windows. Horizontal sliding and hopper windows are prohibited.
b. Window materials. Solid wood or steel sash windows are required. Hollow
window sections are not allowed.
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 23 of 39
c. Mullions. Mullions may not be behind the surface of window glass, when
viewed from outside.
d. Clear glass. Except for bathroom windows, exterior glass shall be clear in appearance having at least 90 percent light transmission within the visible spectrum, and shall not be mirrored, frosted, or opaque.
e. Recessed glass. Window glass shall be recessed at least 2 inches from the
front face of adjacent trim or, if no trim is used, from the face of the adjacent
exterior building wall.
f. Privacy. Within the same development project, facing windows between buildings shall include at least one of the following:
- building faces separated horizontally by at least 15 feet,
- offset horizontally on the opposing building walls so facing
window areas do not overlap,
- having an interior sill height that is at least 48 inches above floor level; and/or
- use of obscured glass in one or more windows if used with a
bathroom or storage room.
3. Roofs.
a. Projections.
- Horizontal projections shall be limited consistent with Table 2-2A Allowable Projections into Setbacks and Paseos.
- Parapet walls shall not extend vertically more than three feet above
roof.
- Roof-mounted mechanical equipment shall be entirely recessed within a sloped roof, or surrounded on all sides by a parapet wall with a top edge as high as the topmost point of the equipment.
- The following are exempt from the limitations of this subsection:
solar panels, wireless communications equipment, window cleaning systems, equipment required by fire departments and other public agencies, and associated appurtenances.
b. Roofs on sloped sites. On sites with an average slope that is greater than 15
percent:
- roofs shall be either flat or sloped in the same direction as the finished slope below the building, within 30 degrees of a line parallel with the slope; and
- gabled roof ends shall not be oriented in the same direction as the
finished slope below the building, within 30 degrees of a line
parallel with the slope.
G. Open Space Design in R-3, R-3-10, and R-4 Zones.
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 24 of 39
1. Private open space. Required private open space shall be comprised of a
balcony, deck, covered porch, or yard dedicated to a specific dwelling unit, which
have a minimum depth and width of at least 6 feet inclusive of posts and railings.
2. Community open space. Community open spaces are for shared use by residents and may be used to provide pedestrian access to a public street as described in subsection 16-21.040.E.4 (building entry and pedestrian access). Community open
spaces consistent with the open space types described below can be used to meet
part of usable open space requirements in subsection 16-21.040.B.2 (open space standards), exclusive of areas comprised of sidewalks, building projections, and landscaped areas within 5 feet of a building.
a. Paseos. Paseos may be directly accessible by members of the public or may
be secured from direct public access behind a gate and fence/wall. Paseos
shall conform to all of the following design requirements:
- a paseo’s width shall be at least 25 feet between confronting façade planes, excluding allowable projections;
- within 40 feet of property lines, paseo width shall be at least 40
feet (not including allowable projections);
- along paseos, residential frontage shall conform to subsection 16-21.040.E.2 (residential frontages along community open space);
- at least one shared sidewalk not less than 6 feet in width shall run the length of the paseo; and
- not less than 1 square-foot of lawn, seating, and/or play area(s)
shall be provided for every 5 linear feet of paseo.
b. Outdoor Recreation Space. Outdoor recreation space includes play areas, pools, ball courts, lawns, and similar recreational amenities. Outdoor recreation space may or may not be directly accessible by members of the
public. Outdoor recreational space that conform to the following
requirements may be counted towards usable open space:
- a width and depth of not less than 40 feet;
- not less than 20 linear feet of fixed seating;
- landscaped areas between adjacent residential frontage and the
outdoor recreational space, with a depth of not less than 8 feet not
including allowable projections and shared seating; and
- not less than one tree planted for every 50 feet of adjacent residential frontage.
c. Shared Courts. A shared court is a community space shared by pedestrians,
bicyclists, and motor vehicles, and designed for very low vehicle speeds and
traffic volumes. Shared courts may or may not be directly accessible by members of the public. Shared courts that conform to the following requirements may be counted towards usable open space, up to a maximum of 50 square feet per dwelling unit:
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 25 of 39
- no through traffic, except to provide access to garage(s) for
eighteen (16) or fewer vehicles;
- speed attenuation across the vehicular entrance to the share courts, such as a speed hump and/or rumble strip;
- vehicle maneuvering dimensions consistent with subsection 16-21.040.I.3 (alleys) with a curb or fixed bollards at the edges of
areas that allow motor vehicles to protect the residential frontage
and associated landscape;
- landscaped areas between residential frontage and the shared court, with a depth of not less than 8 feet (not including allowable projections and shared seating), with not less than one tree planted
for every 50 feet of residential frontage and not less than 20 linear
feet of fixed seating; and
- surface material composed of permeable pavers made of brick, concrete, stone, and/or simulated stone, with a vertical depth of not less than 3 inches and horizontal diagonal dimension of not less
than 13 inches, except to allow a concrete band up to 12 inches in
width along the shared court’s perimeter.
d. Roof terraces. Roof terraces provide shared amenities for all residents on the top of roofs accessible by all project residents but not directly accessible by members of the public. A roof terrace can be used to meet usable open
space requirements if it conforms to the following:
- a width and depth of not less than 25 feet;
- universal access by all residents, including elevator access for persons with limited mobility;
- not less than 25 percent of a roof terrace shall be comprised of
lawn, seating, food preparation, and/or barbeque area(s);
- not less than 10 percent of a roof terrace shall be landscaped; and
- at least one ADA-accessible unisex toilet provided.
e. Community rooms. Community rooms include classrooms, day care centers, recreation centers, and reading rooms. A community room may be
used to meet usable open space requirements if it contains uses that serve
residents or is available for use by residents, and if it conforms to all of the following requirements:
- a width and depth of not less than 25 feet;
- a ground-floor location providing universal access by all residents;
- a direct access from a public street or community open space;
- windows comprising not less than 50 percent of a community room’s exterior wall(s) where the wall(s) face(s) a public street or community open space; and
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 26 of 39
- at least one ADA-accessible unisex toilet and at least one ADA-
accessible kitchen that is not less than 50 square feet..
f. Community gardens. A community garden may be counted towards usable open space, up to a maximum of 50 square feet per unit, if it conforms to the following:
- direct pedestrian access via sidewalk(s) connected to a public street
or network of on-site sidewalks;
- slopes of less than 15 percent;
- planter boxes that comprise not less than 50 percent of the community garden area and have a minimum depth and width of not less than 3 feet and a soil depth above finished grade of not less
than 10 inches;
- horizontal separation of at least 3 feet between planter boxes for pedestrian circulation; and
- at least two ADA accessible planter boxes.
3. Sidewalks and bicycle facilities along public streets.
a. Public Sidewalks. Where no sidewalk pre-exists along public street(s)
adjacent to the project site, a new publicly-accessible sidewalk shall be provided. Where there is no existing public sidewalk in both directions within 200 feet from the project site boundaries, no new sidewalk is required. New sidewalks shall be located outside of vehicular travel lanes and required
bikeway improvements, as described below:
- new sidewalks along public streets shall be not less than 6 feet in width;
- new sidewalks may be located within a street right-of-way, if an encroachment permit is obtained and there is 6 feet or more of
unobstructed space between the street’s existing curb and the
project site’s property line. Sidewalks of required width shall otherwise be located partly or entirely on the project site within newly dedicated public right-of-way; and
-. where the distance between the street’s existing curb and edge of
right-of-way exceeds 12 feet, then a landscape strip shall be
provided between the new sidewalk and curb. The landscape strip shall not be less than 6 feet in width and include street trees planted not less than 35 feet on-center as measured parallel to the curb, not less than 24 inches from face of curb, and consistent with a street
tree list and specifications provided by the Town.
b. Bikeways. Where the project is adjacent to a roadway with bikeway facility locations designated in Tiburon General Plan Figure M-4 “Bikeway Network,” bikeway improvements shall be made according to each bikeway classification and as further defined below:
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 27 of 39
- Class I Multi-Use Path – a bikeway not less than 10 feet, which is
separated from vehicle travel lane of not less than 11 feet wide by a
landscape strip not less than 6 feet wide;
- Class II Bike Lanes – not less than 11 feet for vehicle travel lane and 5 feet for adjacent bicycle lane, for a combined width of 16 feet; and
- Class III Bike Route – not less than 13 feet for one lane shared by
bicyclists and motorists;
- Class IV Separated Bikeway – according to design specifications provided by the Town; and
- for all classifications, pre-existing parallel parking lanes shall be
maintained and have a minimum width of 8 feet.
c. Dedication of Land. The developer shall be responsible for making sidewalk, bikeway, and associated landscape strip improvements, and shall dedicate land with these improvements to the public right-of-way.
d. Conformance with Standards. Street improvements shall conform to and
in no event conflict with the Federal Highway Administration Manual on
Uniform Traffic Control Devices or Caltrans design manuals, whichever is more restrictive at the time of project application, or Marin County standards if FHA or Caltrans standards are not in effect.
H. Landscape Design in R-3, R-3-10, and R-4 Zones.
1. Landscaped setbacks. Not less than 90 percent of setback areas shall be landscaped, except for areas occupied by building projections, pedestrian access, vehicular access, utilities, retaining walls, and community open space areas. Landscape materials shall be comprised of trees, shrubs, and groundcover
consistent with .
2. Trees and Plant Materials. Required landscaped areas shall be composed of trees, shrubs, and groundcover in compliance with the following:
- trees shall be planted at 15-gallon size or larger;
- shrubs shall be planted at one-gallon size or larger;
- ground cover shall be planted at spacing not more than 12 inches on center;
and
- up to 10 percent of required landscape areas may be comprised of inorganic materials including, but not limited to, sand, stone, decomposed granite, or gravel.
3. Vegetation Management Plan. A vegetation management plan shall be prepared
in compliance with fire district regulations.
4. Fences and walls. Fences and walls shall conform to the following standards, except for retaining walls which shall meet requirements in section 16-21.040.J (site preparation and engineering):
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 28 of 39
a. within front and street side setback areas, no fence or wall shall exceed a
height of forty-two (42) inches above finished grade;
b. in all other locations, no fence or wall shall exceed a height of seventy-two (72) inches above finished grade; and
c. fence and wall materials. The following fence materials are allowed in combination with posts:
- wood board or picket;
- wood or metal frame with metal wire;
- metal bar;
- stone or brick;
- cast in place concrete; or
- concrete block or cinder block where faced with stucco, tile, or
cementitious panels.
Fence materials that are not allowed include:
- barb wire;
- razor wire;
- chain link;
- corrugated metal;
- plastic and other synthetic materials; and
- unfaced concrete block or cinder block.
5. Site lighting. Lighting for parking and open space areas shall conform with the
following standards:
a. pole-mounted lighting fixtures shall not exceed a height of 12 feet from finished grade;
b. within two feet of a building entryway at least one wall-mounted exterior light fixture shall be provided; and
c. all proposed exterior lighting shall include shielded downlighting and shall not
cast direct light beyond interior side and rear property lines, based on fixture specifications, location, and height.
I. Vehicular Access and Parking in R-3, R-3-10, and R-4 Zones.
1. Vehicular access.
a. Regulatory Consistency. Street improvements shall conform to and in no event conflict with the Federal Highway Administration Manual on Uniform Traffic Control Devices or Caltrans design manuals, whichever is more restrictive at the time of project application, or Marin County standards if
FHA or Caltrans standards are not in effect.
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 29 of 39
b. Width of travel lanes. On-site vehicle travel lanes along private streets,
shared driveways, and/or alleys shall have a paved width of 20 to 24 feet,
exclusive of parking lanes, breakdown lanes (shoulders), or other obstructions.
c. Slope of travel lanes. On-site vehicle travel lanes along private streets, shared driveways, and/or alleys shall comply with the standards of the
applicable fire protection district.
d. Vehicle egress. An uninterrupted line of sight shall be provided to the street and sidewalk from a driver’s vantage point located not less than 5 feet from the street right-of-way, and within a cone of vision not less than 45-degrees angle in both directions from the direction of travel. A stop sign shall be
located not more than 2 feet to the right of the uninterrupted line of sight.
Driveways that cross public sidewalks shall be at the same level as the sidewalk.
e. Fire access. Fire apparatus access to sides of structures and vehicular access routes shall comply with the standards of the applicable fire protection
district.
2. Private Streets. Private streets that provide access to both vehicles and pedestrians within a project site, in addition to consistency with section 16-21.040.I (vehicular access and parking), shall meet all of the following design requirements:
a. vehicle and pedestrian routes shall connect to a public street;
b. vehicle travel lanes may be flanked by parallel parking on one or both sides;
c. diagonal and perpendicular parking shall be limited to one side of travel lanes;
d. where parking abuts travel lane(s), parking and aisle dimensions shall
conform to section 16-32.080 (parking design and development standards),
except that aisle dimensions shall be interpreted to allow the front or rear of a vehicle to overhang a curb and/or landscaped area up to 2 feet from edge of pavement;
e. planting strips shall include street trees planted not less than 35 feet on-
center as measured parallel to the curb, not less than 24 inches from face of
curb, and consistent with subsection 16-21.040.H.2 (trees and plant materials).
3. Alleys. Alleys may be used to provide vehicular access on-site without pedestrian circulation. Alleys shall meet all of the following design requirements:
a. travel lanes shall conform to subsection 16-21.040.I.1.b (width of travel
lanes);
b. subsection where garage doors and/or surface parking are present along an alley, parking and aisle dimensions shall conform to section 16-32.080 (parking design and development standards), except that vehicle
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 30 of 39
maneuvering shall assume aisle dimensions shall assume that vehicles can
overhang the edge of alleys by 2 feet; and
c. alley pavement shall be comprised of asphalt, concrete, and/or permeable pavers.
4. Parking.
a. Parking ratios. On-site motor vehicle parking for vehicles shall conform
with section 16-32.040 (number of parking spaces required). On-site bicycle
parking shall be provided as follows:
- secure covered bicycle room(s), lockers, or enclosed shed(s) accommodating one bike space per studio or one-bedroom unit and two bike spaces for larger units; and
- bike racks accommodating one bike space per 10 units, but not less
than 2 racks.
b. Parking design. On-site parking for vehicles shall conform with section 16-32.080 (parking design and development standards), except that:
- parking garages shall be located in conformance with section 16-
21.040.E.2 (street and community open space frontages);
- a wall or fence having a height of between 36 and 42 inches above finished grade shall screen surface parking lots where they would otherwise be in direct view of a public sidewalk;
- within surface parking lots, at least 1 tree for every 6 parking stalls
shall be planted in a tree well with a width that is not less than 4
feet in all directions, and consistent with subsection 16-21.040.H.2 (trees and plant materials);
- parking lots shall be separated from property lines by a landscape strip that is not less than 6 feet wide;
- mechanical parking lifts shall be allowed within an enclosed
garage when designated for use by residents, except for parking designated for use by persons with disabilities;
- mechanical lifts shall be accompanied by an on-site battery or electrical generator to provide sufficient power to clear the lift of
all vehicles, or shall be capable of manually clearing the lift
without power; and
- a pair of tandem parking spaces shall be allowed when designated for use by members of the same household/dwelling unit.
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 31 of 39
J. Site Preparation and Engineering in R-3, R-3-10, and R-4 Zones.
1. Grading. Projects shall conform to the following.
a. Development shall not occur on slopes that exceed 30% using a map with contour intervals of not more (not less detailed) than 2-feet, except to:
- allow grading, site improvements including retaining walls, and buildings, to occur within 25 feet of the perimeter of slopes that are
less than 30% and have a contiguous area at least 5,000 square feet,
and/or
- allow roadways, driveways, sidewalks, and/or trails across such slopes.
b. Free-standing retaining walls shall not exceed 3.5 feet in height within
setback areas, and not more than 6 feet in height in other areas.
c. Retaining walls that are below buildings or part of structured parking garages shall not exceed 18 feet in height. Parts of parking garages that are below buildings shall be designed such that the residential ground floor that is above conforms with subsection 16-21.040.E.3 (residential frontage design).
d. The top and the toe of each engineered slope shall transition to adjacent
slopes so that there is not more than a 2% change in slope within one horizontal foot.
e. Residential structures shall not be placed on areas with slopes over 10 percent that are within:
- an Earthquake Fault Zone as defined by the California Geologic Survey,
- an area mapped as landslide susceptibility class VIII, IX, or X by the California Department of Conservation, or
- a landslide, slump, or natural spring area as determined and mapped by a qualified civic or geotechnical engineer.
f. Projects that are located on or within 500 feet of any area identified in
subsection (e) above shall submit a geotechnical report prepared by the licensed geotechnical engineer of record that conforms to the California Building Standards Code requirements, notwithstanding any exclusions in the California Building Standards Code for building size or type of
construction. The report shall address site preparation, foundation, grading
and drainage recommendations, and proposed modification to the existing lagoon bulkhead if applicable, and expected ground water elevation at this site in relation to the proposed drainage improvements (including proposed subsurface drainage). The project shall incorporate all recommended
measures identified by the geotechnical report into the project plans.
Measures to be implemented during construction and operation of the project shall be listed on the improvement plans. The project applicant shall certify compliance with the measures.
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 32 of 39
g. Slopes that have been graded, but that are free from buildings and other site
improvements, shall be planted with trees, shrubs, and groundcover
consistent with subsection 16-21.040.H.2 (trees and plant materials).
2. Protected Trees. Protected trees shall be subject to permitting and other provisions described in chapter 15A (trees), except for housing development projects which qualify for streamlined ministerial review as required under
California law for which the following shall apply:
- the project shall preserve and protect all heritage trees as defined in section 15A-2, and
- for any tree as defined in section 15A-2 which is removed, two replacement trees at least 15-gallon in size shall be planted within the project site.
3. Biological Resources. Projects shall avoid construction or grading on portions of
a site providing habitat for special-status species, wetlands, riparian areas, oak woodlands and habitats of significant value. Projects which qualify for streamlined ministerial review as provided under California law and containing area identified as a land use type other than urban in Figure C-1 of the Tiburon
General Plan shall conform with the following:
a. Projects shall submit a biological resources assessment prepared by a qualified professional that identifies special-status species, including endangered, threatened, sensitive, rare, and protected species, and their critical habitats, wildlife migration corridors, riparian habitat, and other
sensitive natural communities (collectively "biological resources"). The
biological resources assessment shall identify measures to protect biological resources based on local or regional plans, policies, regulations by the California Department of Fish and Game, US Fish and Wildlife Service, Bay Conservation and Development Commission, National Marine Fisheries
Service, US Army Corps of Engineers, or other state or federal agency with
jurisdiction over the biological resource, or best practices for resources conservation as established by resource protection or conservation plans.
b. The project shall incorporate all biological resource measures identified by the biological resources report into the project plans. Measures to be
implemented during construction and operation of the project shall be listed
on the improvement plans. The project applicant shall certify compliance with the measures.
c. The project shall provide a minimum of a 100-foot buffer from habitat for special-status species, wetlands, oak woodlands, and habitat of significant
value as identified in the biological resources assessment which are present
on the project site, unless a reduced buffer that is not less than 25 feet is determined to be adequate to protect such resources by the qualified biologist. No ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space.
d. If special-habitat species occur on the site or have the potential to occur on
the site, as determined by the biological resources assessment, the qualified biologist shall identify adequate measures consistent with mitigation
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 33 of 39
recommended by resource agencies (i.e., U.S. Fish and Wildlife Service,
California Department of Fish and Wildlife) to avoid impacts to special-
status species during any ground-disturbing and construction activities and the project shall implement such measures and include documentation demonstrating adherence to all measures. Certificates of occupancy shall not be approved without demonstration of adherence to all measures.
4. Cultural Resources. Projects shall avoid construction or grading on portions of a
site containing significant cultural resources. Projects which qualify for streamlined ministerial review as provided under California law and containing area identified as a land use type other than urban in Figure C-1 of the Tiburon General Plan shall conform with the following:
a. A cultural resources assessment, including site survey, shall be conducted by
a qualified archaeologist and shall identify the potential for cultural resources on the project site.
b. If significant cultural resources, or the potential for significant cultural resources, are identified by the cultural resources assessment, the project
shall avoid such cultural resources and shall provide a minimum of a 100-
foot buffer from significant cultural resources, unless a reduced buffer that is not less than 25 feet is determined to be adequate to protect such resources by the qualified archaeologist or measures, such as capping the resource or relocation of the resources to permanent open space, are identified as
adequate to preserve the significance of significant cultural resources. No
ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space. The project shall implement all recommended measures and include documentation demonstrating adherence to all measures. Certificates of occupancy shall not be approved without
demonstration of adherence to all measures.
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 34 of 39
SECTION 3. AMENDMENTS TO CHAPTER 16, DIVISION 100.
The following are added in alphabetical order to Tiburon Municipal Code Title IV, Section 16-
100.020 (Definitions of Specialized Terms and Phrases):
“Appurtenance”. Structural and utility apparatus(es) associated with a principal feature or function.
“Building entrance, principal”. See “Entrance, principal building”.
“Building footprint”. See “Footprint, building”.
“Canopy, Rigid”. A rigid projection used to protect a window or other opening from rain and/or sun.
“Cinder block”. A type of concrete block made with cinder aggregate.
“Grayscale”. Grayscale is the collection or the range of monochromic (gray) shades, ranging
from pure white (100%) on the lightest end to pure black (0%) on the opposite end. Grayscale
only contains luminance (brightness) information and no hue (color spectrum) information.
“Eave”. The lower edge of a roof that overhangs beyond the wall and building below.
“Footprint, building”. The dimensions of a building at grade level.
“Frontage, available street”. The length of a street-adjacent property line that is available for
development, and therefore exclusive of required property line setbacks, stream setbacks, and
natural areas, like woodlands and rock outcroppings, where they are retained. In the calculation of available street frontage, intersecting street-adjacent property line segments that intersect at an obtuse shall constitute a single frontage, whereas property line segments that intersect at less than 45 degrees from perpendicular shall be considered as separate.
“Garage door”. A movable door, gate, or system of panels, which cover a garage opening when
closed.
“Garage opening”. An exterior building opening without walls that provides access to motorized vehicles.
“Grade, natural”. The elevation of improved or unimproved surface of the ground that exists on
date of project application and as is determined by a reliable site survey showing not less than 2-
foot contour intervals.
“Streets, private”. Private streets serve both vehicle traffic, pedestrian, and bicycle circulation on site. Private streets feature sidewalks for pedestrians, whereas alleys do not.
“Lanes, travel”. Traffic lanes for the uninterrupted movement of motor vehicles, including
through lanes, turn lanes, acceleration lanes, and deceleration lanes, but not parking lanes,
bicycle lanes, sidewalks, or planted areas.
“Property-Line Setback, Minimum”. A line that describes nearest that a building may be setback from a property line, excluding allowable projections.
“Shared Court”. A shared open space designed for pedestrian use and for relatively few
motorists accessing parking, and where pedestrian safety is addressed by slowing vehicles and
communicating its shared character through use of signage, decorative pavers, speed attenuation
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 35 of 39
devices, rumble strips, decorative pavers, and signage. Shared courts are known as “woonerfs”
among design professionals, which means “residential yard” in Dutch.
“Street frontage”. See “Frontage, street”.
“Street frontage, available”. See “Frontage, available street”.
SECTION 4. AMENDMENTS TO CHAPTER 16, DIVISION 100.
The following definitions of the Tiburon Municipal Code Title IV, Section 16-100.020
(Definitions of Specialized Terms and Phrases) are hereby amended to read as follows with additions underlined and deletions struck through:
"Building". Any structure used or intended for supporting or sheltering any use or occupancy. When any portion thereof is completely separated from every other portion thereof by an
approved fire wall assembly or separation as defined by the California Building Code, without
any window, door, or other opening therein, which fire wall extends from the ground to the upper surfaces of the roof at every point, then such portion shall be deemed to be a separate building. In consideration of Block Width and Massing Increment standards, however, a building’s width shall consider the massing of multiple adjacent buildings to be integrated and
buildings divided by a fire wall assembly or separation shall not be considered as separate.
“Façade plane”. Within the limits of a horizontal Façade Increment, the Façade Plane is the largest wall surface within the same contiguous two-dimensional surface without projections or recesses from that surface. Facade Planes face public streets and common open space with pedestrian activity, rather than parking lots or rear yards.
"Frontage, street". A street frontage describes development characteristics with ten (10) feet of a
street-facing required minimum setback and at ground-floor level, including a building's ground-floor facade, landscape and built features within setbacks and projections, and associated sidewalk improvements. Pedestrian's experience along street sidewalks are determined in part by street frontage characteristics.
"Floor area, gross". "Gross floor area" means the sum of all enclosed or covered areas of each
floor of the building, measured to the exterior faces of the enclosing walls, columns, or posts.
NOTE: The term "capable of being used or finished for habitable space" is used below. A space shall be considered "capable of being used or finished for habitable space" if it meets California Building Code occupiable ceiling height requirements and is all of the following:
1.Covered by a solid, weatherproof roof or floor; and
2.At least fifty percent of the vertical area around the space is closed.
Gross floor area shall not include the following six areas:
1.For single-family and two-family residential uses, the first four hundred fifty square feet of garage or carport space on properties less than seven thousand five hundred square
feet in area; or the first six hundred square feet of garage or carport space on properties
equal to and between seven thousand five hundred square feet to sixty thousand square feet in area; or the first seven hundred fifty square feet of garage or carport space on properties greater than sixty thousand square feet in area; or the first two hundred fifty
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 36 of 39
square feet of garage or carport space for each parking space required in compliance with
parking requirements from section 16-32.040 (number of parking spaces required);
2.Areas permanently open to the sky;
3.Exterior areas under roof eaves or other cantilevered overhangs;
4.Attic spaces and underfloor spaces that are not capable of being used or finished for habitable space;
5.Basements, as defined in this zoning ordinance; and
6.Floor areas of roofed or covered open spaces (such as breezeways, balconies, porches and similar spaces), which are not capable of being used or finished for habitable space, if at least fifty percent of the vertical area around the space is fully open.
7.For multi-family uses, commercial uses, or mixed use development, gross floor area
shall not include the entire floor area of garages and carports accommodating required
parking.
Gross floor area shall include the following:
1.Unfinished loft spaces and other areas capable of being used or finished for habitable space;
2.Other roofed or covered spaces (such as breezeways, balconies, porches, or similar
spaces) that are capable of being used or finished for habitable space, if less than fifty percent of the vertical area around the space is fully open;
3.Roof penthouses; mezzanine floor areas; and accessory buildings;
4.All crawl space area with a minimum height of seven feet when measured from
finished or natural grade (whichever is lower) to the bottom of the floor above. This
definition shall only apply to crawl space created after March 31, 2006; and
5.All space with a minimum height of seven feet beneath a cantilevered portion of other floor area of a dwelling unit. This definition shall only apply to such space created after March 31, 2006.
Unless otherwise stipulated, the term “floor area” shall mean gross floor area.
“Frontage, street”. A street frontage describes development characteristics with within ten (10) feet of a street-facing required minimum setback and at ground-floor level, including a building’s ground-floor façade, landscape and built features within setbacks and projections, and associated sidewalk improvements. Pedestrian’s experience along street sidewalks are determined in part by
street frontage characteristics.
“Frontage type”. Characteristically different frontage types, such as commercial versus residential, but also inclusive of service areas and community open space.
"Grade". The natural surface of the ground, or the finished ground surface, whichever is lower, but in no case lower than the minimum flood grade elevations adopted by the town (See
"Height"), except that for projects on slopes that average greater than 10 percent, building height
shall be measured from natural grade alone. The director or board may determine the grade in the case of unusual project conditions.
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 37 of 39
“Ground floor”. The floor of a building located nearest to the finished grade around the building,
exclusive of parking garages.
“Massing increment”. The horizontal module comprised of a contiguous building volume that has a Facade Plane as its front face and is located within 10 feet of a minimum property line setback.
“Paseo”. A pedestrian passage flanked by landscaping that provides an internal walking
connection to building entrances, adjacent parcels or sidewalks or other paseos. Paseos include
amenities, such as seating and play areas. Paseos are not accompanied by space for motor vehicles.
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 38 of 39
SECTION 5. AMENDMENTS TO TOWN OF TIBURON ZONING MAP.
The Town of Tiburon Zoning Map shall be amended to modify the zoning of the property at
4576 Paradise Drive (APN # 038-142-02) from RPD (Residential Planned Development) to R-3-10 (Multifamily Residential) as depicted in Exhibit A.
SECTION 6. 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 this Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937.
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 in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on November 15, 2023, and was adopted at a regular meeting of the Town Council of the Town
of Tiburon on December 6, 2023 by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________________
JACK RYAN, MAYOR
TOWN OF TIBURON
ATTEST:
______________________________
LEA DILENA, TOWN CLERK
Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 39 of 39
EXHIBIT A
EXHIBIT 2
EXHIBIT 2 De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
DE NOVO PLANNING GROUP
1020 Suncast Lane, Suite 106 | El Dorado Hills, CA 95762 Page | 1
October 23, 2023
Dina Tasini, Director of Community Development
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
SUBJECT: Environmental Analysis Concerning the Proposed Objective Design and Development
Standards (ODDS), Zoning Code Amendments, and Zoning Map Revisions Project
Dear Dina,
This letter is intended to provide an analysis of the proposed Objective Design and Development
Standards (ODDS), Zoning Code Amendments, and Zoning Map Revisions project (hereafter Proposed
Project) and its consistency and compliance with the Town of Tiburon 2040 General Plan Environmental
Impact Report (EIR) in order to establish whether supplemental or subsequent CEQA review is required.
This letter concludes that none of the triggering events for further CEQA review are met and that the
General Plan EIR as certified fully applies to the Proposed Project.
1.0 INTRODUCTION
The Town of Tiburon adopted its General Plan 2040 and certified the EIR on May 22, 2023, and its revised
Housing Element on September 20, 2023. The Housing Element provides clear guidance through goals,
policies, and programs directing the Town how to implement the Town’s General Plan 2040. In response
to State legislation, the Town’s Housing Element highlights the need to construct more housing,
particularly more multifamily housing. As a result, the Town identified Housing Opportunity Sites that
could be suitable for multifamily housing.
The Town of Tiburon initiated a comprehensive development of objective design and development
standards for the primary purpose of complying with SB 330 and SB 35, while also ensuring consistency
with the General Plan 2040 and to implement Housing Element programs H-ff, H-ii and H-ll. The Proposed
Project includes adoption of ODDS for the R-3, R-3-10, and R-4 zones; text amendments to Title 16, Zoning
Ordinance; and updating the Zoning District Map to reflect a zoning change from R-3 to R-3-10 for the
property at 4576 Paradise Drive. The Proposed Project is intended to implement the goals, policies, and
programs identified in the General Plan.
2.0 PROPOSED PROJECT
The Proposed Project would implement the General Plan 2040 by establishing objective design standards
for mixed-use and multi-family residential projects. An objective design standard is one that involves no
personal or subjective judgment by a public official and is uniformly verifiable by reference to an external
and uniform benchmark or criterion available and knowable by both the development applicant and the
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
Page | 2
public official prior to submittal. The establishment of objective design standards directly implements
General Plan 2040 Program H-ff, which requires the Town to conduct design review to assure excellence
of design in new multifamily housing development and utilize objective design and development
standards for applicable projects. The Town’s Housing Element Program H-ii also directs the Town to
establish new Mixed Use, Main Street, and R-4 zoning districts and objective design and development
standards for those districts that facilitate development at the realistic unit capacities and densities
established in Housing Element Table 11 for each Housing Opportunity Site.
The rezoning of 4576 Paradise Drive to R-3-10 responds directly to General Plan 2040 Program H-ll, which
requires the Town to rezone the site to R-3-10 and require a minimum density of 10 units per acre. The
program further requires that the Town develop and adopt objective development and design standards
that will permit development of projects on hillside sites including Site H at the capacities assumed in the
Housing Sites Inventory (shown as Table 11 in the General Plan 2040 Housing Element).
The Proposed Project is intended to establish objective planning standards as called for in SB 330 and SB
35, and implement Housing Element Program H-ff which requires the Town to conduct design review to
assure excellence of design in new multifamily housing development and utilize objective design and
development standards for applicable projects. Establishment of ODDS would ensure that residential
development in areas zoned as R-3, R-3-10, and R-4 are consistent with the vision of the General Plan
2040 by identifying consistent design standards, setbacks, building heights, street orientation,
architectural materials, and other design elements to reflect a consistent approach to streamlining
multifamily housing development in the town. This subsequent Proposed Project updates Municipal Code
Chapter 16, Zoning Ordinance, to be consistent with the General Plan, remove outdated information, and
clarify and streamline zoning and design standard provisions. The Proposed Projectwas anticipated as a
subsequent project to implement the General Plan 2040. Chapter 2 of the General Plan 2040 Draft EIR
indicated that projects or activities successive to the EIR may include corresponding changes in the zoning
ordinance to ensure consistency between the General Plan 2040 and the permitted uses or development
standards of the Tiburon Zoning Ordinance.
ZONING ORDINANCE
The Proposed Project would implement the General Plan goals, policies, and programs, including those
described above. In addition to modifications to ensure consistency between the General Plan and Zoning
Ordinance, the Proposed Project also refines uses, development standards, and other requirements to
better reflect current conditions, desired trends, and best planning practices as well as clarify and
streamline the Zoning Ordinance, where appropriate.
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
Page | 3
The primary components of the Proposed Project are summarized by Zoning Ordinance chapter below:
Chapter 16, Division 14
Section 16-14.020 Zoning map and zones.
•Revise Table 1-1 to identify a new zone, R-3-10 Multifamily residential zone, and identifying Very
High Density (VH) as the corresponding General Plan land use designation conforming with the
zone.
Chapter 16, Division 21
Section 16-21.020 Purposes of the residential zones.
•Add language to the section that defines the new R-3-10 multifamily residential zone. The R-3-10
zone is intended to promote and encourage the establishment and maintenance of a suitable
environment for more affordable residences in designated areas. The R-3-10 zone conforms with
the general plan land use designation very high density (VH) and requires a minimum residential
density of 10 dwelling units per acre.
Section 16-21.030 Residential zones allowable land uses and permit requirements.
•Add information to Table 2-1 to identify what permits are needed for development in the R-3-10
district.
Section16-21.040 Residential zones development standards.
•Revise Table 2-2, Residential Zones Development Standards, to identify development standards
for the R-3-10 zone including minimum lot area, maximum lot coverage, minimum setback
requirements, building height limits, and maximum density.
•Identify open space standards for the R-3-10 zone including clarifying that the amount of usable
open space required may be met using a combination of private open space or community open
space. At least 50 square feet of private open space shall be provided as defined in subsection 16-
21.040.G.1 (private open space). The required amount of usable open space may also be
comprised of community open space as defined in subsection 16-21.040.G.2 (community open
space).
•Define building massing and stepback requirements in the R-3, R-3-10, and R-4 zones. Building
projection maximums are also defined as to not infringe upon setbacks. Table 2-2A, Allowable
Projections into Setbacks and Paseos, is added.
Building widths and/or depths are restricted to a maximum of 180 feet. Building massing shall not
be more than 60 feet in width where it is within 10 feet of minimum required property-line
setback from a property line, unless it is separated by a building recess into multiple massing
increments, each with a massing increment of not more than 60 feet in width.
Building mass at building corners shall be stepped back, where it is within 10 feet of a minimum
property-line setback. Additionally, building mass at building corners shall be stepped back where
a minimum required property-line setback and minimum required paseo width as described in
subsection 16-21.040.G.2a (paseos) intersect.
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
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•Residential frontage requirements for the R-3, R-3-10, and R-4 zones are identified, and address
street frontages, open space design, and the relationship of buildings to the public right-of-way
and community open space.
Residential frontage design requirements are identified including specifying minimum
requirements for window and door surface area; porch, stoop, or vestibule design standards;
building entry and pedestrian access; garage doors and openings; service area locations and
screening requirements; and placement of ground-level utility boxes and equipment.
•Building design in R-3, R-3-10, and R-4 zones are defined and address allowable and prohibited
external building materials, window types, and roof projections.
•Open space design in R-3, R-3-10, and R-4 zones address the design of private open space,
community open space (including paseos, outdoor recreation space, shared courts, roof terraces,
community rooms, and community gardens), and sidewalks and bicycle facilities along public
streets.
•Landscape design in R-3, R-3-10, and R-4 zones identifies requirements for landscaping including
setbacks, tree and plant materials, preparation of a vegetation management plan, design of
fences and walls, and site lighting.
•Vehicular access and parking in R-3, R-3-10, and R-4 zones is addressed to provide guidance on
vehicular access, including street improvements on public and private roadways, safe vehicle
egress design standards, and fire access. Standards specific to private streets and alleys are also
identified. Vehicle parking and bicycle parking ratios are defined. The design of on-site parking is
specified including details for parking garages, fencing, tree planting in surface parking lots,
mechanical car lifts, and tandem parking.
•Site preparation and engineering in R-3, R-3-10, and R-4 zones is defined to address site
improvement requirements. Specifically, development shall not occur on slopes that exceed 30%
with some exceptions including to allow grading, site improvements including retaining walls, and
buildings, to occur within 25 feet of the perimeter of slopes that exceed 30%, and/or allow
roadways, driveways, sidewalks, and/or trails across such slopes. Engineering and design
standards are also identified to address retaining walls and slopes.
Projects that are located on or within 500 feet of an Earthquake Fault Zone as defined by the
California Geologic Survey, an area mapped as landslide susceptibility class VIII, IX, or X by the
California Department of Conservation, or a landslide, slump, or natural spring area as determined
and mapped by a qualified civic or geotechnical engineer shall submit a geotechnical report
prepared by the licensed geotechnical engineer of record that conforms to the California Building
Standards Code requirements, notwithstanding any exclusions in the California Building Standards
Code for building size or type of construction. The report shall address site preparation,
foundation, grading and drainage recommendations, and proposed modification to the existing
lagoon bulkhead if applicable, and expected ground water elevation at this site in relation to the
proposed drainage improvements (including proposed subsurface drainage). The project shall
incorporate all recommended measures identified by the geotechnical report into the project
plans. Measures to be implemented during construction and operation of the project shall be
De Novo Planning Group A Land Use Planning, Design, and Environmental Firm
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listed on the improvement plans. The project applicant shall certify compliance with the
measures.
Slopes that have been graded, but are free from buildings or other site improvements, shall be
planted with trees, shrubs, or groundcover. Projects shall preserve heritage trees and replace
removed trees in accordance with the Zoning Code.
Projects shall avoid construction or grading on portions of a site providing habitat for special-
status species, wetlands, riparian areas, oak woodlands and habitats of significant value. Projects
which qualify for streamlined ministerial review as provided under California law and containing
area identified as a land use type other than urban in Figure C-1 of the Tiburon General Plan shall
conform with the following:
a. Projects shall submit a biological resources assessment prepared by a qualified professional
that identifies special-status species, including endangered, threatened, sensitive, rare, and
protected species, and their critical habitats, wildlife migration corridors, riparian habitat, and
other sensitive natural communities (collectively "biological resources"). The biological
resources assessment shall identify measures to protect biological resources based on local
or regional plans, policies, regulations by the California Department of Fish and Game, US Fish
and Wildlife Service, Bay Conservation and Development Commission, National Marine
Fisheries Service, US Army Corps of Engineers, or other state or federal agency with
jurisdiction over the biological resource, or best practices for resources conservation as
established by resource protection or conservation plans.
b. The project shall incorporate all biological resource measures identified by the biological
resources report into the project plans. Measures to be implemented during construction
and operation of the project shall be listed on the improvement plans. The project applicant
shall certify compliance with the measures.
c. The project shall provide a minimum of a 100-foot buffer from habitat for special-status
species, wetlands, riparian areas, oak woodlands, and habitat of significant value as identified
in the biological resources assessment which are present on the project site, unless a reduced
buffer that is not less than 25 feet is determined to be adequate to protect such resources by
the qualified biologist. No ground disturbance shall occur within the buffer area and the area
within the buffer shall be permanent open space.
d. If special-habitat species occur on the site or have the potential to occur on the site, as
determined by the biological resources assessment, the qualified biologist shall identify
adequate measures consistent with mitigation recommended by resource agencies (i.e., U.S.
Fish and Wildlife Service, California Department of Fish and Wildlife) to avoid impacts to
special-status species during any ground-disturbing and construction activities and the project
shall implement such measures and include documentation demonstrating adherence to all
measures. Certificates of occupancy shall not be approved without demonstration of
adherence to all measures.
Projects shall avoid construction or grading on portions of a site containing significant cultural
resources. Projects which qualify for streamlined ministerial review as provided under California
law and containing area identified as a land use type other than urban in Figure C-1 of the Tiburon
General Plan shall conform with the following:
De Novo Planning Group A Land Use Planning, Design, and Environmental Firm
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a. A cultural resources assessment, including site survey, shall be conducted by a qualified
archaeologist and shall identify the potential for cultural resources on the project site.
b. If significant cultural resources, or the potential for significant cultural resources, are
identified by the cultural resources assessment, the project shall avoid such cultural resources
and shall provide a minimum of a 100-foot buffer from significant cultural resources, unless a
reduced buffer that is not less than 25 feet is determined to be adequate to protect such
resources by the qualified archaeologist or measures, such as capping the resource or
relocation of the resources to permanent open space, are identified as adequate to preserve
the significance of significant cultural resources. No ground disturbance shall occur within the
buffer area and the area within the buffer shall be permanent open space. The project shall
implement all recommended measures and include documentation demonstrating
adherence to all measures. Certificates of occupancy shall not be approved without
demonstration of adherence to all measures.
Chapter 16, Division 100
Section 16-100.020 Definitions of Specialized Terms and Phrases.
Several definitions have been added to this section to address terms that have been added throughout
the Municipal Code. Further, some definitions have been clarified or have language added to address the
proposed changes to the Municipal Code.
Zoning Map
The Town of Tiburon Zoning Map would be amended to modify the zoning of the property at 4576
Paradise Drive (APN # 038-142-02) from RPD (Residential Planned Development) to R-3-10 (Multifamily
Residential) as depicted in Exhibit B of the proposed ordinance.
3.0 ENVIRONMENTAL ANALYSIS
CEQA Guidelines Section 15162 provides as follows:
(a) When an EIR has been certified or negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis
of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions
of the previous EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project
is undertaken which will require major revisions of the previous EIR or negative
declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the previous EIR
De Novo Planning Group A Land Use Planning, Design, and Environmental Firm
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was certified as complete or the negative declaration was adopted, shows any of the
following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would
in fact be feasible and would substantially reduce one or more significant effects
of the project, but the project proponents decline to adopt the mitigation measure
or alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline to adopt
the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes available
after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if
required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a
subsequent negative declaration, and addendum, or no further documentation.
Based on review of the Proposed Project, none of these triggers requiring supplemental CEQA analysis
are triggered. Each of the potential triggering events is discussed in turn below.
There are no substantial changes in the project that indicate there are new significant environmental
effects or a substantial increase in the severity of previously identified significant effects that would
require major revisions to the General Plan 2040 EIR. The Proposed Project would not alter the physical
development that could occur under the approved General Plan and that was evaluated in the General
Plan EIR. Rather, the Proposed Project would implement and be consistent with the approved General
Plan. The Proposed Project would rezone 4576 Paradise Drive to a newly created zoning designation, R-3-
10. However, the General Plan 2040 EIR considered the development of that property at a density of 10
units per acre, consistent with the R-3-10 zone, and anticipated up to 93 dwelling units to develop on the
site. The proposed ODDS clarify and standardize information already contained within the Zoning Code
and considered in the General Plan 2040 EIR. The Zoning Ordinance Amendment to increase the maximum
allowable height of primary residential structures in the R-3 and R-3-10 zones from 30 feet to 35 feet
would be minor, and would not result in new or significantly increased aesthetics impacts. No revisions to
the General Plan 2040 EIR would be required.
There are no new or changed circumstances under which the Proposed Project would be undertaken that
require major revisions to the General Plan EIR as a result of new significant effects or a substantial
increase in the severity of previously identified significant effects. The Proposed Project is a continuation
of implementing the General Plan 2040, and all environmental effects were already addressed in the
De Novo Planning Group A Land Use Planning, Design, and Environmental Firm
Page | 8
General Plan 2040 EIR. The circumstances under which the Proposed Project would be undertaken have
not changed in the short period since the General Plan 2040 was adopted.
Finally, the new information trigger is also not met. Throughout the process of adopting the General Plan
2040, the Town received several letters purporting to identify new information that was not previously
known when the General Plan 2040 EIR was prepared. The information provided to the Town applied
solely to the property at 4576 Paradise Drive and largely focused on geological, hydrological, and biological
resources; access to public utilities including sewer and water infrastructure; fire and emergency access;
and traffic safety. The Town, in response, prepared three memoranda addressing specifically conditions
on the 4576 Paradise Drive parcel. Those three memoranda are:
• Tiburon Housing Element Supplemental Memorandum: Site H, dated August 17, 2023
• Site H: 4576 Paradise Drive, Tiburon CA – Transportation Review, dated September 13, 2023
• Site Conditions and Analysis – 4576 Paradise Drive, Tiburon CA, dated September 14, 2023
Following a thorough review of the information provided to the Town for consideration, it was determined
that no new information of substantial importance, which was not known and could not have been known
with the exercise of reasonable diligence at the time the General Plan 2040 EIR was certified, was
submitted to the Town.
Likewise, there is no new information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the General Plan 2040 EIR was certified.
The Proposed Project would not result in a new significant environmental impact or substantially increase
the severity of a previously identified significant impact. The Proposed Project would result in minimal
changes to the Zoning Ordinance, bringing it in line with the direction provided in the adopted Housing
Element. Updating the Zoning Map to identify 4576 Paradise Drive zoned as R-3-10 would not result in a
new significant impact. Establishing ODDS for development already anticipated by the General Plan 2040
and analyzed in the EIR would not cause a new significant effect.
No new feasible mitigation measures or alternatives that were determined infeasible at the time of the
General Plan 2040 EIR certification have been identified. As the Proposed Project would not create new
significant impacts or exacerbate significant effects previously analyzed in the General Plan 2040 EIR, no
mitigation measures would be required. Similarly, no new mitigation measures or alternatives which are
considerably different from those analyzed in the General Plan 2040 EIR that would substantially reduce
one or more significant effects on the environment have been identified.
The Proposed Project is consistent with the analysis provided in the General Plan 2040 EIR and would not
increase the density or intensity of development beyond that envisioned in the General Plan. In general,
it is anticipated that impacts related to aesthetics, air quality, agricultural, biological, and cultural
resources, geology and soils, greenhouse gas emissions, hazards, hydrology and water quality, land use
and planning, population and housing, public services, transportation and traffic, and utilities would be
the same under the Proposed Project when compared to the General Plan 2040 previously analyzed in
the General Plan 2040 EIR.
De Novo Planning Group A Land Use Planning, Design, and Environmental Firm
Page | 9
4.0 CONCLUSION
Based on the information above, the Proposed Project would bring components of the Town’s Zoning
Ordinance and Zoning Map into compliance with the General Plan 2040 as analyzed in the General Plan
2040 EIR and would not result in any physical environmental effects or trigger the need for further
environmental review.
Should you need anything else, please do not hesitate to contact Christina Erwin at 916-997-1865.
Sincerely,
DE NOVO PLANNING GROUP
Christina Erwin
Principal Planner
From:Alison Pence
To:Lea Dilena
Subject:Change of zoning 4576 Paradise Dr.
Date:Tuesday, December 5, 2023 12:12:35 PM
You don't often get email from alipence9@gmail.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.
This is a terrible idea. Paradise Drive is heavily used but has many dangerous turns andno guard rails. Additionally, this parcel has at least 5 seasonal creeks running through it.
Creeks that, in my opinion, are protected under CEQA. Two years ago, when a house wasbuilt on a creek (County approved), they had to repair the roadway. Even after that repair, the
entire road underlayment washed out and it required several months of work to fix again. Ibelieve there are better alternatives for multi family residential housing, closer to services, and
on safer streets.Thanks
Alison Pence14 Hillcrest
Tiburon
TOWN OF TIBURON PAGE 1 OF 4 4874-2148-8234 v1
STAFF REPORT To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Recommendation to consider a Building Permit Extension and any Related Fees and Penalties for a Single-Family Residential Project, Permit BR16-371,
located at 2215 Vistazo East Street; Thomas E. Frankovich Trust, Owner;
Assessor Parcel Number 059-091-55 Reviewed By:
_________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY The Council will consider a building permit extension for a single-family residential project at 2215
Vistazo East Street. RECOMMENDED ACTIONS: 1. Receive the verbal staff report. 2. Take public testimony. 3. Grant a permit extension, either in accordance with Municipal Code section 13-4.2.1(c)(3)5, or with modified terms if the Town Council concludes that modification is warranted, or 4. Deny the request for permit extension.
BACKGROUND
The building permit for construction of a new residence at 2215 Vistazo East Street was issued on
June 13, 2019. Extensions on building permits are governed by Tiburon Municipal Code (TMC) sections 13-4.20.1(c)(3). As allowed under that section, the applicant has received three 6-month extensions. In addition, the applicant was granted an automatic 18-month extension mandated by California Assembly Bill 1561 for COVID relief, that applied to permits in effect on March 4,
2020, that would expire before December 31, 2021. The most recent extension for this project
will expire on December 13, 2023. At the time of expiration, the project will not be completed, and a stop work order will be placed on the project.
Staff notes the applicant experienced delays due to COVID related supply chain issues and difficulty maintaining adequate construction staffing at the project during the pandemic. In
addition, the Bay Area experienced significant rainfall creating difficulty for the applicant and
construction crews at the site. These delays have impacted the overall schedule.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 6, 2023
Agenda Item: AI-1
Town Council Meeting December 6, 2023
TOWN OF TIBURON Page 2 of 4 4874-2148-8234 v1
As a result of the above, owners of the property at 2215 Vistazo East Street, request the Town
Council consider granting a 6-month extension, to allow for their contractors to complete the
remaining items and receive a final building approval within the next 6 months.
ANALYSIS Pursuant to Municipal Code section 13-4.2.1(c)(3)5 (Expiration), the Building Official and Town
Council have a process and options for granting extensions and applying fees for such extensions.
As noted above, a permit expires eighteen months after it is issued (TMC 13-4.2.1(c)(1). A copy of TMC 13-4.2.1(c)(3) is attached as Exhibit 1 and is copied below:
1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18) months from the date the permit is issued.
2. In instances where the permittee has proceeded with due diligence and made substantial
progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six (6) months may be granted, without payment of additional charges or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit
issuance, whether work was conducted on a regular basis, and any other relevant facts.
3. If the project is not completed within the six (6) month extension allowed under subsection 2 above, or if the six (6) month extension was not provided under subsection 2, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. A reactivation and extension may be issued by the Building
Official once a reactivation/extension Charge equal to one (1) times the original project
construction permit fee is paid. A reactivation/extension charge, for purposes of this section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of the building, electrical, plumbing, mechanical,
grading, and business license fee portions of the original permit. A permit reactivated and
extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph.
4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop Work Order may be issued on the date of expiration and work shall not
recommence until the permit is reactivated and extended. Reactivation and extension of the
permit for another six (6) month period shall be allowed only if a Reactivation/Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 3 above, is paid. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the
reactivation/extension granted pursuant to this paragraph.
5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and
payment of five (5) times the original project construction permit fees (as defined in
subsection 2 above) as a Reactivation/Extension Charge. The Town Council may, in its sole
Town Council Meeting December 6, 2023
TOWN OF TIBURON Page 3 of 4 4874-2148-8234 v1
discretion, reduce the reactivation/extension charge based on such reasons as the project's
nearness to completion and/or the cause of the delay.
6. If the project is not completed within the six (6) month extension allowed under subsection 5 above, or pursuant to this subsection 6, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or
retention of a qualified construction manager for a contracted project, in order to promote
swift completion. The Town Council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 3 above) as a Reactivation/Extension Charge.
In this case, the Building Official has granted the three extensions authorized under the municipal
code, and as noted above, the applicant also was granted an automatic 18-month extension pursuant to AB 1561. The Building Official has exhausted his authority to extend the permit further.
Therefore, this item has come before the Town Council for consideration of a 6-month extension
(Item 5 underlined above) and a review of applicable fees in order to complete the project. At the
last extension, the applicant paid three times the permit fee. The Town Council has the discretion to reduce the reactivation/extension based on such reasons as the project’s nearness to completion and/or the cause for delay. As such the Town council may consider imposing charges anywhere from no charge to up to five times the permit fee. During this process the Town Council must
review and accept the completion schedule for the project. If the Town Council issues a six-
month extension and the applicant is unable to complete the construction and returns for an additional extension, Council may impose additional requirements and fees. Alternatively, the Council may deny the request for an extension. Should the Council decide to deny the extension the property owner would be required to resubmit the entire project and the review would begin
as a new project requiring new entitlements.
Status of the project This project has experienced numerous delays and is only recently approaching completion of a 350 foot plus long driveway and related sitework. Other remaining work includes final drainage, landscaping, and all interior finish work on the dwelling, and the work remaining will clearly not
be completed by the December 13, 2023 permit expiration deadline
Prior to the expiration of the permit, Staff requested the applicant provide a timeline in order to ensure the contractor and property owner were aware of the items needed for completion and an agreeable schedule could be submitted for Council review. On November 17, 2023 the contractor
provided a project completion schedule, identified in Exhibit 2. A swift completion of the project appears to be a largely universal desire and will restore the surrounding neighborhood to a level of normalcy that it has not enjoyed for the past four and one-half years. The Town Council should consider granting the extension, and if so, may want to
consider whether to reduce or waive fees for the project applicant. The total amount for the
extension of the permit is $72,875 (Exhibit 3).
Town Council Meeting December 6, 2023
TOWN OF TIBURON Page 4 of 4 4874-2148-8234 v1
FINANCIAL IMPACT
The penalty fee for extending the permit is 5 times the Building Permit fees, or $72,875. This
type of fee is considered general Fund Revenue. If the Council decreases and or waives applicable fees there will be a reduction in revenue as a result. 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 determined that the project is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Section 15321 (a). RECOMMENDATION Staff recommends that Council:
1. Receive the verbal staff report. 2. Take public testimony. 3. Grant a permit extension, either in accordance with Municipal Code section 13-4.2.1(c)(3)5, or modified terms if the Town Council concludes that modification is
warranted, or
4. Deny the request for permit extension. EXHIBITS
1. Highlighted Applicable Tiburon Building Ordinance section regarding time extensions
for this project. 13-4.2.1 (c)(3) 2. Project completion schedule provided by contractor 3. Cost of 5 times permit fee extension per Municipal Code section 13-4.2.1(c)(3)5.
EXHIBIT 1
Created: 2023-10-04 09:41:55 [EST]
(Supp. No. 35, 9-23)
Page 1 of 1
13-4.1.1 Amendments made to the 2022 California Building Code.
Section 105.5 Expiration.
1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18)
months from the date the permit is issued.
2. In instances where the permittee has proceeded with due diligence and made substantial progress but is
unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one
extension of up to six (6) months may be granted, without payment of additional charges or penalties. In
determining whether due diligence has been exercised, the Building Official shall consider whether work began
promptly after permit issuance, whether work was conducted on a regular basis, and any other relevant facts.
3. If the project is not completed within the six (6) month extension allowed under subsection 2 above, or if the
six (6) month extension was not provided under subsection 2, a Stop Work Order may be issued on the date of
expiration and work shall not recommence until the permit is reactivated and extended. A reactivation and
extension may be issued by the Building Official once a reactivation/extension Charge equal to one (1) times
the original project construction permit fee is paid. A reactivation/extension charge, for purposes of this section,
is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover
the cost of providing additional building inspection division services, and is defined as the subtotal of the
building, electrical, plumbing, mechanical, grading, and business license fee portions of the original permit. A
permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond
the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph.
4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop
Work Order may be issued on the date of expiration and work shall not recommence until the permit is
reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be
allowed only if a Reactivation/Extension Charge equal to three (3) times the original project construction permit
fees, as defined in subsection 3 above, is paid. A permit reactivated and extended under this subsection shall
be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension
granted pursuant to this paragraph.
5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, a Stop
Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may
reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a
completion schedule for the project and payment of five (5) times the original project construction permit fees
(as defined in subsection 2 above) as a Reactivation/Extension Charge. The Town Council may, in its sole
discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to
completion and/or the cause of the delay.
6. If the project is not completed within the six (6) month extension allowed under subsection 5 above, or
pursuant to this subsection 6, a Stop Work Order shall be issued and the matter referred to the Town Council
for resolution. The Town Council may impose additional requirements, such as the retention of a qualified
contractor for owner/builder projects or retention of a qualified construction manager for a contracted project,
in order to promote swift completion. The Town Council may reactivate and extend the permit upon imposition
of any such conditions deemed reasonable, and payment of five (5) times the original project construction
permit fees (as defined is subsection 3 above) as a Reactivation/Extension Charge.
EXHIBIT 2
650 Florida Street, Unit C, San Francisco, CA 94110 · 415-759-6228
Schedule - Gantt - 2215 Vistazo
October 2023 November 2023 December 2023 January 2024 February 2024 March 2024 April 2024 May 2024
Electrical - Rough-in Oct 31, 2023
Plumbing - Rough-in Oct 31, 2023
HVAC - Heating/AC - Rough in Nov 6, 2023
Concrete - Driveway/walls/piers Nov 7, 2023
Exterior Painting Nov 14, 2023
Plumbing - Rough Inspections Nov 21, 2023
Electrical - Low Voltage - Rough-in Nov 22, 2023
Electrical - Rough Inspections Nov 22, 2023
Framing - Rough Inspections Nov 22, 2023
Heating - Rough Inspections Nov 23, 2023
Utilities - Electrical Service Line Nov 23, 2023
Electrical - Solar panels - Finish Nov 28, 2023
Plumbing - Underground Main Water Nov 28, 2023
Electrical - Solar panels - Rough Nov 29, 2023
Insulation Nov 29, 2023
Concrete Pads and Walks - Sidewalk Connection Dec 5, 2023
Utilities - Gas LIne Dec 5, 2023
Smart home - Rough-in Dec 7, 2023
Wood Decking Installation Dec 11, 2023
Driveway Gate - Installation Dec 12, 2023
Fireplaces - Installation Dec 13, 2023
Insulation - Rough Inspections Dec 13, 2023
Tile Over Pedestal Decking Dec 13, 2023
Main Entry Door - Installation Dec 14, 2023
OK to Cover - Inspections Dec 14, 2023
Gypsum Wallboard - Install/Finish Dec 19, 2023
Landscaping Dec 19, 2023
Drywall nailing - Inspection Dec 26, 2023
Interior Doors - Installation Jan 3, 2024
Trellis - Order/installation Jan 3, 2024
Garage Doors - Installation Jan 11, 2024
Interior Hand Railing Jan 17, 2024
Interior Painting Jan 17, 2024
Concrete Retaining Walls / Garage Jan 24, 2024
Electrical - exterior landscape lights Jan 24, 2024
Kitchen Cabinets - Installation Jan 24, 2024
Live Roof Jan 24, 2024
Property line fence Jan 24, 2024
Finish Carpentry Jan 25, 2024
Interior Siding - Installation Jan 31, 2024
Tiling - Installation Exterior/Interior Jan 31, 2024
Wood Flooring Jan 31, 2024
Residential Appliances - Installation Feb 2, 2024
Countertops - Installation Feb 7, 2024
Door Hardware - Installation Feb 7, 2024
Electrical - Finish Installation Feb 7, 2024
Fire Alarm -Trim-out/Finish Feb 7, 2024
Wardrobe and Closet Specialties Feb 7, 2024
Fire Sprinkler Systems - Finish/Inspect Feb 14, 2024
Plumbing - Finish Feb 19, 2024
Bath Accessories - Installation Feb 28, 2024
Mirrors, Tub and Shower Doors - Installation Feb 28, 2024
Final Inspections Mar 4, 2024
Punch List Mar 18, 2024
Weather Related Delays Mar 18, 2024
Unforeseen circumstances Apr 8, 2024
Title Start Complete
Electrical - Rough-in
Plumbing - Rough-in
HVAC - Heating/AC - Rough in
Concrete - Driveway/walls/piers
Exterior Painting
Plumbing - Rough Inspections
Electrical - Low Voltage - Rough-in
Electrical - Rough Inspections
Framing - Rough Inspections
Heating - Rough Inspections
Utilities - Electrical Service Line
Electrical - Solar panels - Finish
Plumbing - Underground Main Water
Electrical - Solar panels - Rough
Insulation
Concrete Pads and Walks - Sidewalk Connection
Utilities - Gas LIne
Smart home - Rough-in
Wood Decking Installation
Driveway Gate - Installation
Fireplaces - Installation
Insulation - Rough Inspections
Tile Over Pedestal Decking
Main Entry Door - Installation
OK to Cover - Inspections
Gypsum Wallboard - Install/Finish
Landscaping
Drywall nailing - Inspection
Interior Doors - Installation
Trellis - Order/installation
Garage Doors - Installation
Interior Hand Railing
Interior Painting
Concrete Retaining Walls / Garage
Electrical - exterior landscape lights
Kitchen Cabinets - Installation
Live Roof
Property line fence
Finish Carpentry
Interior Siding - Installation
Tiling - Installation Exterior/Interior
Wood Flooring
Residential Appliances - Installation
Countertops - Installation
Door Hardware - Installation
Electrical - Finish Installation
Fire Alarm -Trim-out/Finish
Wardrobe and Closet Specialties
Fire Sprinkler Systems - Finish/Inspect
Plumbing - Finish
Bath Accessories - Installation
Mirrors, Tub and Shower Doors - Installation
Final Inspections
Punch List
Weather Related Delays
Unforeseen circumstances
EXHIBIT 3
BP / RBR #
BR16-371
DATE
11.15.23
VALUATION DESCRIPTION /
PERMIT TYPE
PLAN CHECK -$ -$
-$
-$
-$
R -$
-$
-$
-$
-$ -$
-$ -$
PENALTIES 67,992.50$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$
-$ -$
-$ PARKING PROGRAM -$
4,882.50$ COUNTY RECORDER -$
-$ RENTALS -$
-$
-$ -$
-$ -$
-$ -$
CHECK NO TOTAL
Thank you RECEIVED BY
BUSINESS LICENSE
PLAN STORAGE
72,875.00$
D/R COMPLIANCE
GEN. PLAN. MAINT.
APPLY
PERMIT REACTIVATION
SPECIAL DEPOSITS
LANDSCAPE BOND
F.A.E.
BUILDING FEES
PHOTOCOPYING
TECHNOLOGY FEE
S.WATER R.OFF IMP.FEE ADMINISTRATION FEES
TRAFFIC MITIGAT.
MECHANICAL
BLDG COST RECOVERY
RESALE INSPECTION
UNDERGRD. WAIVER APPEAL
FINAL MAP
TREE PERMITELECTRICAL
CA BLDG. STD. AD. FUND
FINES/PENALTIES
NOTICING
CEQA
PRECISE PLAN
TENTATIVE MAP
PLUMBING
TOWN OF TIBURON
1505 TIBURON BLVD. TIBURON CA 94920
TEL:(415) 435-7373 FAX:(415) 435-2438
2,000,000.00$
PROJECT ADDRESS 2215 VISTAZO EAST
A SIX-MONTH
EXTENSION
GP ZONING AMDMT
PLANNING FEES
USE PERMIT
MASTER PLAN
BUILDING PERMIT
BUSINESS LICENSE
VARIANCE
SIGN PERMIT
DESIGN REVIEW
RECEIVED FROM 5X PERMIT FEE
DRAINAGE REVIEW
LOT LINE ADJ
CA SEISMIC TAX
ENCROACHMENT
RESEARCH
RE-INSPECTION DOCUMENT SALE
PLAN STORAGESTREET IMPACT
GRADING
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Heritage & Arts Commission
Subject: Consider Request from the Heritage & Arts Commission to Transfer $50,000 from General Fund Operating Reserves to the Public Art Discretionary
Reserve Fund Reviewed By: _________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY The Council will consider a request from the Heritage & Arts Commission to transfer funds into the
Public Art Reserve Fund. RECOMMENDED ACTION(S) 1. Receive the information provided in this staff report and the H&A presentation, and consider a motion to approve the transfer of $50,000 from General Fund Operating Reserves to the Public Art Reserve Fund, or 2. Consider a motion to approve the transfer of an alternative amount, or 3. Deny the request.
BACKGROUND
In 2019, the Heritage & Arts Commission created a Public Art Program and Policy, which was
approved by the Council in November 2019 (Exhibit 1). To date the program has no permanent fund-raising structure and has raised funds for projects as follows: 1) Private donations by individuals with no earmark for a certain project. These donations
are held in a reserve fund named the Public Art Reserve Fund. This Fund currently has a
balance of approximately $4,500.00. 2) Private donations by individuals with an earmark for an individual project. For example, the Thomas Jackson “Collaborative Nature” temporary installation that was installed on South Knoll this past Spring/Summer was funded in part by private donations.
3) Request to the Town Council for a specific project. The Town Council contributed $7,000
to the Thomas Jackson temporary installation. To support Public Art in Tiburon, the Heritage & Arts Commission created an ad hoc committee to study different possible forms of financial support through the Town’s existing funding
mechanisms. After discussing various potential funding strategies, the ad hoc committee
proposed to the H&A Commission that they formally request the Town Council transfer $50,000
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 6, 2023
Agenda Item: AI-2
Town Council Meeting December 6, 2023
TOWN OF TIBURON PAGE 2 OF 2
from the General Fund Reserves to the existing Public Art Reserve Fund. The letter of request (Exhibit 2) for $50,000 was approved at the Heritage & Arts Commission meeting on November 28, 2023. The H&A Commission believes this approach will provide the following benefits:
• By setting aside money for this purpose, the Town sends the signal that it supports and
values Public Art in Tiburon.
• This fund allows H&A to develop projects quickly and efficiently without having to ask for funds prior to pursuing a potential project, and not having to wait for fundraising campaigns to be crafted and implemented (in our case, without a dedicated
development professional).
• Additionally, by streamlining the process, this might help reinvigorate and grow the Public Art Selection Panel. It should be noted that if the Council approves this request, any project proposed by the H&A Commission that includes utilizing these funds will still require final approval by the Council
before any funds are expended. ANALYSIS Representatives from the H&A Commission will be attending tonight’s meeting to provide a brief presentation on the request and answer any questions from the Council.
FINANCIAL IMPACT Current policy requires the Town to maintain a minimum of 25% (approx. $3.24M) of the current Fiscal Year’s operating budget as General Fund Operating Reserves. Staff estimates at the end of the current Fiscal Year, General Fund Operating Reserves will total approximately $6.3M.
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) Receive the information provided in this staff report and the H&A presentation, and consider a motion approve the transfer of $50,000 from General Fund Operating Reserves to the Public Art Reserve Fund, or 2) Consider a motion to approve the transfer of an alternative amount, or 3) Deny the request.
Exhibit(s): 1. Public Art Program & Policy 2. Heritage & Arts Commission Proposal Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
HERITAGE AND ARTS COMMISSION
PUBLIC ART PROGRAM POLICY STATEMENT
VISION STATEMENT
The Public Art Program is committed to enhance the physical beauty of the Town of Tiburon and add
to the public experience of art which will enrich the spirit and pride of our community.
GOALS
The Public Art Program is committed to expand opportunities for our citizens to experience public art
creating a more pleasing environment and improving our quality of life.
The Program will:
• Promote awareness of public art and provide opportunities for individuals to identify with and
feel ownership of commissioned artworks.
• Utilize public art as a vehicle to educate children and provide avenues for their unique artistic
expressions to enrich the community.
• Involve artists in the planning and design of public art projects.
• Commission artists to create artworks that are responsive to the sites selected without
blocking view corridors or impeding the use of public open space. The art work should create
possibilities for collaboration between artists, design professionals including architects,
landscape architects, planners, engineers and city officials.
DEFINITIONS
Accessioning: The process of selecting an artwork into a Public Art Collection whether by
commissioning, purchase, or donation.
• Role of the Heritage and Arts Commission: The Commission formed by Resolution 31-2014
of the Tiburon Town Council has among its duties “To recommend the appropriate selection,
placement, modification and/or maintenance of art...in the Town of Tiburon”.
• The Commission may appoint a committee to help with the selections. The Heritage and Arts
Commission recommends an artist to be approved by the Town Council as the Artist
Laureate of Tiburon. Part of the Artist Laureate’s duty will be to work with the Commission to
select sites along with the Parks and Open Space Commission, the Public Works
Department, and other relevant local organizations.
Deaccessioning: The process of permanently removing an artwork from the Public Art Collection by
sale, destruction and/or removal from public display.
ELIGIBLE ARTWORKS
In general, all forms of artistic expression created by professional artists are eligible for inclusion in
the Public Art Program. Free-standing works as well as works that have been integrated into the
underlying architecture or landscape are included for consideration. The artwork may consist of both
permanent and temporary installations.
Design elements which are mass produced such as playground equipment, benches, decorative or
ornamental pieces will be considered only if they are integral to the artists overall design. Services or
utilities necessary to operate or maintain an artwork shall not be deemed part of the artwork itself.
ARTIST SELECTION PANELS
The Heritage and Arts Commission may form an ad hoc panel to recommend artists for individual
public art projects or groups of projects. The panel can review the credentials, prior work,
qualifications, and proposals submitted by artists for a particular public art project. The panel should
be sensitive to the public nature of the project and maintain confidentiality of all the discussions. The
Heritage and Arts Commission will make final recommendation to Town Council on all art/artist
selections. The Heritage & Arts Commission may assign additional duties to the panel as necessary.
ARTISTS RESPONSIBILITIES
Artists shall submit the following:
• Qualifications
• Visuals
• Proposals and/or project materials requested.
• If selected, the artist will execute and complete the artwork in a timely and professional
manner as contracted.
• The artist will make presentations to the Heritage and Arts Commission or other reviewing
bodies as determined by Town Manager.
• Public presentations and community education workshops may be requested for any public
art project as needed.
OTHER AGENCIES’ RESPONSIBILITIES
The Town Manager will assign Staff as necessary to review proposed contracts or agreements of
selected artists and make recommendations regarding the following:
• Liability and insurance requirements.
• Legal issues.
• Safety issues.
• Code requirements.
• Timelines.
• Installation issues will be discussed with the Town Engineer.
• Appropriate documentation will be completed which may include design, other drawings,
photographs or videos.
SITE SELECTION
The Heritage and Arts Commission will maintain an inventory of current artworks and a map of the
peninsula which will show where artwork is located. The map will provide information where future
artwork can be placed. The Commission can either choose a location where artwork would be a
valuable addition to the community and solicit proposals for that specific site or identify appropriate
artwork and determine which site would be the best location. The criteria to be used for site
selection would include:
• Compatibility with the principal purpose of the location; work must not block view corridors or
impede use of public open space.
• Suitability of the artwork’s scale and character.
• Availability of suitable physical space.
• Environmental suitability of the artwork.
• Cost to establish and maintain the artwork at the site.
• Availability of funding sources.
The Heritage and Arts Commission will coordinate the site selection process with appropriate Town
Staff and other Town bodies as determined by Town Manager.
FUNDING
The Public Art Program recognizes that funding and maintenance of public art can be
challenging. The Program anticipates utilizing the following methods:
• Public funds could be used to acquire and maintain public art if built into the Town’s budget
as a specific line item.
• A percentage for art could be built into town funded capital improvement projects.
• Business sponsorships could be developed for specific proposed art selections or for the
Public Art Program in general.
• Donations for public art could be sought from private sector groups, both for-profit and/or
non-profit.
• Individuals may make donations.
• Grants and/or matching grants could be sought from national and local foundations and
institutions.
ARTIST SELECTION
The Heritage and Arts Commission will select artists using one of the following methods:
• Request for Qualifications. (RFQ)
• Request for Proposal. (RFP)
• Invitational competition.
• Pre-qualified list.
The method used will vary depending on the type of project and the specific requirements of the
project. The goal is to select artists in a well-documented and transparent process that are best
suited to the project in mind. The following factors will be considered when reviewing proposals by
the artist and the artwork:
• Reasonable maintenance requirements as specified by the artist. Consideration will be given
to who will perform the maintenance procedures; the Town, the artist or private parties.
• Works of art will be designed considering public safety and decency.
• Consideration will be given to issues of security, theft, vandalism.
• The design of the art will be site specific. Works must not block view corridors or impede use
of key public open space.
OVERVIEW OF THE PUBLIC ART APPROVAL PROCESS
The general outline of the approval process will be as follows:
• Select a site or group of sites
• The artist selection panel will determine if the proposed public art project fits the Public Art
Program.
• The Heritage and Arts Commission will recommend the project to Town Council.
• The Town Staff will prepare a Staff Report and comment on the project.
• The Town Council will consider approval of the project.
EXHIBIT 2
PROPOSAL TO FUND THE TIBURON PUBLIC ART PROGRAM
November 28, 2023
Dear Tiburon Town Council:
The Heritage and Arts Commission thanks the Tiburon Town Council for its support of the permanent
Portuguese Dairy Mural and the recent, temporary exhibition “Collaborative Nature” by Thomas Jackson.
Both of these Heritage and Arts public art projects have proven to be immensely popular and successful with
Tiburon residents and visitors. They would never have been possible without the approval, financial support,
and encouragement of the Town Council.
The genesis of the Public Art Program goes back to 2019 and Tiburon Artist Laureate Richard Rozen’s idea
to bring public art to Tiburon and its residents. The Heritage and Arts Commission created a Public Art
Program and Policy, and the Public Art Policy was approved by the Town Council in November of 2019.
Today, we seek a formal commitment from the Town Council to fund the Public Art Program in line with
the adopted Public Art Policy. Public art establishes a unique and culturally engaging space in our town. By
formalizing the Town’s support of the Public Art Program, the Town will send the signal that it supports and
values Public Art in Tiburon. We believe this show of support by the Town will inspire residents and donors,
and reinvigorate the Public Art Selection Panel (PASP) with membership from our volunteer residents.
A funded Public Art Program holds the potential to transform and enhance public places by:
• Raising the quality of life in the town through enjoyment and creative expression
• Bringing educational benefits through raising awareness of ideas and perspectives
• Connecting art and artists to communities and residents of all ages
• Fostering a sense of civic pride
• Bringing revenue to local business through cultural tourism
• Helping to raise the profile of the town of Tiburon as a cultural destination
In this light, the Heritage and Arts Commission respectfully requests that the Town set aside $50,000, at its
discretion, from the General Fund Reserves to the Heritage & Arts Public Art Fund. Access to such a fund
will enable the Heritage and Arts Commission to pursue and develop projects in a timely fashion, and show
our commitment to potential artists and projects while we craft and implement dedicated fundraising
campaigns. With a short runway to developing projects every year, the fund would give us speed and
flexibility that, as we've learned from past experience, is a critical element in bringing public art to Tiburon.
We consider this funding proposal a critical step forward allowing the Heritage and Arts Commission to
develop and bring quality art projects and performances to Tiburon. It is our hope that the Public Art Fund
and the projects we bring to Tiburon through its support, will serve as a first step toward a regular and
sustainable funding source for the Public Art Program in keeping with the adopted Public Art Policy.
Thank you for your consideration.
Sincerely,
The Members of the Heritage & Arts Commission
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Clerk
Subject: Town Council Ad Hoc Subcommittees
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider creation of the 2023 Town Manager Performance Evaluation and the 2024
Budget/Finance ad hoc subcommittees. RECOMMENDED ACTION(S) 1. Create the 2023 Town Manager Performance Evaluation and the 2023 Budget/Finance ad hoc subcommittees and appoint two members of the Council to the subcommittees.
BACKGROUND
The Town Council serves on a variety of local ad hoc subcommittees, created for a defined period with a limited scope. Following the election of the Mayor and Vice Mayor for 2024, it is now timely for the Town Council to create and appoint membership to the 2023 Town Manager Performance Evaluation
and the 2024 Budget/Finance ad hoc subcommittees. Both subcommittees are traditionally made up of the Mayor and Vice Mayor. 2023 Town Manager Performance Evaluation
The Town retained Gregory Chanis as the Town Manager pursuant to an employment agreement dated December 22, 2016. Section 5 of the agreement provides for annual performance reviews, “on or before the anniversary of the Employee’s initial hire each year and salary adjustments will be considered in conjunction with the performance evaluation.” The ad hoc subcommittee will
sunset upon completion of the performance evaluation.
2024 Budget/Finance
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 6, 2023
Agenda Item: AI-5
Town Council Meeting December 6, 2023
TOWN OF TIBURON PAGE 2 OF 2
The 2024 Budget/Finance ad hoc subcommittee reviews the proposed FY 2024-25 Municipal Budget and Capital Improvement Program. The ad hoc subcommittee will sunset upon adoption of the next fiscal year budget.
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 create the 2023 Town Manager Performance Evaluation and the 2023 Budget/Finance ad hoc subcommittees and appoint two members of the Council to
the subcommittees.
Prepared By: Lea Dilena, Town Clerk